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Updated Wednesday, June 14, 2017 -- 4:57 pm EDT

State Labor Judge Finds Uber an Employer

    State labor judge finds Uber an 'employer'

By DANA RUBINSTEIN 

06/13/2017 05:18 PM EDT

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In a big win for driver advocates that could have cascading effects for Uber in New York State, a New York administrative law judge has found that three Uber drivers and their "similarly situated" colleagues in New York City are employees under state labor law.

What that means, in practice, is that a state judge believes Uber must provide unemployment insurance for the three Uber drivers named in the case, as well as an indeterminate number of "similarly situated" drivers in New York City.

The judge does not define what "similarly situated" means, but advocates believe it applies to all Uber drivers in New York City. Uber is certain to contest that.

In her opinion, administrative law judge Michelle Burrowes writes that the "the overriding evidence establishes that Uber exercised sufficient supervision, direction, and control" over enough aspects of the three drivers to create an "employer-employee relationship."

"I, conclude, therefore, that the claimants, and others similarly situated, are/were employees of the employer, Uber," she writes.

New York Taxi Workers Alliance executive director Bhairavi Desai said, “The message here is simple: If you're going to control the workers to maximize your profits off their labor, you owe them their rights and benefits under the law."

The case, brought by the Taxi Workers Alliance and Brooklyn Legal Services, was first reported by POLITICO New York. It is one of a series of legal challenges Uber is battling across the country and the world as it tries to avoid having to pay for the sort of benefits employers provide.

"This is an extremely important decision," said Nicole Salk, of Brooklyn Legal Services. "It is the first unemployment insurance benefits decision, after a full hearing, regarding Uber drivers in New York State."

"Now Uber will have to make unemployment contributions to the state for these workers," she added, "and we believe it owes the state contributions for every Uber driver."

The company now has 20 days to appeal Burrowes' decision to a higher level of the Unemployment Insurance Appeal Board, after which it can contest the case in a state appeals court.

It has every intention of appealing.

"We are immediately requesting a new hearing and appealing this decision," said Uber spokesman Josh Gold. "We are confident we will prevail — the Department of Labor has already ruled that several drivers are independent contractors and a Federal Court has deemed all black car drivers to be independent contractors."

Thursday, February 16, 2017 -- 5:12 pm EST

Connecticut to Hold Public Hearing on Raising Minimum Wage

On February 16, 2017, the General Assembly of the State of Connecticut will hold a public hearing on two minimum wage bills. The bills, S.B. 13 and H.B. 6208, both seek to increase the minimum wage to $11.00 beginning in January 2018 with increases of $1 per year until it reaches $15.00. 

Link

Updated Thursday, February 16, 2017 -- 5:06 pm EST

New Jersey Bill to Change "Unemployment Compensation Law" For Operators of Certain Motor Vehicles

New Jersey Bill S-121 seeks to eliminate the existing exemption from unemployment taxes for owner operated trucks of 9 tons of more who are paid by the load or similar compensation. A hearing is pending for approval of this Bill. To learn more about S-121, please click on the link provided.

Link

Thursday, February 16, 2017 -- 4:59 pm EST

Governor Christie Signs New Law Permitting Couriers to Deliver Lottery Tickets

On February 6, 2017, Governor Christie signed a new law (S-2370) that permits New Jersey residents to hire a courier to deliver New Jersey lottery tickets to their homes. This law may create a new business opportunity for New Jersey members.  

Link

Thursday, February 16, 2017 -- 5:43 pm EST

New Jersey Raises Minimum Wage Rate to $8.44 Per Hour

Effective January 1, 2017 the minimum wage rate in New Jersey is $8.44 per hour.

 

Please click on the link below to be directed to the New Jersey Department of Labor and Workforce Development website for full details

Link

Updated Wednesday, November 2, 2016 -- 12:54 pm EDT

Annual Holiday Networking Event

NYSMCA cordially invites you to attend its  Annual Holiday Networking Event on Thursday, December 15, 2016 at Lexington's Cocktail and Liquor Bar, located at 130 East 39th Street, NYC 10016. 

Your fun filled evening includes:

A three hour hosted bar with passed hot hors d'oeuvres at Lexingtson's Cocktail and Liquor Bar. 

Celebrate the holiday season and network with your colleagues wile enjoying our private bar in our private room. 

Come join us between 6:00 p.m. - 9:00 p.m. for a great time!

$110 per member, $160 per non-member

Tuesday, July 19, 2016 -- 5:38 pm EDT

Membership Benefit

NYSMCA Member Benefit

 

 

The NewYork Yankees are pleased to offer the members of the New York State Messenger and Courier Association the opportunity to attend Yankees home games for special prices.  

 

Please click the link below to be forwarded to the discounted Yankee ticket page.

 

10% Discount Games - Save 10 percent off for these designated games!

July 15, 2016 vs. Boston
July 19th, 2016 vs. Baltimore
August 3rd, 2016 vs. New York NL
September 13th, 2016 vs. Los Angeles NL

October 2, 2016 vs. Baltimore

 

25% Discount Games - Save 25 percent off for these designated games!

July 17th, 2016 vs. Boston
July 24th, 2016 vs. San Francisco
August 4th, 2016 vs. New York NL
August 14th, 2016vs. Tampa Bay
September 8th 2016 vs. Tampa Bay


50% Discount Games - Save 50 percent off for these designated games!

 

July 20th, 2016 vs. Baltimore
July 22nd, 2016 vs. San Francisco
August 5th, 2016 vs. Cleveland
August 12th, 2016 vs. Tampa Bay
August 17th, 2016 vs. Toronto    
August 26th, 2016 vs. Baltimore
September 9th, 2016 vs. Tampa Bay

 

CLICK HERE FOR NYSMCA  DISCOUNTED YANKEE TICKETS

 

Promo Code:MCA16

 

With this personal website you are able to access discounted tickets ranging from 10% to 50% off the individual game advance price. Simply choose you game(s), enter the promotional code, pick your seats and enjoy the game.

 

 


Wednesday, February 17, 2016 -- 4:22 pm EST

Uber is Destroying the Bike Messenger

UberEats is Stealing Business from the Bike Messenger

UberEats is the lunchtime meal-delivery service that Uber launched in Manhattan last spring.  It is a courier-service app for businesses and consumers.

Click the link below to learn more about how UberEats is affecting the Bike Messenger industry.

Link

Updated Thursday, January 15, 2015 -- 2:54 pm EST

NYSMCA Announcement - "Free" Member Benefit

The New York State Messenger and Courier Association is pleased to announce that RJP Labor Consultants, LLC has been retained to provide labor consultation and advisement on New York State wage and hour related issues, legislation and new programs to our Association and its members.  RJP Labor Consultants, LLC’s President, Richard J. Polsinello will be the main contact for NYSMCA members.
 
Mr. Polsinello had a distinguished 36-year career at the New York State Department of Labor and was the Director of Labor Standards  for almost 15 years;  being responsible for the administration and enforcement of  Labor Laws, including those regulating hours of work, wage payments and supplements, minimum wage, pay equity, child labor and migrant farm labor. 
 
He began private labor consulting in 2002 and has represented  the New York State Restaurant Association,  the Retail Council of New York State, the New York Hospitality & Tourism Association, private business clients, labor attorneys, non -profit organizations and governmental agencies.
 
Mr. Polsinello has been an expert witness before Congressional and New York State legislative committees, co-founded and then served as President of the Interstate Labor Standards Association, a coalition of all state Labor Standards departments in the United States and was elected to be an honorary member of that association after  his retirement from the New York State Labor Department.
 
RJP Labor Consultants, LLC will provide the following services to NYSMCA and its members: (Please note your dues must be current to utilize these free labor consulting services)
  • Advise and provide information on New York State wage and hour related issues, legislation, programs and the like.
  • Upon request, attend and participate at NYSMCA meetings and /or Seminars.
  • Respond to phone calls/emails/correspondence from NYSMCA members on any labor standards issues or problems for a time not to exceed 30 minutes (per member) during the year at no charge.  
  • If desired by a member, RJP Labor Consultants, LLC may be retained into a private consultant contract to assist the member with a Federal and/ or State Audit, labor issues, problems, etc. and shall provide a 20 % discount from its normal hourly consultant’s rate.
Members may contact Richard Polsinello via telephone at 518-369-8737, by email at labrmon@gmail.com or at www.rjp-labormon.com.

Link

Updated Wednesday, February 19, 2014 -- 3:56 pm EST

Teamsters Joint Council 16 Applauds Governor Signing of NYS Commercial Goods Industry Fair Play Act

NEW YORK, Jan. 10, 2014 /PRNewswire-USNewswire/ -- Today, Teamsters Joint Council 16 expressed their thanks to Gov.  Andrew Cuomo for signing the New York State Commercial Goods Industry Fair Play Act (A5237B/S5867) and giving the Empire State the strongest worker misclassification legislation in the country. 

More than 120,000 New Yorkers are employed by the commercial trucking industry, and many have suffered loss of wages and financial difficulties due to misclassification. The Fair Play Act redefines the definition of an employee in the commercial trucking industry, protecting commercial goods transportation employees from being misclassified.
 
"Every year, states across the U.S. lose billions of dollars because of loss of revenue from income tax, unemployment insurance taxes and workers' compensation premiums due to worker misclassification," said George Miranda, President of Teamsters Joint Council 16. "Workers and contractors in the industry suffer because of lost wages and responsible businesses face unfair competition."
 
Joint Council 16 worked with the New York State Motor Truck Association to ensure that the Fair Play Act provides coverage for both employees of the commercial trucking industry and legitimate independent contractors. Their efforts received strong and unprecedented support from both houses of the New York State Legislature.
 
Under the new regulations, 28,000 truck drivers who are misclassified each year will be properly classified. This legislation comprehensively covers trucking companies in NYS including larger companies such as Fed Ex Ground and UPS.  The bill also includes historic levels of civil and criminal penalties against employers in the industry who purposely misclassify drivers.
 
"This legislation goes a long way in protecting the drivers, the industry and our economy," Miranda said. "That's how we will build a stronger middle class here in New York. We applaud the Governor's courageous decision and thank him, Assemblymember Keith Wright and Senator Diane Savino for making the commercial trucking industry a fair workplace."

Link

Updated Saturday, August 17, 2013 -- 9:00 am EDT

Transportation Fair Play Act Lobby Day

(Notice: New York State Business Council Announcement)

On Tuesday, June 4, 2013, The Business Council participated in a lobby day in Albany dedicated to educating state legislators and their staffs about the Transportation Industry Fair Play Act. This proposal, bill S.4589/A.5237, sponsored by Senator Diane Savino and Assemblyman Keith Wright, claims that there is widespread independent contractor misclassification abuse in our state’s truck transportation industry, and would subject the many independent truck owner-operators in the state to an unrealistic set of tests to keep their independent contractor status. The Business Council has opposed the Fair Play Act for several years.

More than fifty owner-operators, trucking company owners, independent contractors and trade association staff broke into four teams and together visited almost two dozen Senate and Assembly members with the message to leave these small businesses alone.

 The bill is currently on the Senate voting calendar and in the Assembly Labor Committee.

Link

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