Posts with «employment & career» label

New Department of Labor rule could reclassify countless gig workers as employees

The US Department of Labor (DOL) published a final rule to the Federal Register on Wednesday that would increase the difficulty of classifying workers as independent contractors. If the rule survives court challenges unscathed, it will replace a business-friendly Trump-era regulation that did the opposite. It’s scheduled to go into effect on March 11.

The new rule, first proposed in 2022, could have profound implications for companies like Uber and DoorDash that rely heavily on gig workers. It would mandate that workers who are “economically dependent” on a company be considered employees.

The rule restores a pre-Trump precedent of using six factors to determine workers’ classification. These include their opportunity for profit or loss, the financial stake and nature of resources the worker has invested in the work, the work relationship’s permanence, the employer’s degree of control over the person’s work, how essential the person’s work is to the employer’s business and the worker’s skill and initiative.

In its decision to publish the new guidance, the DOL cites a “longstanding precedent” in the courts predating the Trump administration’s hard right turn. “A century of labor protections for working people is premised on the employer-employee relationship,” Acting Labor Secretary Julie Su said in a press call with Bloomberg.

“Misclassifying employees as independent contractors is a serious issue that deprives workers of basic rights and protections,” Su wrote in the announcement post. “This rule will help protect workers, especially those facing the greatest risk of exploitation, by making sure they are classified properly and that they receive the wages they’ve earned.”

Mike Kemp via Getty Images

If the rule takes effect, it’s expected to increase employer costs. The US Chamber of Commerce, a non-government lobby for business interests, unsurprisingly opposes it. “It is likely to threaten the flexibility of individuals to work when and how they want and could have significant negative impacts on our economy,” Marc Freedman, VP of the US Chamber of Commerce, said in a statement to Reuters.

DoorDash sounds optimistic that the rule wouldn’t apply to its workforce. “We are confident that Dashers are properly classified as independent contractors under the FLSA, and we do not anticipate this rule causing changes to our business,” the company wrote in a statement. “We will continue to engage with the Department of Labor, Congress, and other stakeholders to find solutions that ensure Dashers maintain their flexibility while gaining access to new benefits and protections.”

Groups with similar views are expected to mount legal challenges to the rule before it goes into effect. A previous attempt by the Biden Administration to void the Trump-era rules met such a fate when a federal judge blocked the DOL’s reversal.

Although the most prominent theoretical applications of the rule would be with gig economy apps like DoorDash, Lyft and Uber, it could stretch to sectors including healthcare, trucking and construction. “The department is seeing misclassifications in places it hasn’t seen it before,” Wage and Hour Division Administrator Jessica Looma said to Bloomberg on Monday. “Health care, construction, janitorial, and even restaurant workers who are often living paycheck to paycheck are some of the most vulnerable workers.”

This article originally appeared on Engadget at https://www.engadget.com/new-department-of-labor-rule-could-reclassify-countless-gig-workers-as-employees-130836919.html?src=rss

Microsoft is hiring dozens of ZeniMax QA contractors as unionized employees

Game studios and publishers have collectively laid off an estimated 9,000-plus workers this year. Microsoft (which itself has laid off workers from Xbox teams in 2023) is bucking the trend to a certain extent by hiring dozens of ZeniMax quality assurance contractors as unionized employees.

The company agreed at the beginning of this year to formally recognize a union representing around 300 QA workers at ZeniMax Media, the parent company of Bethesda that Microsoft bought in 2021. As part of bargaining talks that have been ongoing since April, Microsoft has agreed to hire 77 temporary workers and incorporate them into the ZeniMax Workers United-CWA (Communications Workers of America) union.

Microsoft is hiring 23 of the workers as full-time, permanent employees with a pay increase of 22.2 percent. The other 54 workers are getting an immediate pay bump from $18 per hour to $20.75 an hour. Once the collective bargaining agreement is ratified, Microsoft will hire those workers as temporary employees.

According to the CWA, the new employees will now receive paid holidays and sick leave. The latter was previously only available if contractors lived in a jurisdiction that requires paid time off for illness. In addition, all of the workers will receive a copy of Starfield, the blockbuster game they had worked on. The CWA says it was not standard practice for contractors to get copies of the games they help to ship.

The CWA says the union will keep fighting for more contractors to have a pathway to permanent roles. “We look forward to continued good faith negotiations as we work towards a collective bargaining agreement,” Microsoft vice president Amy Pannoni told Bloomberg.

“We are now stronger at the bargaining table and are working to secure a fair contract for all workers — direct employees and contractors," Chris Lusco, associate QA tester and a member of ZeniMax Workers United-CWA, said in a statement. "We are all a part of ZeniMax Studio’s success and we all deserve our fair share. We hope to set a new precedent for workers across Microsoft and the entire gaming industry so that all workers, regardless of their employment status, are able to improve their working conditions through collective bargaining."

Last year, while Microsoft was attempting to win regulatory approval to buy Activision Blizzard, the company said it would remain neutral when the publisher's employees wished to unionize. A pact it reached with the CWA to that effect is set to come into force on December 12, 60 days after the Activision deal closed.

This article originally appeared on Engadget at https://www.engadget.com/microsoft-is-hiring-dozens-of-zenimax-qa-contractors-as-unionized-employees-180047283.html?src=rss

Amazon is trialing a $10 monthly grocery subscription for Prime members

Amazon regularly makes changes to the costs and availability of its groceries. The company's latest attempt to drive more business comes in the form of a subscription plan. Prime members can now pay $10 monthly for unlimited free Amazon Fresh and Whole Foods deliveries on orders over $35. The subscription also includes unlimited 30-minute pickup orders, regardless of the amount spent. 

The addition of Whole Foods is notable as any delivery from the retailer through Amazon has included a $10 delivery fee since 2021. However, Amazon Fresh grocery deliveries over $35 were already free for Prime members until early this year when Amazon added a fee for grocery deliveries under $150. The company reduced that threshold to $100 in October, with a $7 fee on Fresh orders of $50 to $100 and a $10 fee on orders below $50. So, basically, Prime members can now pay $10 each month to have the same deal they had up until January — plus the $15 monthly or $139 annually to be a Prime member.

The addition of a subscription plan follows other attempts from Amazon to drum up business for its grocery sector. In November, Amazon expanded Fresh grocery delivery and pickup to anyone, not just Prime members. Amazon is starting small with its newest offer, rolling out the subscription plan to Prime members in three US cities: Sacramento, CA, Columbus, OH and Denver, Colorado. 

This article originally appeared on Engadget at https://www.engadget.com/amazon-is-trialing-a-10-monthly-grocery-subscription-for-prime-members-123559940.html?src=rss

United Auto Workers seeks to unionize Tesla, BMW and other carmakers

Fresh off successful contract negotiations with Ford, GM and Stellantis, the United Auto Workers (UAW) is seeking to unionize 150,000 workers across 13 automakers including Tesla, BMW, Mercedes Benz and Hyundai, it announced. "To all the autoworkers out there working without the benefits of a union: now it’s your turn," said UAW president Shawn Fain. 

The UAW said the organizing drive covers "more than a dozen" non-union automakers. It notes that many use a mix of full-time, temporary and contract employees "to divide the workforce and depress wages." The union cited one example of a Hyundai assembly plant employee who worked for a subcontractor for eight years starting at $9.25 an hour before finally becoming a full-time Hyundai employee. 

Non-union automakers, including VW, Nissan, Hyundai, Honda, Toyota and Subaru raised wages after the UAW's negotiations with the big three. VW, for one, bumped them to $23.42 an hour, rising to a maximum of $32.40. However, they "lag far behind UAW autoworkers in wages, benefits and rights on the job," the union said.

The UAW helped workers win a 25 percent raise over four years with the big three automakers, with the highest-paid Ford workers now earning $83,000 per year for a 40-hour work week (around $42 per hour). The union also gained reinstatement of cost-of-living allowances, shorter progression periods to top wages and a quicker conversion of temporary to in-progression (full-time) employees. 

Tesla employees have attempted to unionize the company before, and some alleged that the company fired them for that — though that claim was recently dismissed by the US National Labor Relations Board (NLRB). The NLRB has previously found that Tesla violated labor law by prohibiting employees from talking about workplace matters. Back in 2022, Elon Musk challenged the UAW to hold a vote at Tesla's California factory.

Other automakers aren't exempt from worker complaints, including startup Rivian. "The company likes to tell us we’re making the plane while flying it, and that explains a lot about the problems we have," said one Rivian chassis worker. "We have all sorts of safety issues. Turnover is terrible. Every group has a story about a new employee who did not make it to first break. The lack of safety, the low pay, the forced overtime, there are so many reasons we need to be union." 

This article originally appeared on Engadget at https://www.engadget.com/united-auto-workers-seeks-to-unionize-tesla-bmw-and-other-carmakers-100555374.html?src=rss

X’s job search tool is now live on the web

The LinkedIn-like job search tool that X has been experimenting with is now live. A beta version of the feature launched in August to verified users, but the web version of the tool is now open to everyone on X, with iOS and Android availability expected “soon,” according to the company.

The job search feature appears to already be populated with open positions at numerous tech companies, including those run by Elon Musk. There are currently roles listed for SpaceX, Tesla and Neuralink, as well as X and Musk’s newest venture, x.ai.

While Musk previously promised “we will make sure that the X competitor to LinkedIn is cool,” it appears to be very basic for now. Users can browse job listings and descriptions, but are directed to third-party sites to complete an application, even for roles at X. Elsewhere, the company has been testing “job cards” so that individual postings are more easily shareable throughout the platform.

But there have been signs the company has more ambitious plans for career-oriented features on its “everything app.” The company recently updated its privacy policy to note that it may collect data related to users’ employment history for “job applications and recommendations.” This may hint at some kind of recruiting feature for X or other, more advanced job finding features down the line.

This article originally appeared on Engadget at https://www.engadget.com/xs-job-search-tool-is-now-live-on-the-web-010200007.html?src=rss

The 16 best gift ideas for the remote worker in your life

It’s the year 2023 and going to the office for work is no longer the norm for a lot of people. You probably know at least one person in your life who’s remote either part-time or full-time. Working from home has its perks – not having a commute being chief among them – but it’s not without challenges. Household disturbances are big ones, as well as poor lighting or simply the lack of professional-level equipment that they might have access to only in-office. That’s why we recommend giving them a gift or two that will help with those shortcomings. From noise-canceling headphones to an ergonomic footrest, here’s a list of things that’s sure to make their WFH life a lot easier.

Mooas Multi-Cube Timer

Logitech Lift Vertical mouse

Ember Tumbler

Sony WH-1000XM5

Logitech Brio 500

Echo Dot with Clock

Native Union Snap 3-in-1 Magnetic Wireless Charger

Grovemade Desk Shelf

Moft Sit-Stand Laptop Desk

Lepow Z1 Portable Monitor

BenQ Screenbar

Otterbox Fast Charge power bank

Keychron V3

Creative Pebble Pro

TickTick Premium

Armstrong Heart Leaf Philodendron

This article originally appeared on Engadget at https://www.engadget.com/best-work-from-home-gifts-wfh-140037231.html?src=rss

Apple reaches $25M settlement with the DOJ for discriminating against US residents during hiring

Apple will pay $25 million in backpay and civil penalties to settle allegations that it favored visa holders and discriminated against US citizens and permanent residents during its hiring process, the Department of Justice said in a statement on Thursday. This is the largest amount that the DOJ has collected under the anti-discrimination provision of the Immigration and Nationality Act.

At the heart of the issue is a federal program administered by the Department of Labor and the Department of Homeland Security called the Permanent Labor Certification Program (PERM). PERM allows US employers to file for foreign workers on visas to become permanent US residents. As part of the PERM process, employers are required to prominently advertise open positions so that anyone can apply to them regardless of citizenship status.

The DOJ said that Apple violated these rules by not advertising PERM positions on their recruiting website, and also made it harder for people to apply by requiring mailed-in paper applications, something that it did not do for regular, non-PERM positions. As a result, a DOJ investigation found that Apple received few or no applications for these positions from US citizens or permanent residents who do not require work visas.

As part of the settlement, Apple will pay $6.75 million in civil penalties and set up a $18.25 million fund to pay back eligible discrimination victims, the DOJ's statement said. 

Apple disagreed with the DOJ’s characterization. “Apple proudly employs more than 90,000 people in the United States and continues to invest nationwide, creating millions of jobs,” a company spokesperson told CNBC. “When we realized we had unintentionally not been following the DOJ standard, we agreed to a settlement addressing their concerns. We have implemented a robust remediation plan to comply with the requirements of various government agencies as we continue to hire American workers and grow in the US”

This article originally appeared on Engadget at https://www.engadget.com/apple-reaches-25m-settlement-with-the-doj-for-discriminating-against-us-residents-during-hiring-225857162.html?src=rss

Uber and Lyft must pay $328 million to New York drivers in massive wage theft settlement

Uber and Lyft have agreed to pay a combined $328 million in settlements following a wage theft investigation by the New York attorney general’s office. According to New York AG Letitia James, the companies’ policies “systematically cheated their drivers out of hundreds of millions of dollars in pay and benefits.” They’ll both now have to pay settlement funds to more than 100,000 current and former drivers in New York, and offer both minimum hourly pay rates and paid sick leave.

In the two settlements, Uber has to pay $290 million, while Lyft must pay $38 million. The AG’s office found both Uber and Lyft shortchanged drivers by deducting sales taxes from drivers’ commissions that should have been paid by riders between 2014 and 2017. They also did not offer paid sick leave. As a result of the settlement, drivers outside of New York City will be guaranteed an earnings floor of $26 per hour (NYC drivers already have minimum rates under Taxi & Limousine Commission regulations), and will earn one hour of sick pay for every 30 hours worked. This will be capped at 56 hours per year.

NYC drivers will get $17 per hour for sick leave, while drivers outside of the city will get $26 per hour. Both rates will be adjusted annually for inflation. Drivers can put in a claim for their share of the settlement on the New York Attorney General’s website. The companies will also be required to update their apps to improve the process for putting in sick leave requests and provide support for pay-related questions, plus earnings statements for drivers which explain their compensation in detail.

New York has been cracking down on app-based service providers in recent years amid a push by the Biden administration to see gig workers classified as employees. A California court, however, slapped down one such bill in March, allowing companies to continue classifying their drivers as contractors. But NY has made progress recently in securing more protections. In September, Uber, GrubHub and DoorDash were told they must pay their delivery workers a minimum wage.

This article originally appeared on Engadget at https://www.engadget.com/uber-and-lyft-must-pay-328-million-to-new-york-drivers-in-massive-wage-theft-settlement-155716817.html?src=rss

LinkedIn’s latest premium perk is an AI job coach

LinkedIn is adding a new, AI-powered perk for its premium subscribers: a built-in job coach that uses AI and LinkedIn data to help job seekers find, research and apply for roles. The new feature arrives as the company announced its user base has grown to 1 billion members as it looks to ramp up its investment in AI-driven features.

The Microsoft-owned company has increasingly been experimenting with AI features for its paying members. Earlier this year, it introduced the ability to use generative AI to write better profile descriptions and messages to hiring managers. But the latest AI perks aim to provide an even more personalized experience.

For now, the most prominent feature for job seekers will be AI-generated insights alongside each job posting. The tool can help summarize lengthy job descriptions and weigh in on whether the role is a good fit for a user based on the contents of their LinkedIn profile. For example, it can highlight specific work experiences users’ may want to emphasize in their application and provide tips on how to improve their LinkedIn profile to look more attractive to hiring managers.

LinkedIn

Because LinkedIn is able to draw on its vast trove of career data, the tips it’s able to provide are much more personalized than what you’d likely get if you were to ask other generative AI services for tips, says LinkedIn product manager Rohan Rajiv. “This is made possible by generative AI, but also the datasets that bring all of this together,” Rajiv tells Engadget. “It's your profile, your connections, and all of this that essentially can help you move your job search forward.”

For now, it’s still early days for the feature which is launching in beta to a limited set of LinkedIn Premium subscribers. But the company has signaled it intends to make AI a central part of its service going forward. “Today marks the beginning of a new journey, one where the power of AI is your ally in every career question and decision,” LinkedIn’s Chief Product Officer, Tomer Cohen, wrote in a blog post.

This article originally appeared on Engadget at https://www.engadget.com/linkedins-latest-premium-perk-is-an-ai-job-coach-120044855.html?src=rss

Qualcomm is cutting over 1,200 jobs in California

Qualcomm has just notified the California Employment Development Department that it's eliminating 1,258 positions within the state, according to Bloomberg. That's around 2.5 percent of the company's entire workforce, which is approximately 50,000 strong, but the job cuts will only affect workers from Qualcomm's San Diego and Santa Clara, California offices. Based on Bloomberg's report, no position is safe: More than 750 of the affected employees will reportedly come from the chipmaker's engineering team, including director-level personnel. The remaining affected roles will come from across different departments and will include internal technical and accounting staff. 

The chipmaker is required by law to notify the California agency of impending job cuts. But since many other places don't have the same rule, it's unclear if Qualcomm is planning to eliminate positions in other offices within and outside the US. It's worth noting that these job cuts, while unfortunate, don't come as a surprise: The company announced in its quarterly earnings report (PDF) released in August that it was going to take "additional restructuring actions."

Back then, the chipmaker had admitted that it expects these "restructuring actions" to consist "largely of workforce reductions." It said that the move will enable it to make "continued investments in key growth and diversification opportunities" in the face of "continued uncertainty in the macroeconomic and demand environment." As Bloomberg notes, Qualcomm still makes most of its money from smartphone sales, and market performance continues to decline. In fact, analysts said global smartphone shipments for the year are on track to be the worst in a decade. Qualcomm itself could see its revenue shrink by roughly 19 percent in the current fiscal year.

The company will start removing personnel sometime in mid-December, and it expects to be done with the restructuring changes it has to make in the first half of fiscal year 2024.

This article originally appeared on Engadget at https://www.engadget.com/qualcomm-is-cutting-over-1200-jobs-in-california-073034572.html?src=rss