Freelancers Bill of Rights summary

#FreelancersBILLofRIGHTS
 
 

DEFINITIONS

 
Active Time
 
Time within which work is done that starts at the point the task is being completed, and ends when the task is fully complete: This does not count travel time/mileage to/from the task destination(s). Active Time which does not include time waiting between gigs (on call/”on demand”) unless the company elects to
 
App company
 
A business that hires employees in order to provide branding and other perks, plus a digital application to manage dispatch in exchange for a middleman fee from each transaction between freelancers and/or customers or other parties involved; and the customers’ prices and/or workers’ rates are set for them (which exerts control).
 
Dependent Contractor
 
A freelancer who partners their own business with a middleman that establishes the prices/fares charged to customers and the rates paid to the freelancer for each transaction. The employer directs the freelancer’s activities either remotely or in person, can select or not select a them for work; reimburses them for travel expenses; pays wages including vacation pay and banked overtime; and the freelancer can not refuse directions from the employer, although they may refuse gigs (jobs) without penalty. The worker may benefit from the success of the company but may also share any risks with the company excluding the consequences of the employer’s financial failures. Training and work may be done remotely.
 
Employee
 
An employed worker by an employer who controls prices for their customers and employee pay, and provides reimbursements; equipment/tools/technology/vehicles; plus possibly licensing and insurance. This employer may directly (p2p) supervise the quality of the labor; maintain and enforce strict schedules; and penalize/restrict/reduce the worker’s shifts and/or terminate the contract on lawful terms that govern employees. This worker can not refuse directions from the employer, although they may refuse working with potential penalty from the employer. This employer pays wages/taxes/fees/fines according to local city/state/federal codes. The worker may benefit from the success of but shall not share any risks with the company excluding the consequences of the employer’s financial failures. Training and work may be done remotely.
 
Fare (Price)
 
The total price paid by a customer for a service/goods including all relevant fees and dynamic pricing, before a third-party business takes a cut.
 
Freelancer
 
A contractor, not an employee.
 
Independent Contractor
 
A self-employed freelancer who sells services and/or goods to their own clients or other businesses (b2b) without a middleman, and controls their own fare/prices.
 
Interdependent Contractor
 
A freelancer who partners their own business with a middleman that either establishes the prices/fares charged to customers and/or the rates paid to the freelancer for each transaction. The worker may benefit from the success of the company but shall not share any risks with the company including the consequences of the employer’s financial failures. All work and training is done remotely, not from the employer’s place of business.
 
Rates (Pay)
 
Rates are payments made by a third-party business after their cut from a fare that is paid to a contractor (which may include promos and incentives). Tips are separate and may not be applied to subsidize the rates on any freelancer contract.
 
Transport Network Company (TNC)
 
Rideshare app companies that use traditional vehicles to provide public transportation.
 

RIGHTS

 
All Freelancers
 
The right to:

  • permanent freelance classifications with consistent standards under all employment, labor, and tax laws
  • portable benefits; dollar for dollar savings accounts; and must be abled to not only opt into pay, but also abled to withdraw from UI, DI, SDI, & PFL

 
Independent Contractors
 
The right to:

  • be separate as a self-employed classification without interference or protection from politics

 
Interdependent/Dependent contractors
 
The right to:

  • elective government tax withholding
  • a contract with agreed wage/terms: The creation or use of a business entity, such as a corporation or a limited liability company, by an individual for the purpose of providing services does not, by itself, establish that the individual provides services as a freelancer
  • be paid on time
  • 150%×minimum wage÷60min/hr per minute for active time *excluding tips, compensations, bonuses ie referrals & rewards, and courtesy benefits*
  • prompt 24 hours (1 hour for apps) termination/deactivation appeal, dispute, & compensation for nonwork: Deactivations must be addressed & resolved with the worker within 25 HOURS/ONE HOUR by an agent with the company via recorded phone call or online chat (and made available to the individual), providing the worker with an opportunity for an appeal and immediate dispute or further investigation. If the deactivation is undone, the company must pay the respective state minimum wage to compensate for the hour (or more) the worker was unable to work without the worker having to request the payment.
  • compensation when there are unforeseen difficulties caused by a company or technical issues that prevent or delay the worker from completing or starting more tasks, including -and not limited to- lack of support service that prevents them from more work
  • instantly view earnings on their account after completing the gig
  • notification/dispute tip adjustments before they’re refunded to customer
  • 24/7 access to funds including when deactivated; no withdrawal limits
  • balance/bank transfer fee cap ($2.50?)
  • payment deadline: Pays the same day by 11:59pm as the work performed, including tips
  • no scheduling mandates: Refuse gigs/offers without penalty
  • paid training
  • no arbitration requirements
  • documentation/transparency for earnings
  • subcontractors
  • compensation for unforeseen difficulties caused by a company or technical issues that prevent or delay the worker from completing or starting more tasks, including and not limited to lack of support service that prevents them from more work
  • disputes investigations with representation by DOL/HWD

 
Dependent Contractors 
 
The right to:

  • Paid time off ie vacation pay
  • Reimbursement ie travel, lodging
  • paid background checks and tests if required by the company or by law

 
Interdependent Contractors 
 
The right to:

  • choice/decision making (when/how/where/date/time of day/# of hours/specific hours)
  • work/drive wherever it is legal
  • no control or direction of the worker in connection with the performance of the work, both under contract and in fact (supervising, attendance, uniforms, specific requests/clients)
  • training remotely
  • end a gig early without penalty
  • stop working any time without penalty
  • bring their own clients to the service
  • use multiple companies’ services simultaneously

 
Drivers (whom use their own vehicle)
 
The right to:

  • 3min/mi×(200%×minimum wage÷60min/hr)* + .$56/mi** per mile for active time* plus the IRS mileage reimbursement rate** per mile, including any additional active time (150%×mw÷60min/hr per minute), *excluding tips, compensations, bonuses ie referrals & rewards, and courtesy benefits*
  • advertise & solicit for themselves where it’s legal

 
Rideshare Drivers (whom use their own vehicle)
 
The right to:

  • 80% of the fare minimum
  • not be forced into cross-dispatch (vs elective)

 
National TNC Code for Company & Driver
 
Companies
 

  • must provide a process to report, track, and provide proof of discrimination of workers & customers. Companies shall not practice or permit discrimination based on color, disability, religion, sex/gender, or size/weight.
  • must provide the worker with leads, and possibly payment processing & insurance.
  • must provide a contract with the rate of pay to each worker that can only be updated with the knowledge and consent of the worker
  • may only terminate a worker’s contract for the following: theft; office or personally directed staff harassment; violence; threats of violence; vandalism; background checks; & cancellation rates more than 20%
  • must send a 1099 and MISC-1099 to each worker
  • may not force arbitration on workers nor customers without compensating for all legal & filing fees if the company is determined a guilty party of offense. (A transparent appeals process with periodic reviews of random cases needs to be reviewed by an unafiliated 3rd party ie US DOL.) Companies can’t file opposing legal claims unless ruled by an independent aribitrator or judge that the claims leveyed were not in good faith

 

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