Uber/Lyft now Are Employees in California - MSer Implications?

How would "hours" work for ms employees? Would we not be able to turn down a job as we can now?

Create an Account or Log In

Membership is free. Simply choose your username, type in your email address, and choose a password. You immediately get full access to the forum.

Already a member? Log In.

@shoptastic wrote:

How would "hours" work for ms employees? Would we not be able to turn down a job as we can now?

NV mystery shoppers can work as many hours as they wish and do not have to accept any jobs they do not want to apply for or assign.
This is also how it works for home health care workers and substitute teachers. They are free to accept or decline assignments. I added these non-MS job types in case anyone wanted a comparison with something outside of mystery shopping.

@AZwolfman wrote:

@shoptastic wrote:

How would "hours" work for ms employees? Would we not be able to turn down a job as we can now?

NV mystery shoppers can work as many hours as they wish and do not have to accept any jobs they do not want to apply for or assign.

Nature does not hurry, yet everything is accomplished. - Lao-Tzu


Edited 1 time(s). Last edit at 08/22/2020 12:59PM by Shop-et-al.
But how are home health workers and substitute teachers classified? Are they ICs or employees?

The bottom line for all this is the ABC test. The House has already passed legislation to implement that and reclassify gig workers as employees. It's called the PRO Act. HR 2474. If the Dems get the Senate and WH, they will do away with the filibuster and enact it.

We are closer to the destruction of the gig economy than most gig workers realize.

Edited 1 time(s). Last edit at 08/22/2020 02:42PM by panama18.
Substitute teachers are employees with no benefits, but taxes and Social Security are taken out of the pay.

*****************************************************************************
The more I learn about people...the more I like my dog..

Mark Twain
First, there are a LOT of Dems who will not vote to end the filibusterer rule because ending it is a very sharp two-edged sword.

Second, there are a ton of part-time employees that have no benefits and work for more than one employer. Third, it is very sticky to determine who is a self-employed business owner now and still would be under most potential changes.

Based in MD, near DC
Shopping from the Carolinas to New York
Have video cam; will travel

Poor customer service? Don't get mad; get video.
I sure hope you're right, but Schumer talks a lot about ending it.

Do you think ICs like shoppers can avoid reclassification as employees if the ABC test is applied? The test appears intended for reclassification.

@walesmaven wrote:

First, there are a LOT of Dems who will not vote to end the filibusterer rule because ending it is a very sharp two-edged sword.

Second, there are a ton of part-time employees that have no benefits and work for more than one employer. Third, it is very sticky to determine who is a self-employed business owner now and still would be under most potential changes.
I suspect that Uber/Lyft would raise fare prices (to the level of taxi fares) if they had to classify their drivers as employees. Then the only difference between taxi and Uber/Lyft would be that most Uber/Lyft drivers are more courteous and are better drivers.

It would probably take an organized union to obtain health benefits for part-time employees. We had such a union when I worked in grocery.

NV mystery shoppers, classified as employees, are free to work for any or all of the licensed mystery shopping companies. They receive W-2 instead of 1099 unless they also work out of state, in which case they receive both.

It does not matter whether you are an employee or an IC; you still have to pay income taxes, Medicare, and Social Security. IC pays taxes quarterly, and employee has those taxes taken out of each check. The difference is that you have to pay double Medicare/SS tax if you are IC.

I was never in favor of the filibuster and always thought it was counterproductive to the purpose of the Senate. Besides, with Grim Reaper Mitch, most bills from the House are DOA anyway; no filibuster needed.
@AZwolfman wrote:

I suspect that Uber/Lyft would raise fare prices (to the level of taxi fares) if they had to classify their drivers as employees. Then the only difference between taxi and Uber/Lyft would be that most Uber/Lyft drivers are more courteous and are better drivers.

With a ride-share, I know what the total fee will be regardless of traffic. That is not the case in a taxi.
@AZwolfman wrote:

NV mystery shoppers, classified as employees, are free to work for any or all of the licensed mystery shopping companies. They receive W-2 instead of 1099 unless they also work out of state, in which case they receive both.
Yikes, that sounds kind of nightmarish to have to do both. ...Or, at least, very tedious. smiling smiley
@ wrote:

It does not matter whether you are an employee or an IC; you still have to pay income taxes, Medicare, and Social Security. IC pays taxes quarterly, and employee has those taxes taken out of each check. The difference is that you have to pay double Medicare/SS tax if you are IC.
You don't HAVE to pay quarterly as an IC, right?...I don't/didn't.

Edited 1 time(s). Last edit at 08/24/2020 08:58AM by shoptastic.
@shoptastic wrote:

You don't HAVE to pay quarterly as an IC, right?...I don't/didn't.

I don't believe not paying quarterly as an IC is something that would land you in jail. But if you don't and you owe too much in taxes when you file, then you would be charged a penalty for failing to pay some of those taxes each quarter. And those penalties can be quite hefty since Uncle Sam doesn't take too kindly to not getting his money when owed.
I didn't owe in 2016, because I lost money that year having started ms-ing in November/Dec. of that year and did money losing gigs to learn the ropes.

2017
2018
2019

I didn't pay quarter, but paid during filing.
I don't even know how to pay quarterly taxes if I had to....is there a form I need?

I get my taxes done by HR Block.
This is not the best source for income tax advice. Always do your own research or use a tax professional. Here is what the IRS website says about withholding and avoiding a penalty. You do not need to file estimated taxes if you withhold enough During the year , assuming you have another non mystery shop job where you can do this:

Generally, most taxpayers will avoid this penalty if they either owe less than $1,000 in tax after subtracting their withholding and refundable credits, or if they paid withholding and estimated tax of at least 90% of the tax for the current year or 100% of the tax shown on the return for the prior year, whichever is smaller.
Kenasch has good advice on this. I pay estimated tax but it is not based on my mystery shopping. I do not earn enough in that job that it would require estimated tax payments. H and R Block should recommend quarterly payments to you if needed in your case. After doing your own research if you find you should be paying quarterly next year that is a question you should ask your H and R person to figure out for you..
As a basic guide that i personally use, I look to see how much additional money I needed to send to pay my taxes the previous year (2019 this year) . If I owe, lets say $5000 for 2019 to be sent with my tax forms and do not expect any major changes in my sources of income for 2020, I will divide the $5000 owed in 2019 by 4 and add that amt to what I paid in estimated tax for the previous year. If I got a refund, I will deduct that amt divided by 4 from my quarterly payments I made the prior year. This has worked for me. It is not an exact science. If you expect, or at any time expect your income to increase or decrease in the current tax year (2020 now) substantially and that income is not from a source where taxes are taken out appropriately by your employer you will need to change your quarterly estimated payment. When I say appropriately above I mean you are using the correct number of dependents on the forms you fill out for your employer. If you have changed your exemptions to a high number in order to increase your check remember you will have to pay those non with held taxes later on.
Use my method at your peril. I am not a tax professional. Also if you have agreed to take out of each payment 10% of your Unemployment and other income to pay taxes but you are in a higher tax bracket you will have a shortfall there too at taxtime,
You can access the estimated tax forms online at irs.gov. Pretty easy...once you figure out how much extra you will owe over the $1000 leeway kenasch mentions just fill in the dollar amt and send the money out to them. It is due 4x a year and the website will give you the dates. The third payment for 2020 is due in Sept.
I'll ask my HR Block rep.

I think the most I've made (after taking off reimbursement, mileage, etc.) is $1,000 in ms-ing one year?

2019, I think I made $400. *shrug*
The IRS has a page on its site titled Self-Employed Individuals Tax Center (https://www.irs.gov/businesses/small-businesses-self-employed/self-employed-individuals-tax-center). The first three sections are titled "Who is Self-Employed?", "What are My Self-Employed Tax Obligations?", and "How Do I Make My Quarterly Payments?". That third section contains a link to Form 1040-ES (https://www.irs.gov/pub/irs-pdf/f1040es.pdf), which is what individuals can use to figure how much in estimated taxes to pay. It also contains four vouchers, one for each quarter, that you would use to submit estimated taxes like sandyf mentioned above.

The information that kenasch mentioned above can be found on that form under "General Rule":

In most cases, you must pay estimated tax for 2020 if both of the following apply
1.You expect to owe at least $1,000 in tax for 2020, after subtracting your withholding and refundable credits
2.You expect your withholding and refundable credits to be less than the smaller of:
a.90% of the tax to be shown on your 2020 tax return, or
b.100% of the tax shown on your 2019 tax return. Your 2019 tax return must cover all 12 months
Note. These percentages may be differ


On the same form, under "Increase Your Withholding":

If you also receive salaries and wages, you may be able to avoid having to make estimated tax payments on your other income by asking your employer to take more tax out of your earnings. To do this, file a new Form W-4, Employee's Withholding Certificate, with your employer.
So, I've fit two of those "exemptions" before. I may have even been penalized one year...not sure...I'd need to contact IRS. THey gave me back about $900 less than my expected return without ever stating why. *shrug*

The only area where I know for sure I've withheld more than needed has been investment sales.
@salisburync wrote:

Part of me agrees that this action is hurting our employment. But the other half of me knows that MSC's have long used us shoppers and pay (for some shops) below or barely above minimum wage. I am sure that most of you agree that what you do is worth multiples of minimum wage, right?
If you're making below minimum wage, you're doing this wrong.

I'm not in CA, but wonder if this means there will be a limit on your shopping hours so that they don't need to provide benefits. ?? I'm guessing companies that are on the fence about their MS programs anyway will stop them as the MS companies will need to charge more. I'm already writing a check to the Feds every year; I can't imagine "giving" another 10% to my state government (my state is considering raising taxes -- may be time to move here: [www.kiplinger.com]

"Let me offer you my definition of social justice: I keep what I earn and you keep what you earn. Do you disagree? Well then tell me how much of what I earn belongs to you - and why?” ~Walter Williams
@iShop123 wrote:

I'm not in CA, but wonder if this means there will be a limit on your shopping hours so that they don't need to provide benefits. ?? I'm guessing companies that are on the fence about their MS programs anyway will stop them as the MS companies will need to charge more. I'm already writing a check to the Feds every year; I can't imagine "giving" another 10% to my state government (my state is considering raising taxes -- may be time to move here: [www.kiplinger.com]
I shop in the Southwest, but 85% of my shops are in my home state of NV which has no state income tax smiling smiley The NV MS companies do not provide medical benefits, but workers' comp applies. Yes, the MS companies do charge the clients more than they are charged in other states, and shopper pay is higher. The clients pay the higher fees, because they want to compete in this state.
Sorry, only registered users may post in this forum.

Click here to login