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Author Topic: Will the new US labor rules, change Microstock?  (Read 642 times)

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Uncle Pete

  • Great Place by a Great Lake - My Home Port
« on: February 29, 2024, 18:19 »
+1
The new rules, set to go into effect on March 11th, redefine the classification of workers, particularly in the gig economy, as employees rather than independent contractors. This move, while intended to provide greater protections and benefits to workers, has raised concerns about its potential impact on businesses and the broader economy.

https://www.dol.gov/newsroom/releases/whd/whd20240109-1#:~:text=The%20rule%20addresses%20six%20factors%20that%20guide%20the,a%20factor%20regarding%20the%20worker%E2%80%99s%20skill%20and%20initiative.

The new independent contractor rule restores the multifactor analysis used by courts for decades, ensuring that all relevant factors are analyzed to determine whether a worker is an employee or an independent contractor. The rule addresses six factors that guide the analysis of a workers relationship with an employer, including any opportunity for profit or loss a worker might have; the financial stake and nature of any resources a worker has invested in the work; the degree of permanence of the work relationship; the degree of control an employer has over the persons work; whether the work the person does is essential to the employers business; and a factor regarding the workers skill and initiative.



« Reply #1 on: March 01, 2024, 04:24 »
+2
lol, interesting & funny too, especially the "stakeholder" language (aka treating gig ppl as cattle/etc, different story, read up on the wef for that).

1.  It's a good opportunity for lawyers to get rich.
2.  Quickly read through some of the details of these new "monopoly" game rules. It's "murky" and I suppose could be argued either way for microstock contributor, I'm not sure a sweeping generalization could be made, and it would almost need to be on a case by case basis, unless of course microstock contributors got together to push for one categorization or anything.
 
(a) (FAQ #13) Some microstockers use social media to augment their sales (i.e., youtube/twitter/etc) - which do influence sales - therefore entrepreneurial. However, those that don't and simply contribute could be argued to be 'employees'.
(b) (FAQ #14) Again, could be argued either way that things like cameras, using "ai" tools, etc, etc are either conditions unilaterally imposed by the 'employer' - or - they do in fact give an individual a competitive advantage (aka entrepreneurial) if they are say using an iphone, vs a high end dslr, vs say "ai/theft" based tools. (Faq #14)
(c) (FAQ #15) "Royalty income" is not the same as a "continuous working relationship". I.e., one can decide tommorow that they don't want to submit new assets. Now of course with the massive (east indian get rich quick) spamming, that could affect long term sales - in which case it could be argued that it needs to be a "continous working relationship" (i.e., by continuously submitting new assets to maintain a similar level of income, in order to counteract the eastindian get rich quick/spam) in order to maintain the same level of income. I suppose one would then need to argue whether the assets produced are 'commodoties' (i.e., 5000 pictures of bananas) - or if it unique content (i.e., "editorial"), the latter which could have higher sustainable long term royalty income.
(d) (FAQ #16, #17 & #18). This would actually point to a contributor as being an indepedent contractor, because for the most part they do bring specialized skills, and the "employer" (aka marketplace for selling assets) - while they do exercise control n terms of say royalty payout schedules, they do not limit to whom you can submit to (unless of course it was an 'exclusive' relationship - but then that is a little murky, because would need to be reviewed on a case by case basis). But if they are just like a monkey pushing a button 'click click click' with "ai" tools - then that is not necessarily specialized skills and could be argued to be an "employee". (But then again, it would depend on the content... Some "ai" prompts require creativity, which then is specialized skill - as opposed to monkey ppl who submit 5,000 images of bananas... so it might apply more to the banana spammers).

So, lol... It really depends on whom "argues" the best here, and unless it was done for a massive classification of microstockers in general - I'd say it would be on a case by case basis.

What is written seems to be designed more for:
a) Sites like upwork, or fiver.com, 99designs, where people hire "virtual assistants", as well as "hire your own filipino cheap" type of sites. That is a continous 'working' relationship, which many times does require "training", and if there is exclusivity - would be more like an 'employee' status. Of course, one-off projects would not constitute that under these monopoly game rules - although that type of thing might be imposed on "gig" relationships if the "gigger" was using those sites as a primary source of income and not doing any marketing/sales outside of that "relationship". In which case, I'd say upwork/fivver/etc would simply offset any potential costs to either the 'gigger' or the one providing the gig.
b) It could also be applied to things like "uber" driving, "door dash", etc, because driving is not (really) a "specialized skill", the driver is dependent on uber for "new work", does not have a say (too much) into how much they make, etc.

A deeper look into this is it really actually seems designed to protect "aslyum seekers", "new immigrants", i.e., east indians, fillipinos, somalians, (recent) latinos, etc that would more likely be partake in those types of jobs. It does not really seem to apply to microstockers. It does not really seem to protect born & bred americans - but rather panders/caters to what has generally been considered "3rd world country" people. Probably in line with the WEF/UN's goals of trying to make people poor, and make one rich super class.

For microstock contributors - I'd say there are too many variables to make a sweeping categorization, so my net takeaway from reviewing this - no, I do not believe it would change microstock in terms of 'labor' rules. It's just designed to protect 3rd world country people using "outsourcing" sites.
« Last Edit: March 01, 2024, 04:35 by SuperPhoto »

Uncle Pete

  • Great Place by a Great Lake - My Home Port
« Reply #2 on: March 01, 2024, 11:16 »
0
I don't know about all the third world parts and I doubt that this will change Microstock, but it was an interesting and very distant thought.

All those clauses and conditions?

One place I work, pays us on a day rate, then keeps track of the hours, because they want to prove to the state, that they are paying more than minimum wage. Some way for them not to pay us hourly, for some reason? That could change. I'll be watching. But I'm not sure that it will change anything for the better. We are independent contractors, all of us workers. Will there be staffing cuts, to save the added expense? Then who gains?

« Reply #3 on: March 01, 2024, 15:55 »
0
a) I've found some companies that do what you are describing is simply so they don't "have" to pay benefits, and/or a pension fund/etc. "Hourly" would be like an employee type relationship, whereas a day rate could be considered an independent contractor. And yes, makes sense they'd keep track then, because then they could argue and say its not just simply minimim wage day labor.

b) Various companies are systematically being targeted. Part of what really happened last 4 years (with convid) was designed to try and close small businesses and transfer customers/etc to bigbox retailers (absolutely nothing to do with a "magicalvirus" - ppl got sick from the masks/tests/etc, not something 'floating' in the air). Some of the big box retailers were ones like costco, walmart, etc. If you 'follow the money' - you find the big box retailers/big box companies are owned (stocks) by vanguard/statestreet/the wellignton group. These are in turn 'owned' by a small group of people, look up something called "alladin" (by blackrock). If I recall - they have "10 trillion" in assets under management. What it really comes down to is "control", and trying to make a rich superclass and a super poor class, attacking the middle class. That is part of the real "war" that is actually going on.

So looking at this new 'legislature' - it seems designed to target specific types of business - very specifically anyone engaged in a "virtual assistant" type of relationship. While there are americans that do that (i.e., writing services, phone answering services, etc) - from experience, it seems primarily from what were traditionally considered 3rd world countries.

And bigger picture - part of the reason people "find times tougher" - is because of the manufactured/deliberately created "inflation". When you start doing massive money printing, (i.e., under the guise of 'saveukraine', or 'stimus cheques'/etc) - it is a bit of a shell game that decreases the nominal value of wages/salaries/etc.

Also - from a larger "business" perspective - they don't look @ employees the same way employees look at themselves. Employees (in general) are looked at as essentially as replaceable car parts. The "car" is the business, the "employees" are the car parts. If some employees aren't working out, there is a cost to replace them (i.e., the car parts) to keep the car running.

« Reply #4 on: March 01, 2024, 16:28 »
0
Here is a pitch to be an independent contractor-- notice how the conclusion wipes out almost everything they stated?

Benefits of Being an Independent Contractor
1. Contractors Are Their Bosses

Contractor work is excellent for people who want to be their boss. Without a boss or supervisor, contractors have more freedom to run their businesses and decide how to perform the work. Contractors can work from home or work while traveling. Business can be conducted on the beach on a laptop instead of a cubicle.

Independence can have drawbacks. Contractual work may not be suited for people who enjoy working in large groups and getting feedback from supervisors. For self-starters with discipline, independent contracting can be rewarding.
2. More Time Off

Employees are generally bound by their employment agreement to work for one company and to follow the policies set by the company, including attendance policies which dictate where and when the employee must be and how they must seek permission to take time off. Some systems require approval, for example, while other companies have a cap on how much time off can be taken per year. There may even be a "use it or lose it" policy that causes unused time off to be erased and not paid out at the end of each fiscal year.

There is no guarantee that employees can take time off. In some countries, such as the United States, there is no legally mandated amount of time off that employers must provide employees in most cases. Employees in the United States may have no paid time off, including annual leave, maternity leave, sick leave, bereavement leave, and other kinds of leave that countries around the world provide for their employees. Contractors can suspend their activities for as long as they want and do not have to adhere to any system that dictates how much time off they can take or when they can take it.
3. Better Work/Life Balance

Working as an employee at an office means getting up early and making a long drive to work. Independent contractors working at home on their computers dont have to worry about commuting, giving them more time to be with their families. Working at home allows a parent to supervise their kids and be with them throughout the day. Thanks to short-term contracts, contractors can adjust their calendars to work around life events such as weddings or unexpected emergencies.

Contractual work can be temporary, or the contract could be for a short duration. This means a contractor may choose not to renew the contract, or they may choose to take time off between contracts. Though this time off is without pay, contractors can take vacations and time off for other reasons without worrying they will lose their livelihood. This can lead to a much better work/life balance.
4. More Financial Control

Employees' wages are generally lower than what a contractor can charge for similar work. This is because payments and deductions are taken out of employee paychecks. Employees also dont have the ability to choose how much more they will make each year and are limited to whatever the employer decides to give them after performance reviews.

Contractors dont have annual performance reviews and can decide to raise their rates. This can be especially beneficial in times of high inflation. Employees have little control over their income. After negotiation, the employer sets the wage and does not raise the wage. Contractors have full control of their prices.
5. A Potentially Larger Income

In addition to setting their price for their labor and possibly making more income, there are always fewer, if any, deductions from their income. Contractors do not have their payments deducted to pay for the benefits, resulting in higher invoice payments.

There are certain tax benefits to being an independent contractor as well. Contractors do not have income taxes withheld and do not have contributions made to tax-funded programs such as unemployment insurance and workers compensation. Employees may be provided health insurance by their employer,, but the employees pay for it by having a percentage of their income deducted. Some of the employees' paychecks pay for insurance, such as unemployment insurance. Those are payments that contractors do not have to make.

Conclusion

Hiring independent contractors is also not without its risks and drawbacks. There may be no steady income nor job security as there would be as a payroll employee. They cannot receive promotions or bonuses, and if their rates rise too much, they may see a reduction in active clients. Unemployment insurance is not provided and there is no compensation if there is a lack of work. Health insurance, dental insurance, vision insurance, and more will also need to be paid out of pocket, which can be more expensive compared to insurance plans offered through an employer. Further, independent contractors do not have income tax withheld, which means they must pay income tax on their own and make quarterly estimated tax payments.


 

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