New to fantasy football? Here are some tips, tricks, and strategies for winning your fantasy football league.
A wildlife photographer captured an image of two "real-life Bambis" in a field of heather in Scotland, British news agency SWNS reports.
Whether you're shopping to go back to school, working remotely or getting into gaming, Labor Day weekend is a good time to buy a laptop.
Apple Watch hosts several tools to help you get things done. What follows is a short collection of them and how to set them up to be most useful.Reminders on Apple Watch
I use Reminders on my Apple Watch for almost everything – from cooking times to project deadlines to scheduling calls. All it takes is one push on the Digital Crown to summon Siri, and I can then speak the request: “Remind me to attend the group Zoom meeting Friday,” for example, or “Hey Siri, set a timer for two hours,” to help you focus.What’s great about this is that once you set the Reminder you don’t need to think about it again. The limitation is that you will only receive one reminder notification at the time you set, but you can change this on your iPhone.To read this article in full, please click here
You don't need to go cold turkey, but delete social media apps from your phone and see if your mental health improves.
Sites with WP File Manager should update ASAP – exploits in the wild A critical vulnerability in a popular WordPress plugin called WP File Manager was spotted on Tuesday and was quickly patched by the plugin's developers.…
Drink like a Klingon with the newest offering from Star Trek Wines.
Samsung has unveiled the Galaxy Tab A7 and a new wireless charger, the latter of which can charge three things at once.
The shape is positively 240Z, while the taillights look a lot like the 300ZX.
In a virtual event today, Nvidia announced three new cards are coming just in time for the holidays: the RTX 3070, RTX 3080, and RTX 3090.
Google has launched a cloud application modernization effort, which the company said leverages its experience in driving application delivery at speed and scale.Unveiled August 25, the Google Cloud App Modernization Program (CAMP) Is intended to help large enterprises modernize application development and delivery and improve speed.
[ Also on InfoWorld: Cloud tech certifications count more than degrees now ]
Facets of Google CAMP include:
Solutions, recommendations, and best practices for application modernization. The application lifecycle is covered from writing code to running and securing applications. Practices include driving alignment between developers and operators, lean product development, and technical practices such as implementing loosely coupled architectures and continuous testing.
Tailored modernization advice gained through a data-driven assessment. Regardless of whether a developer is building a Kubernetes, serverless, or mainframe application, the assessment shows where to start a modernization effort, identifies priorities and how to maximize ROI. Bottlenecks are found, as well.
An extensible platform for writing code and running, securing, and operating applications. Existing Google Cloud Platform services are extended to help run legacy and new applications.
Anthos, Google’s hybrid and multi-cloud modernization platform. Google on August 25 announced hybrid AI capabilities for Anthos, including general availability of Speech-to-Text On Prem and introduced Anthos attached clusters, for managing Kubernetes clusters.
Google CAMP is based on the company’s experience in high-speed application delivery, with the company deploying 12 million builds and 650 million tests daily, along with processing 2.5 exabytes of logs monthly and parsing more than 14 quadrillion monitoring metrics. The program also reflects six years of devops research and assessment into practices to drive high performance, Google said. Google Cloud can be accessed at cloud.google.com.To read this article in full, please click here
Self-flying planes may soon be a reality as Airbus Acubed's Project Wayfinder's new flying lab is collecting the data required for autonomous flight.
Despite the COVID-19 pandemic, the market for wearables is getting impressive results. It’s natural to see more and more companies joining this trend lately. Meanwhile, ...
The post Huawei Watch Fit goes official with AMOLED display, heart-rate tracking, AOD for $110 appeared first on Gizchina.com.
A sale to end the sale that's been going on for a while. because Prime Day still hasn't happened.
California's Assembly Bill 5 (AB5) went into effect in January, adopting a narrow definition of independent contractor that forces Uber and other gig economy businesses to choose between reclassifying workers as employees or risking significant liability for misclassification.
The law serves as a reminder to California businesses to be careful when classifying workers as contractors.
Classifying independent contractors falls into two main categories: the "right to control" test (often called the "IRS test") and the tougher "ABC test" recently adopted in AB5.
Uber, Lyft, and DoorDash have recently poured $30 million into Proposition 22 — a ballot measure intended to exempt major ridesharing and food delivery companies from AB5. If California residents vote the measure into effect in November, Uber and Lyft can continue classifying drivers as contractors.
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In September 2019, California passed Assembly Bill 5 ("AB5"), setting a high bar for businesses aiming to classify workers as independent contractors. Under AB5 (which went into effect January 1, 2020), a business' workers are employees unless their services fall outside the business' "usual course or type of business." This legislation is widely seen as a direct challenge to the model of gig economy companies such as Uber and Lyft, which rely on independent contractors.
Businesses that mis classify workers as independent contractors can face significant liability under both state and federal law. This can include tax penalties as well as claims for unpaid wages and overtime, workers' compensation, and unemployment benefits. Additionally, once found to have misclassified workers, the business must reclassify the workers as employees. The resulting costs could be a huge — potentially fatal — blow to Uber, Lyft, and their gig economy compatriots. One estimate in July 2019 put Uber and Lyft's increased costs at $290 million in California alone.
The legal tests for determining independent contractor status (such as the one adopted in AB5) rely on the facts of the relationship between the business and the worker. These tests generally rely on a traditional understanding of employment. Gig economy businesses like Uber do not neatly fit a conventional model, though.
What is an independent contractor?
Independent contractors are non-employee workers hired to perform services. Generally, contractors are not covered by labor and employment laws such as wage and hour laws (for example, overtime, minimum wage), leave laws (for example, the Family and Medical Leave Act), and anti-discrimination laws (for example, the Americans with Disabilities Act). Contractors are usually ineligible for benefits and have no collective bargaining rights. They are responsible for their own taxes — in fact, the contractor tax form, "1099," is often used as shorthand distinguishing them from employees ("W-2s").
Saying a worker is an independent contractor does not make it so. State and federal laws and regulations define who can be an independent contractor. These tests generally fall into two main categories: the "right to control" test (often called the "IRS test") and the tougher "ABC test" adopted in California's AB5. The federal government uses the IRS test, as do most states (for at least some analyses). But Massachusetts, New Jersey, and California have fully adopted the ABC test, and many states use it for certain situations, such as determining workers' compensation eligibility.
The IRS test relies on one general rule: A worker is an independent contractor if the business paying them has the right to control only the results of the work, not what and how work will be done. To figure out who has the right to control, the test considers multiple factors in three categories, non-exhaustively summarized as follows:
Behavioral Control: Type and degree of instruction given, such as when and where to work and what supplies to use; performance evaluations and discipline
Financial Control: Opportunity for profit or loss; investment in equipment; freedom to provide services to other clients; and method of payment (for example, salary versus by the job)
Relationship: Contract; permanence of relationship; extent to which services are central to the business; and benefits
The ABC test, while simpler, is tougher. To be an independent contractor under the ABC test, all three of the following must be met:
The worker is "free from the control and direction" of the business while performing their work.
The work falls "outside the hiring entity's usual course or type of business."
The worker has their own independent business beyond the job at hand.
How does Uber fare?
Uber's main product is a mobile app through which users request rides from local drivers. When a user requests a ride, the app pairs the user with an available driver.
Applying the IRS Test, some factors indicate drivers are contractors, and others indicate an employment relationship.
Behavioral control: Drivers control their schedules and hours, and driver evaluations mostly come from user ratings, not Uber. On the other hand, Uber has community guidelines governing drivers' behavior; violations can lead to account suspension or deactivation in Uber's sole discretion. To reactivate, drivers must complete a "quality improvement course" selected by Uber.
Financial control: Drivers are paid by the ride and are responsible for expenses, including vehicle, maintenance, gas, insurance, phone, and data. Driver contracts are not exclusive — they can (and usually do) also drive for competitors such as Lyft. Many drivers also work for black car services or taxi companies. That said, when they are driving for Uber, the company unilaterally controls fares.
Relationship: Drivers' contracts state that they are independent contractors, and they do not receive benefits. At the same time, the relationship is indefinite, and drivers' services seem crucial to Uber's business.
Applying the ABC test, on the other hand, Uber drivers seem more like employees.
Part one mirrors the IRS Test's "behavioral control" portion. As discussed above, there are facts on both sides here: Drivers are largely free from Uber's control and direction but can be suspended or banned for violating Uber's terms.
Likewise, part three sticks closely with the IRS Test's consideration of "financial control." As mentioned, drivers are free to (and often do) drive for competitors and other ride services.
The core difference between the tests — and the reason for the fuss over AB5 — is part two, which requires that contractors' work be "outside the hiring entity's usual course or type of business." To meet this element, Uber must — and has been trying to — show that drivers' services are outside of its usual course or type of business.
So what is Uber's business? The most obvious answer (at least to its users) is that it's a transportation service. If it is, Uber can't logically argue that drivers' work is not crucial to its core business.
Uber claimed it's not a transportation business, though. Instead, Uber argued in September its business is "serving as a technology platform for several different types of digital marketplaces," connecting independent drivers with passengers. But Uber is not selling software or making ad revenue from its (free) app. It solely makes money through fares and delivery fees. If a business is defined by its revenue source, then Uber might have a hard time winning under the ABC test. And, as users know, the app is useless when no drivers are available.
In response to AB5, Uber, Lyft, and DoorDash have devote a combined $30 million to support a November ballot measure called Proposition 22 that would permit them to continue classifying workers as non-employee contractors. The measure would require the companies to pay drivers 130% of the minimum wage per each hour of driving time, and kick in small amounts toward drivers' health, occupational, and liability insurance.
If Uber and Lyft end up reclassifying drivers as employees, drivers will likely have to choose between working for one or the other, and increased labor costs will likely be passed on to riders.
Regardless of what happens, employers in the US — especially California — should closely evaluate their classification of independent contractors and speak with employment counsel about any concerns.
Ann Margius is an attorney who focuses on labor and employment at Wyrick Robbins Yates & Ponton LLP in Raleigh, North Carolina.
This article was originally published on Business Insider on October 24, 2019. It has been updated with new information.Join the conversation about this story » NOW WATCH: Why YETI coolers are so expensive
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JD Power's 2020 Tech Experience Index Study is out, measuring how well different carmakers introduce new tech features into their vehicles.
The firm surveyed owners to determine which brands offer the best user experience, and which ones come up short.
Some of the top-ranked brands include BMW, Cadillac, Hyundai, Subaru, and Mercedes-Benz. Volvo topped the survey.
Tesla would have earned the second spot, but it didn't meet all the criteria for the study.
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Carmakers consistently try to top one another with bigger screens, better user interfaces, and more advanced safety capabilities. But not all of those snazzy features hit home with buyers, according to a new study from JD Power.
The research firm surveyed 82,527 owners of new 2020-model-year vehicles to compile its latest Tech Experience Index. The index measures how effectively car brands bring new technologies to market, evaluating both the degree to which they adopt new features and how well customers receive them.
JD Power found that while buyers like seeing additional camera views, they dislike interior gesture controls and don't trust driver-assistance features.
JD Power ranked brands based on their scores, and 13 of them were found to be above average. Unsurprisingly, the top spots were dominated by luxury companies, but several more affordable brands made the cut as well. Volvo topped the overall rankings.
Tesla's score would have landed it in second place, but the company only let JD Power survey owners in 35 states instead of nationwide, so it wasn't officially included in the list.
Keep scrolling to see which brands boast the best new tech, according to owners:13. Audi
10. Land Rover
We’re here to guide you through the coronavirus pandemic. Sign up to the Life newsletter for daily tips, advice, how-tos and escapism.Face covers are mandatory for adults in all kinds of public settings in the UK – but what’s the deal with children? Should they, or shouldn’t they, be wearing them?The Department of Health and Social Care (DHSC) advises that children under the age of 11 do not need to wear face coverings – although whether they do or not is ultimately up to parents.Children under the age of three shouldn’t be wearing them at all, says Public Health England (PHE), as they could pose a health and safety risk.Those aged 11 and over should be wearing them where it’s mandatory to do so – for example, on public transport, in shops and at visitor attractions.Despite secondary school pupils being old enough to have to wear face covers in these settings, it’s likely they won’t be made to wear them at school.Nevertheless, some secondary schools have taken it upon themselves to enforce mask-wearing among students. Related...
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Education minister Nick Gibb said face covers are “not necessary” for staff and pupils when schools in England reopen next month. As long as schools put in place the hygiene measures outlined in government guidance in early July, face coverings will not be required to stop the spread of coronavirus, he said.Child health professor Calum Semple, who sits on the government’s Scientific Advisory Group for Emergencies (Sage), added the evidence for wearing masks in school was “fairly weak” and said there’s more of a risk from parents meeting at the school gates or going for coffee after dropping their kids off.The World Health Organisation (WHO) recently issued guidance on children and face mask use. Children and adolescents aged 12 years or older are advised to follow the same mask guidelines as adults, it said, which means wearing them when they cannot guarantee at least a 1m distance from others and there is widespread transmission in the area.Children who are in general good health can wear a non-medical or fabric mask as a form of source control, meaning it keeps the virus from being transmitted to others if they are infected and don’t show any symptoms. The adult who is providing the mask should ensure the fabric mask is the correct size and sufficiently covers the nose, mouth and chin of the child, WHO said.Related...
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Children should clean their hands for at least 20 seconds if using an alcohol-based hand rub, or at least 40 seconds if using soap and water, before putting on a mask.They should be taught how to wear the mask properly, including not touching the front of the mask and not pulling it under the chin or into their mouth.They should store the mask in a bag or container, and not share the mask with others, WHO said.For children aged between six and 11 years of age, it said a “risk-based approach” should be applied to the decision to use a mask – and said explicitly that children under five shouldn’t wear them.Children aged six and over might be encouraged to wear a mask if there’s a local outbreak, for instance, but it’s also worth bearing in mind they might struggle to use it safely, or it might impact their learning or psychosocial development.For immunocompromised children or for paediatric patients with cystic fibrosis or cancer, the use of a medical (not a cloth) mask is usually recommended, it said, but should be assessed in consultation with the child’s medical provider.The use of masks for children of any age with developmental disorders, disabilities or other specific health conditions should not be mandatory, said WHO, which is in line with UK guidance.Experts are still learning about Covid-19. The information in this story is what was known or available at the time of publication, but guidance could change as scientists discover more about the virus. To keep up to date with health advice and cases in your area, visit gov.uk/coronavirus and nhs.uk.Related...
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