Community

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

2 years 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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Bay Area

Glydways Breaking Ground on 14-Acre Demonstration Facility at Hilltop Mall

Glydways has been testing its technology at CCTA’s GoMentum Station in Concord for several years. The company plans to install an ambitious 28-mile Autonomous Transit Network in East Contra Costa County. The new Richmond facility will be strategically positioned near that project, according to Glydways.

Published

2 days ago

December 24, 2024

Oakland Post

Image of planned Richmond facility courtesy of Glydways.

The Richmond Standard

Glydways, developer of microtransit systems using autonomous, small-scale vehicles, is breaking ground on a 14-acre Development and Demonstration Facility at the former Hilltop Mall property in Richmond, the Contra Costa Transportation Authority (CCTA) reported on social media.

Glydways, which released a statement announcing the project Monday, is using the site while the mall property undergoes a larger redevelopment.

“In the interim, Glydways will use a portion of the property to showcase its technology and conduct safety and reliability testing,” the company said.

The new Richmond development hub will include “over a mile of dedicated test track, enabling Glydways to refine its solutions in a controlled environment while simulating real-world conditions,” the company said.

Visitors to the facility will be able to experience on-demand travel, explore the control center and visit a showroom featuring virtual reality demonstrations of Glydways projects worldwide.

The hub will also house a 13,000-square-foot maintenance and storage facility to service the growing fleet of Glydcars.

“With this new facility [at the former Hilltop Mall property], we’re giving the public a glimpse of the future, where people can experience ultra-quiet, on-demand transit—just like hailing a rideshare, but with the reliability and affordability of public transit,” said Tim Haile, executive director of CCTA.

Janet Galvez, vice president and investment officer at Prologis, owner of the Hilltop Mall property, said her company is “thrilled” to provide space for Glydways and is continuing to work with the city on future redevelopment plans for the broader mall property.

Richmond City Manager Shasa Curl added that Glydways’ presence “will not only help test new transit solutions but also activate the former Mall site while preparation and finalization of the Hilltop Horizon Specific Plan is underway.

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Alameda County

Last City Council Meeting of the Year Ends on Sour Note with Big Budget Cuts

In a five to one vote, with Councilmembers Carroll Fife and Janani Ramachandran excused, the council passed a plan aimed at balancing the $130 million deficit the city is facing. Noel Gallo voted against the plan, previously citing concerns over public safety cuts, while Nikki Fortunato-Bas, Treva Reid, Rebecca Kaplan, Kevin Jenkins, and Dan Kalb voted in agreement with the plan.

Published

2 days ago

December 24, 2024

Oakland Post

Oakland City Council voted on a plan to balance the $130 million deficit at their last regular meeting of 2024. The plan reduces police spending by $25 million, temporarily closes two fire stations, and guts the cultural arts programs. iStock photo.

By Magaly Muñoz

In the last lengthy Tuesday meeting of the Oakland City Council for 2024, residents expressed strong opposition to the much needed budget cuts before a change in leadership was finalized with the certification of election results.

Oakland police and fire departments, the ambassador program, and city arts and culture will all see significant cuts over the course of two phases.

Phase 1 will eliminate two police academies, brown out two fire stations, eliminate the ambassador program, and reduce police overtime by nearly $25 million. These, with several other cuts across departments, aim to save the city $60 million. In addition, the council simultaneously approved to transfer restricted funds into its general purpose fund, amounting to over $40 million.

Phase 2 includes additional fire station brownouts and the elimination of 91 jobs, aiming to recover almost $16 million in order to balance the rest of the budget.

Several organizations and residents spoke out at the meeting in hopes of swaying the council to not make cuts to their programs.

East Oakland Senior Center volunteers and members, and homeless advocates, filled the plaza just outside of City Hall with rallies to show their disapproval of the new budget plan. Senior residents told the council to “remember that you’ll get old too” and that disturbing their resources will only bring problems for an already struggling community.

While city staff announced that there would not be complete cuts to senior center facilities, there would be significant reductions to staff and possibly inter-program services down the line.

Exiting council member and interim mayor Bas told the public that she is still hopeful that the one-time $125 million Coliseum sale deal will proceed in the near future so that the city would not have to continue with drastic cuts. The deal was intended to save the city for fiscal year 2024-25, but a hold up at the county level has paused any progress and therefore millions of dollars in funds Oakland desperately needs.

The Coliseum sale has been a contentious one. Residents and city leaders were originally against using the deal as a way to balance the budget, citing doubts about the sellers, the African American Sports and Entertainment Group’s (AASEG), ability to complete the deal. Council members Reid, Ramachandran, and Gallo have called several emergency meetings to understand where the first installments of the sale are, with little to no answers.

Bas added that as the new Alameda County Supervisor for D5, a position she starts in a few weeks, she will do everything in her power to push the Coliseum sale along.

The city is also considering a sales tax measure to put on the special election ballot on April 15, 2025, which will also serve as an election to fill the now vacant D2 and mayor positions. The tax increase would raise approximately $29 million annually for Oakland, allowing the city to gain much-needed revenue for the next two-year budget.

The council will discuss the possible sales tax measure on January 9.

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Activism

Living His Legacy: The Late Oscar Wright’s “Village” Vows to Inherit Activist’s Commitment to Education

Kingmakers of Oakland (KOO), a nonprofit organization that works to improve educational and life outcomes for Black boys and men, stated that “Oscar Wright is one of the most prolific, consistent, and committed advocates of equity for Black students and Black Families here in Oakland for the past six decades.”

Published

2 days ago

December 24, 2024

Oakland Post

Oscar Carl Wright, 101, who passed away on Nov. 18, was still involved in Oakland’s educational affairs until his death.

By Antonio‌ ‌Ray‌ ‌Harvey‌, California‌ ‌Black‌ ‌Media‌

Activists mourning Oscar Carl Wright’s death, have pledged to continue his lifelong mission of advocating for Black students and families in Northern California.

Wright, 101, who passed away on Nov. 18, was involved in Oakland’s educational affairs until his death.

Now, friends and admirers acknowledge that carrying on his legacy means doubling down on the unfinished work that Wright dedicated his life, time, and resources to, according to Y’Anad Burrell, a family friend and founder of San Francisco-based Glass House Communications (GHC).

“Mr. Wright did a lot of work around equity, specifically, for Black students based on their needs — whether it was tutoring, passing classes, or graduating,” Burrell said.

Wright became a champion for his children’s education, recognizing the disparities between their school experiences and his own upbringing in the Mississippi Delta.

Burrell told California Black Media (CBM) that the crisis of unequal access to resources and a quality education continues to affect the Oakland Unified School District (OUSD).

According to Oakland Reach, in the city of Oakland, only 3 in 10 Black and Brown students are reading at or above grade level. In addition, only 1 in 10 are doing math at or above grade level.

Oakland REACH is a parent-run, parent-led organization. It aims to empowers families from the most underserved communities to demand high-quality schools for their children.

Wright’s work as an activist had impact across the state but he was primarily known in the Bay Area. Alongside the Black United Front for Educational Reform (BUFER), he filed a complaint against OUSD for violating the Civil Rights Act of 1964.

In 2000, the OUSD school board proposed an action plan to address educational inequity, but it was never implemented.

Wright later founded the African American Honor Roll Celebration at Acts Full Gospel Church, an award that recognizes Black students with a grade point average of 3.0 or better.  Each year, more than 1,000 students are honored at this ceremony.

Burrell said that one of the main reasons Wright’s work was so essential for families and children in Oakland that is the direct relationship between acquiring a quality education and affording quality housing, maintaining food security, achieving mental wellness, and securing stable employment.

Wright was the child of sharecroppers from Coahoma County, Mississippi. He attended Alcorn State University, a Historically Black College and University (HBCU).

In the late 1950s, Wright and his family relocated to the Bay Area where he worked as a contractor and civil engineer. He later became an active member of the National Association for the Advancement of Colored People (NAACP).

Burrell said the people who will carry on Wright’s work are part of a “village” that includes KOO’s CEO Chris Chatmon.  Wright was a mentor to Chatmon.

“It will not be one entity, one person, or one organization that picks up the baton because it was a village effort that worked alongside Mr. Wright for all these years,” Burrell said.

Burell says that legacy will live on.