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Barbershop Workers Leave After California Supreme Court Ruling

Discussion in 'The War Room' started by Lord Coke, Sep 11, 2018.

  1. Lord Coke Red Belt

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    I originally thought this ruling was a good thing when it came down because Uber drivers will get some help most likely. I didn't even think about Barbers losing their jobs over this ruling. What do you guys think overall is this ruling good or bad for CA



    https://sacramento.cbslocal.com/2018/09/07/sacramento-barbershop-california-supreme-court/

     
  2. lilelvis Black Belt Platinum Member

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    The "Gig" economy has been growing since the '08 meltdown. Personally, I think it is a good thing for independent types and there are still "jobs" for those that prefer a safer path. I'm not sure if the ruling will be good or bad for Cali, but always lean toward less government. Transactions of free will, let em bang....
     
  3. JamesRussler You can call me Jimmy Banned

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    I haven't read the decision or analyzed the issue thoroughly, but I do see why it would be unfair to let businesses act like employers while avoiding responsibility by classifying their employees as "independent contractors." We see similar things happen with UFC, with the company using its massive power advantage to basically run fighters' lives.

    But yeah, I'm sure this ruling will affect lots of businesses, and not always for the better. The haircut industry will survive.
     
  4. Gregolian .45 ACP Platinum Member

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    So, I'm kind of lost.

    Don't most barbers set their own hours and just rent a chair from the guy that owns the shop?
     
  5. PolishHeadlock Putin Belt Banned

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    I said when this happened that if an Uber Driver is not an independent contractor I'm not sure who is.

    Bad ruling
     
  6. PolishHeadlock Putin Belt Banned

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    Not much different than Uber
     
  7. method115 Titanium Belt

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    Yep my brother in law does it like this. He actually had to move because a drug dealer purchased the shop and started selling out of it.
     
  8. Lord Coke Red Belt

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    Ya but the new test is you have to fulfill all three prong to be a IC. Barber fail b and c

    (A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact;

    (B) that the worker performs work that is outside the usual course of the hiring entity’s business; and

    (C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.

    edit sorry I see what you are saying. I think if you just rent the chair and are not taking money from the barber you might be okay @JamesRussler what do you think. I am not sure now.
     
  9. Trotsky Steel Belt

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    It's been obvious for quite some time that bending the law to the employee/independent contractor paradigm is increasingly problematic. A class between them ("dependent contractor" has gotten some traction IIRC), that separates gig economy workers, and in this case barbers, from traditional contractors, should be considered.
     
  10. Gregolian .45 ACP Platinum Member

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    Jeez
     
  11. all caps Gold Belt

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    So will WWE no longer be having shows in front of dead crowds in California now?
     
  12. Cubo de Sangre President of the War Room

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    [​IMG]
     
  13. Amerikuracana Plutonium Belt

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    There has to be a way a person can rent space in a barber shop. I mean, I guess these people are going to have to file LLCs, and become their own business, and then enter in a contractual relationship with the owner in some different fashion? You can't make things like that illegal across the board, even though I understand the abuse of the "independent contractor" status by many employers.
     
  14. HunterSdVa29 Respect, tho Platinum Member

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    aren't UFC fighters independent contractors?
     
  15. irish_thug Meme Mod Staff Member Senior Moderator

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    I don't care about barbers. How does this affect strippers?
     
  16. ToxicShocker Red Belt

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    I might be oversimplifying but B is not an issue. You don't go to a barbershop to get your hair cut, you go to a barber. The primary business is renting chairs, and the customer conducts biz with the lessee.
     
  17. Fedorable Continues without supporting Sherdog.

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    I stopped watching wrestling back in 2002-ish but I still use wrestling as a metaphor or example for a lot of things. First thing I thought of was WWE as private contractors and the insurance issue. Some industries this will help and others it will hurt.

    My uncle has a business and he has had up to 15 private contractors working for him. He gets them work and they pay him 15% of what they make. Without him they would spend half their time or more just finding work. He also pays a separate guy to design the work for them. There's a showroom, but all of his guys work from their own homes and trucks and have no home base.


    He's not in California, but I wonder how this would effect his business. His top guys make up to 180,000.-- a year so they can afford their own insurance.
     
  18. Fawlty Memesy were the borogroves Platinum Member

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    I wonder if this would apply to web development, or other work done away from a firm's physical location.
     
  19. JamesRussler You can call me Jimmy Banned

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    Not saying this ruling is correct, but what about Uber drivers makes them independent contractors? If all the drivers quit, Uber immediately has nothing to sell. When I think of IC's, I think of the IT guy, or the accountant. You call 'em when you need 'em, and if they can't do it, business continues until you find another one.
     
  20. JamesRussler You can call me Jimmy Banned

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    It seems that this test they announced sweeps pretty broadly. Obviously if it categorically lumps barbers and tattoo artists in with Uber drivers, there's something wrong with it. But here, it looks like the Court actually wanted "to create a simpler, clearer test for determining whether the worker is an employee or an independent contractor . . . and place[ ] the burden on the hirer" to prove an IC relationship. This is what happens.
     

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