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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Activism

Barbara Lee Launches Campaign for Mayor of Oakland

“At this critical moment, we must not be a city divided, but a community united,” she Lee. “If elected I will bring my hands-on leadership, new ideas and decades of experience in identifying billions in resources for our great city, so all residents and businesses are stronger and safer and our community has optimism and confidence in Oakland’s future.”

Published

2 days ago

January 8, 2025

Oakland Post

By Post Staff

Barbara Lee on Wednesday morning formally announced her candidacy for Mayor in Oakland’s April 15 special election.

“Time and time again, Oaklanders have faced our toughest obstacles by uniting to meet our challenges,” said Lee.

“At this critical moment, we must not be a city divided but a community united,” she said. “If elected, I will bring my hands-on leadership, new ideas, and decades of experience in identifying billions in resources for our great city so all residents and businesses are stronger and safer and our community has optimism and confidence in Oakland’s future.”

“As Mayor, I’ll address our homelessness crisis, prioritize comprehensive public safety and mental health services, and lead with fiscal responsibility to deliver the core City services residents and business owners deserve. Let’s do this – together.”

“I’ve never shied away from a challenge,” said Lee. “I’m always ready to fight for Oakland.”

Watch her campaign video here, which is online at BarbaraLee4Oakland.com

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Activism

Who Wants to Be the Next Elected Mayor of Oakland?

The Oakland Post is issuing a CALL to all candidates to present their answers, plans, or solutions in response to our list of questions.

Published

4 days ago

January 7, 2025

Oakland Post

An aerial view of the downtown Oakland skyline on a clear sunny day. The federal building and other iconic buildings fill the skyline. Photo: iStock.

By Paul Cobb

Many of you probably recall the oft-repeated expression when describing leadership that “many are called but few are chosen.” We will be inundated during January with many claims of qualifications by those who want to lead Oakland.

As of Jan. 1, 2025, we have heard the names of 14 potential candidates who might become Oakland’s next Mayor.

The Oakland Post is issuing a CALL to all candidates to present their answers, plans, or solutions in response to our list of questions.

Any candidate who wishes to receive a free announcement, publicity or space in the paper must submit solutions.

The first questions we propose are 1) What is your budget balancing plan?
What is your position on requiring all city employees to work full-time in their designated offices rather than remotely from their homes?
What is your plan to provide open-access opportunities to all police officers for overtime pay?
Since many businesses, especially downtown, have closed, what is your plan to attract and increase revenues?

Please send your submissions of 300 words or less to each question to Social@postnewsgroup.com or visit www.postnewsgroup.com

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Activism

Oakland NAACP President Stands on the Frontlines for Equity

With education as a cornerstone, Adams emphasized the importance of youth having access to quality kindergarten through 12th-grade education along with college or vocational programming beyond high school. “I feel that it’s so important for our children to get a good education in K-12th grade, along with the colleges of their choice, especially with the HBCU’s (Historically Black Colleges and Universities).”

Published

4 days ago

January 7, 2025

Oakland Post

NAACP Oakland President Cynthia Adams. Photo Courtesy of Cynthia Adams.

By Carla Thomas

For Cynthia Adams, president of the Oakland chapter of the NAACP, fighting for the rights of Black people comes naturally. With southern roots in Arkansas, Adams experienced firsthand the injustice and unfairness of racism.

“Growing up in the Jim Crow South, I experienced the unfair treatment of people of color and how faith can inspire communities to bring about positive and long-lasting change,” said Adams. Adams says a combination of her family and faith has kept her strong in the face of adversity and inspired her life’s work of advocacy.

Adams chose education as a career path — and a means to achieve equity and overcome racism. She earned her bachelor’s degree at the University of Arkansas at Pine Bluff and later received an advanced degree from California State East Bay.

Adams’ experience as an Oakland Unified School District (OUSD) recorder, a counselor, a researcher, and a college recruiter has allowed her to be laser-focused on youth. She also served as the chairperson for the Oakland NAACP youth.

“The mission of the National Association for the Advancement of Colored People is to ensure the political, educational, social, and economic equality of rights of all persons and to eliminate race-based discrimination. We want to ensure our citizens have equal rights and opportunities without discrimination based on race.”

As a partner with the State of California’s Stop the Hate campaign, Adams says the initiative is a step in the right direction. “It’s great that our governor and state created the Stop the Hate campaign and provides resources for victims of racism and other hate crimes,” said Adams. “The racism toward Black people has increased and our children are being targeted,” she continued.

“We, at the Oakland branch, created a declaration on racism that will amplify the needs of our community to combat racism,” continued Adams. “That declaration was adopted nationally.”

Bridging communities and collaborating is also a strategy for moving society toward justice, according to Adams.

“Through the NAACP, we build connections between communities and advocate for the rights of historically marginalized and oppressed individuals,” said Adams. “Collective action is the only way to advance civil rights and promote social equity.”

By taking stands on supporting former Oakland Police Chief LeRonne Armstrong to supporting the recall of a mayor faced with a scandal that brought negative national press to the city of Oakland, Adams has always demanded more for her people, and better for Oakland, the city she calls home.

She expressed pride in the national organization’s announcement of a $200 million fund designed to empower Black funders nationwide. “We all know the health of a community begins with economics,” said Adams.

Adams says that strengthening Black businesses automatically sustains a community. “We’ve also got to educate our community on opportunities and teach our children critical thinking so that they can provide the next generation of solutions for society,” said Adams.