Pacific Workers Comp Law Center - November 2019

Pacific Post Assembly Bill 5 (AB5), often referred to as the “Uber law,”will be placed into effect by 2020 in California, which will force gig economy empires to treat their independent contractors as employees. The gig economy — sometimes called the share economy — encompasses app-based ride-shares like Lyft, Uber, and Postmates. This bill has been a major point of contention for both the ride-share companies and the contractors they employ. If you or someone you know is a gig worker, there are several important facts to know about what exactly this bill entails and how it will affect the gig economy workforce. reclassifying drivers or the backlog of employment lawsuits would be passed to consumers, which would result in higher-priced rides in California. An Uber executive had a starker response to the AB5 bill. The executive told Business Insider that it would cause a significant shift in how the company does business. AB5: Good or Bad? November 2019

However, it seems that Wall Street is the one that’s most concerned. Wall Street analysts estimate that, in California alone, reclassifying drivers would cost $3,625 per driver per year. The other costs associated with employing drivers equate to $290 million a year. The 25% increase in drivers’ wages would drive demand to zero. The analysts conclude that this bill would effectively bankrupt both Uber and Lyft. To compromise, Uber has offered a restructure of employee benefits. The first is a guaranteed earnings package that includes compensation for average expenses incurred and a base earning that would start at $21 an hour with opportunities to earn more. There would also be a benefits package that would include paid time off, paid sick leave, and compensation if they are unable to work due to a driving accident. A third party would administer this benefits package, and all ride-share companies would have to pay into it. The last part would be the first of its kind in the U.S.: a sectoral bargaining representation model where drivers have a legal right to negotiate over earnings, benefits, and other decisions. The growing concern for the ride-share community is how this bill will affect their bottom line. For some, the money they make providing rides is supplemental, and for others, it’s how they make ends meet. This new law could provide the benefits these workers are in great need of, provided that demand for their rides doesn’t change. If the concerns of Wall Street, Uber, and Lyft are valid, it could significantly impact our local economy. If the price per ride increases and demand plummets, the drivers and their companies are left without revenue channels, which would ultimately cause unemployment and bankruptcy. How do you feel about the recent bill proposal and what it means for drivers and ride-share companies? Do you think this will hurt or benefit our state economy? Let us know next time you’re in the office!

To distinguish someone as an independent contractor, companies will use the “ABC” test. The three qualifications include all of the following parts: • The worker does not answer to the company in relation to their performance on the job. • The worker performs work that does not fall under the company’s course. • The worker is engaged in an independently established trade. If you do not meet one of the qualifications, you are classified as an employee and have the right to at least minimum wage and excellent benefits. Those benefits include paid sick/vacation leave, workers’ compensation, unemployment insurance, and expense reimbursement. It’s also important to note that employers will pay half of what their employees owe in Social Security tax. These costs would rack up to 30% in additional labor costs, which is why so many ride-share companies are challenging AB5. While the bill doesn’t automatically turn ride-share drivers into employees, gig economy companies are actively fighting against it. At a conference, Lyft CEO Brian Roberts told investors that any increased costs associated with

“While the bill doesn’t

automatically turn ride-share drivers into employees, gig economy companies are actively fighting against it.”

— The Lawyers For Injured Workers

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And Follow Th Avoid Fires Thi

Thanksgiving can be a fantastic opportunity to spend quality time with family, but it’s also a prime time for mishaps. Between prepping and cooking alone, there are plenty of opportunities for accidents. Here are a few ways to avoid spending your Thanksgiving at the ER or with the fire department! Never leave the stove unattended; if you’re short- handed, set a timer on your phone for every few minutes to check the turkey periodically. Beware that gas stoves produce carbon dioxide, so open all vents and crack your kitchen windows to ensure that gas dissipates. Equip your fire alarms with new batteries and test them to ensure they’re working properly, and make sure your fire extinguisher is easily accessible and that everyone knows how to use it. If you do experience a grease fire, don’t use water to douse the flames, as it will cause the fire to spread. Turn off the burner and smother the fire with baking soda. You can also use the fire extinguisher to stop fire from spreading. Restrict the kitchen to adults only, as your hot appliances, like the stove, slow cooker, and oven, can cause severe burns if misused.

The Sport That United a Country

The 1995 Rugby World Cup

In early November, the 2019 Rugby World Cup will wrap up in Japan. The international competition brings out world-class athletes and entertainment. While matches are certainly intense, respect for the competition and for referees is a core tenet of rugby culture. After going head-to-head with an opponent, you’ll still shake hands, and maybe have a beer together, at the end of a match. This principle was on full display nearly 25 years ago at the 1995 Rugby World Cup final in South Africa. The South African Springboks were up against the New Zealand All Blacks, and a number of factors made this an exceptional match. Just a few years earlier in 1991, apartheid legislation had been repealed in South Africa. The policy had left a deep cut, and the country still had a long journey toward healing and reparation. Nelson Mandela, who had been elected in 1994, was set on championing a “rainbow nation” in this new postapartheid era. Rugby started in England in the late 1800s, and colonizers took it to South Africa, where South Africans of every color embraced the game. It was controversial because of its connection to the architects of apartheid, but Mandela saw rugby’s potential as a symbol of hope and unity for a country that desperately needed it. Springboks captain Francois Pienaar (played by Matt Damon in “Invictus,” the film adaptation of this event) thought the president’s support of the team was a brilliant act. “During those six weeks, what happened in this country was incredible,” Pienaar said. Just before the final game that would decide the 1995World Cup winners, Mandela sported a Springboks jersey and stood behind the team. Through a hard-fought match, South Africa came out on top, and, after receiving the trophy from President Mandela, Pienaar explained the atmosphere of the event:“When the final whistle blew, this country changed forever.” If the 1995 World Cup was any indication, the camaraderie inherent to rugby can transcend all kinds of barriers. Meet a fellow rugby player or fan in any part of the world, and you’ll likely forge an instant kinship. In 2021, you can look forward to cheering on the women’s teams during the Rugby World Cup in New Zealand.

The Best Leftove Thanksgiving may be held on Thursday, but the food often lasts at least through the weekend. To make the best use of the excess, grill up some killer turkey sandwiches.

Ingredients •

2 slices sourdough bread

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1/3 cup leftover dressing or stuffing

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2 tbsp Dijon mustard

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2 tbsp leftover gravy

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2 slices Swiss cheese

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1 tbsp butter, room temperature

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1/3 cup shredded leftover turkey 3 tbsp leftover cranberry sauce

Note: Don’t worry if you don’t have all the leftovers required.

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Directions 1. Coat inside of each bread slice with mustard and a slice of cheese. Place turkey and cranberry sauce on one slice and dressing and gravy on the other. 2. Combine sandwich and spread butter on both sides. 3. In a panini maker or large skillet, grill until crispy and golden brown. 4. Slice and serve.

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se Safety Tips Thanksgiving

Local Winter Traditions California may not be a winter wonderland, but it’s still steeped in many holiday traditions that are sure to please. Here are three that you can celebrate with the whole family! At 6:40 p.m. on Friday, Nov. 29, one of the brightest tree-lighting ceremonies will begin! But before the lights come on, attendees will get to enjoy performances from the area’s top artists. This year, the 83-foot behemoth gifted from Macy’s will feature 30,000 lights and around 1,100 decorations. The tree will stay lit until the end of the year, so even if you miss the ceremony, you can still marvel at the brilliant display. Union Square Christmas Tree Lighting Illuminate San Francisco brings together the entire city for a light show that spans 17 different neighborhoods with light sculptures from over 30 artists. The event includes 28 temporary and permanent light art installations, some of which are located around the airport. The festival will be held from Thanksgiving to New Year’s Day. Enjoying these sculptures is free (with a few exceptions for the airport light sculptures), and attendees can experience light art tours, nighttime neighborhood walks, and artist talks. Illuminate San Francisco

When cooking the turkey, a great way to ensure it’s cooked inside and out is using a food thermometer. Never handle cooked and raw food together to avoid any risk of salmonella. As an extra precaution, cook all stuffing contents before placing them in the turkey.

The fall season is also prime flu season, so be sure to wash your hands before and after cooking. Be sure to eat leftovers within three days, and put them in the freezer if they need to be preserved longer. Before your post-feast nap, be sure to double-check that all kitchen appliances are turned off and sharp objects are put away. These kitchen safety tips aren’t just Thanksgiving-specific; safety should be practiced all year round! For more

helpful tips, head to NFPA.org .

Turkey Sandwich

Lighted Boat Parade

Don’t miss dozens of local sailors illuminating the waters along the Sausalito waterfront at the Lighted Boat Parade and Fireworks show! The parade will travel along the shoreline of the Spinnaker, Sausalito Yacht Club, and the ferry landing. While tickets to ride aboard the boats in the parade are sold out, watching the parade and experiencing the wondrous display from the shore is totally free!

Find out more about what the city is offering this holiday season at SFTourismTips.com !

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Inside This Issue

How AB5 Will Affect California’s Gig-Economy

The 1995 Rugby World Cup

Staying Safe This Thanksgiving

The Best Leftover Turkey Sandwich

Winter Events Perfect for the Whole Family!

The Legend of Sergeant Reckless

The Greatest American War Horse The Legend of Sergeant Reckless

Animals have acted as companions to humankind for thousands of

bonded so deeply with them that Reckless would go anywhere and do anything to help her adopted family.”

years. They’re a near-constant source of companionship, comfort, and aid. Unfortunately, military animals don’t often get the recognition they deserve. One horse, in particular, was essential to the success of her regiment during the Korean War. Meet Sergeant Reckless. Bought for $250 in 1952 by a U.S. Marine Corps lieutenant at a Seoul racetrack, Sergeant Reckless was trained to carry ammunition for the 5th Marine Regiment. Her name was a play on the “recoilless” rifle ammunition she carried and a nod to the daredevil attitude of the soldiers who used them. Reckless was pivotal for her

Sergeant Reckless’ greatest achievement occurred during the final stages of the Battle for Outpost Vegas. During the bloody five-day campaign, Reckless made 51 trips to resupply guns over the course of a single day. By the end of the battle, she had carried 386 rounds of ammunition by walking 35 miles through rice paddies and mountain trails. After dropping off the ammunition, Reckless would then bring wounded soldiers back to safety. Reckless was trained to lie down when under fire and avoid barbed wire, and her ability to do so without needing human command saved many lives during the battle.

Reckless would close out her war career with two Purple Hearts and the rank of staff sergeant. She spent the rest of her years at Camp Pendleton in California. To learn more about this legendary mare, be sure to check out “Sgt. Reckless: America’s War Horse” by Robin Hutton.

regiment in more ways than one. As Robin Hutton notes in her book “Sgt. Reckless: America’s War Horse,” “Because horses are ‘herd’ animals, the Marines became her herd. She

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