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After Judge’s Gig Worker Ruling, Advocates Want Protections for Contract Nurses, Too

McKenzie Young is a traveling nurse from California who works in Hawaii. She gets placements through an agency that connects her to temporary jobs around the state and country. Her assignments can last anywhere from a couple of weeks to months at a time. When Young returns to the mainland, she plans to sign up on a nursing placement app for shorter-term freelance nurses who get paid by picking up shifts at nearby medical facilities.

Published

6 months ago

April 7, 2023

Oakland Post

Some advocates say hospitals should classify nurses they hire through apps as employees, not as contractors. Photo courtesy of CBM

By Edward Henderson
California Black Media

When Young returns to the mainland, she plans to sign up on a nursing placement app for shorter-term freelance nurses who get paid by picking up shifts at nearby medical facilities.

Currently, her gig in Hawaii pays Young by the hour. She gets medical insurance through the hospital to which she is assigned, and she opts to pay out-of-pocket for her own individualized retirement plan.

“If you can do it smart that way and make sure you’re giving what you should and set up the accounts you need, I can put even more into my retirement because I’m making more,” Young said. “It’s hard going back to (being on) staff.”

Young says more nurses would opt for freelance work if they knew how flexible and lucrative it can be. And because there is a nursing shortage, she never has to worry about not finding temporary assignments.

As more nurses like Young enter the gig economy seeking higher pay rates and more control over their work schedules, some advocates assert that hospitals that contract nurses often misclassify them as independent contractors, a practice that comes with “tremendous legal and regulatory risks.”

“When workers are misclassified as independent contractors, there is a damaging domino effect that impacts all levels of our economy. In this case, caretakers were systematically denied minimum wage, overtime and other legally required working conditions,” said California Labor Commissioner Lilia García-Brower.

Nurses have access to various apps that help them find work. Just like dating apps, many of these apps enable users to browse through job options by scrolling or swiping until they find a suitable job, facility and working hours.

Within the spectrum of these healthcare staffing apps, some provide 1099 workers who are farmed out as independent contractors. Other companies like IntelyCare and ShiftMed hire healthcare staff as W-2 employees, who are eligible for benefits not accorded to 1099 workers.

On March 13, California Courts of Appeal Justices ruled that Proposition 22 (a 2020 ballot measure that allowed Lyft, Uber and other gig economy platforms to classify their workers as independent contractors rather than employees) is constitutional.

Executive secretary-treasurer of the California Labor Federation, Lorena Gonzalez Fletcher, issued a press release speaking out against the court’s decision.

“Today the Appeals Court chose to stand with powerful corporations over working people, allowing companies to buy their way out of our state’s labor laws and undermine our state Constitution,” Gonzalez Fletcher said. “Our system is broken. It would be an understatement to say we are disappointed by this decision.”

Gonzalez Fletcher, who, as an Assemblymember authored Assembly Bill 5 (AB 5), which established stricter criteria for classifying workers as independent contractors rather than employees, has been a vocal supporter of legislation prohibiting companies from hiring freelance workers to avoid paying them benefits they are entitled to under California’s labor laws.

The distinction between being an employee and independent contractor is very important, advocates like Gonzalez Fletcher point out.

Employees have the right to benefits including sick and family leave, unemployment benefits, minimum wage and more.

With 36% of workers in the U.S. in the gig economy, the battle for these distinctions continues to rage on with both sides contesting court decisions made in the other’s favor.

This past year home healthcare placement agencies were fined $1.8 million by the California Labor Commissioner’s Office for misclassifying 66 workers.

Healthcare app-based staffing company CareRev was sued for misclassifying workers who signed up on the app as contractors.

Advocates point out that the healthcare industry is more regulated than the rideshare industry.

“Any nurse who walks into a long-term care or memory care facility will have a long list of rules and protocols that need to be followed. They are often given access badges, a work schedule, a patient list, and time slots for medication, food, or exercise rotation,” reads a press release that advocates published describing how companies are benefitting from hiring contract nurses and not paying them the benefits that full-time employees must receive by law.

So far, no bill has been introduced in the California Legislature to regulate health care industry staffing apps, but advocates say the problems they are posing will hurt health care workers and the industry writ large.

“Misclassification opens the door for joint employer liability and legal wage and hour disputes,” advocates added in the press release.

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Oakland Post: Week of September 20 – 26, 2023

The printed Weekly Edition of the Oakland Post: Week of September 20 – 26, 2023

Published

2 days ago

September 22, 2023

Oakland Post

The printed Weekly Edition of the Oakland Post: Week of September 20 -26, 2023

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WATCH LIVE! — NNPA 2023 National Leadership Awards Reception

NNPA NEWSWIRE — Welcome to the NNPA 2023 National Leadership Awards Reception
The post WATCH LIVE! — NNPA 2023 National Leadership Awards Reception first appeared on BlackPressUSA.

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3 days ago

September 22, 2023

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OP-ED: Delivering Climate Resilience Funding to Communities that Need it the Most

NNPA NEWSWIRE — Just last month, FEMA announced nearly $3 billion in climate mitigation project selections nationwide to help communities build resilience through its Building Resilient Infrastructure and Communities (BRIC) national competition and Flood Mitigation Assistance program. In total, more than 50% of these projects will benefit disadvantaged communities, and in particular, 70% of BRIC projects will do the same.
The post OP-ED: Delivering Climate Resilience Funding to Communities that Need it the Most first appeared on BlackPressUSA.

Published

3 days ago

September 22, 2023

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By Erik A. Hooks, FEMA Deputy Administrator

We know that disasters do not discriminate. Yet, recovery from the same event can be uneven from community to community, perpetuating pre-existing inequalities. Recognizing these disparities, FEMA and the entire Biden-Harris Administration have prioritized equity when it comes to accessing federal programs and resources.

The numbers tell the story.

Just last month, FEMA announced nearly $3 billion in climate mitigation project selections nationwide to help communities build resilience through its Building Resilient Infrastructure and Communities (BRIC) national competition and Flood Mitigation Assistance program. In total, more than 50% of these projects will benefit disadvantaged communities, and in particular, 70% of BRIC projects will do the same.

These selections further underscore the Biden-Harris Administration’s commitment to equity and reaffirm FEMA’s mission of helping people before, during and after disasters, delivering funding to the communities that need it most.

Building on this momentum and our people-first approach, FEMA recently announced the initial designation of nearly 500 census tracts, which will be eligible for increased federal support to become more resilient to natural hazards and extreme weather worsened by the climate crisis. FEMA will use “Community Disaster Resilience Zone” designations to direct and manage financial and technical assistance for resilience projects nationwide, targeting communities most at risk due to climate change. More Community Disaster Resilience Zone designations, including tribal lands and territories, are expected to be announced in the fall of 2023.

These types of investments have, and will yield a significant return on investment for communities nationwide.

For example, in my home state of North Carolina, the historic community of Princeville, founded by freed African American slaves, uses BRIC funding to move vulnerable homes and critical utilities out of flood-prone areas.

In East Harlem, BRIC dollars will provide nature-based flood control solutions to mitigate the impacts of extreme rainfall events in the Clinton low-income housing community.

While we are encouraged by these investments, we know more must be done.

Not every community has the personnel, the time or the resources to apply for these federal dollars. Fortunately, FEMA offers free, Direct Technical Assistance to help under-resourced communities navigate the grant application process and get connected with critical resources. Under the leadership of FEMA Administrator Deanne Criswell, this assistance has been a game-changer, reducing barriers and providing even more flexible, customer-focused, tailored support to communities interested in building and sustaining successful resilience programs.

In Eastwick, Philadelphia, FEMA’s dedicated support helped the city with outreach to multiple federal agencies. Together, we built a comprehensive community-led flood mitigation strategy. When applied and implemented, this will make this community more resilient to hazards like flooding, which was negatively affecting many neighborhood blocks.

In DePue, Illinois, we worked hand-in-hand with communities to improve their ability to submit high-quality funding applications for hazard mitigation projects. We are happy to share that DePue is the first Direct Technical Assistance community to be selected in the BRIC national competition. And, we know they will not be the last. Thanks to this assistance and their ambition, DePue was awarded more than $20 million to build a new wastewater treatment plant, which will reduce flooding and raw sewage back-up into the basements of homes.

In total, our agency is working with over 70 communities, including tribal nations, to increase access to funding for mitigation projects that will make communities more livable and resilient.

With extreme weather events becoming increasingly intense and frequent due to climate change, we must keep pressing forward and continue investing in ways to better protect ourselves and our neighbors. And we are encouraged that local officials are engaging with us to learn more about the benefits of the BRIC non-financial Direct Technical Assistance initiative—just last week, we saw hundreds of participants nationwide register for a recent webinar on this important topic.

We want to see even more communities take advantage of this initiative, and, ultimately, obtain grants for innovative and forward-looking resilience projects. To that end, FEMA recently published a blog with five steps to help local communities and tribal nations learn more about the benefits of this non-financial technical assistance to access federal funding. I hope your community will take action and submit a letter of interest for this exciting opportunity and increase meaningful mitigation work throughout the country.

With the pace of disasters accelerating, communities can utilize federal resources to reduce their risk and take action to save property and lives. FEMA stands ready to be a partner and collaborator with any community that is ready to implement creative mitigation strategies and help build our nation’s resilience.

The post OP-ED: Delivering Climate Resilience Funding to Communities that Need it the Most first appeared on BlackPressUSA.