The change seems immaterial to me except that it’s much clearer. The article author injects a social justice angle without describing any specific impact.
Who is really affected by this? Any concrete examples?
FedEx, UPS, Amazon Logistics, basically every delivery company. Everyone in delivery these days is an "independent contractor" with no control over their route or hours, working for a business that does nothing but deliveries.
FedEx, UPS, Amazon Logistics, basically every delivery company.
I don't know about the rest of them, but your information is totally wrong about UPS. The "delivery" people are most definitely employees. Union employees, Teamsters in fact. Which means that UPS doesn't get to push them around all that easily. But which also means that the relationship is occasionally more confrontational than it should be.
Interestingly enough, at least around here, UPS is also the best delivery company. Decent prices, can get daily pickups, delivers on time, drives a company truck.
Half the time with FedEx you have no idea why a random truck is stopping to drop off a package. We also at my office always have to call them to do any pickup, the UPS guy just grabs outgoing when it delivers the incoming.
The material part is that it's clearer. That means most such decisions don't require litigation. The result will be that blatant violations of the law get resolved fast.
Not exactly. The prior test used in California already looked at who had the right to control or direct the work of the putative contractor. The new test requires the company to prove that it does not fundamentally control or direct the performance of work, as well as prove that the other 2 factors of the ABC test also do not apply.
Who is really affected by this? Any concrete examples?