Tuesday, November 24, 2020

UBER, LYFT Wins Ballot Initiative on Labor Rights

Chicago, IL - November 24, 2020 - (The Ponder News) -- On Nov. 3, 2020, Uber, Lyft and Postmates won a highly contested ballot initiative on labor rights in California, codifying that their workers will remain independent contractors, instead of employees. Mere weeks later, the companies are working to secure similar laws nationwide, including in Illinois and New York.

Prop-22, the California initiative, was supported by a record-setting $200 million and massive marketing campaign. Before and after Election Day, driver groups and labor advocates argued the gig companies were pushing misinformation to voters, causing confusion about how the law would affect workers' rights and protections.

The effects of Prop-22 are far-reaching for both corporate and lower-to-middle class America. Prop-22 effectively secured the long-term viability of gig companies, exempting them from the high costs of minimum wages, unemployment benefits, health insurance, and workers' compensation. Gig workers, on the other hand, have few protections and no safety net. For instance, a UC Berkeley Labor Center study estimates that drivers will be guaranteed only $5.64/hour (when accounting for time on the app, waiting for fares), under Prop-22. The law also leaves gig workers vulnerable in regards to work injuries and unwarranted deactivations (see: firings) from the platforms. Simply stated, when something goes wrong, the workers are left to fend for themselves.

Uber's CEO has stated publicly that the company is researching how to pass similar measures in other major markets. Crain's reported that Lyft has already launched a SuperPAC in Illinois with the goal of codifying its drivers' independent contractor status. Lyft also started a nationwide coalition called App-Based Work Alliance, with labor rights - or lack thereof - as the chief agenda.

"If voters understood the implications of Prop-22, they would have rebuked the law on its face," LegalRideshare attorney and co-founder Bryant Greening said. "The time is now to ensure voters appreciate the effects of these measures before they show up on local ballots."

Greening said many of his clients are fearful that Prop-22-like laws will sweep the nation. "Gig workers have steadily seen their rights and wages decrease, as gig companies search for ways to reduce costs," Greening said. "Our community must prioritize human rights over corporate profits."

LegalRideshare is the only law firm in the U.S. entirely dedicated to protecting gig workers after accidents and injuries.

"Boy Scout Lives Matter," Says Legal-Bay Lawsuit Funding, as they Near 100K Sex Abuse Claims Filed Via Bankruptcy Process

Washington, D.C. - November 24, 2020 - (The Ponder News) -- Legal-Bay, The Pre-Settlement Funding Company, announced that while they are still funding a limited number of Boy Scouts of America Cases, they are appalled at the final tally of over 92K claims of sexual abuse and harassment already filed. Legal-Bay's last estimate of cases filed over the summer was around 25K, however, with a deadline of November 16 to submit all claims, that number has soared. Unfortunately, the high number of claims is putting a major strain on the settlement amounts awarded to plaintiffs at the culmination of their trials.

While the country's focus throughout much of 2020 was on Black Lives Matter protests and Donald Trump campaign rallies occurring amidst a worldwide pandemic, it was easy to ignore an equally significant epidemic unfolding throughout our country: The sexual abuse of our nation's children. Between a presidential election, escalating racial unrest, and COVID, the country's priorities have shifted away from these kids over the course of this tumultuous year.

Legal-Bay has never wavered in its dedication to children's causes. They've been supporting victims of childhood sexual abuse for years; it's an issue that has affected thousands of innocent children within organizations such as the Boy Scouts of America, the Catholic Church, or state-run group homes.

Chris Janish, CEO of Legal-Bay commented, "Shame on America for turning their backs on the systemic sex abuse problem we have in this country in regards to children. Whether it be the Sandusky case at Penn State, the Larry Nassar assaults on our Olympic athletes, or the numerous BSA and Catholic Church abuse cases, these situations are horrific in nature and have caused life-long mental and emotional harm to almost every single victim. Our hearts go out to the survivors, and we hope that they'll see ample compensation along with more effective measures put in place to ensure that children are better protected in the future."

Due to the sheer number of claims being filed via bankruptcy courts, Legal-Bay predicts that the BSA cases and ultimate payments to victims could drag on for three years or longer. And due to BSA's limited assets and bankruptcy filings, plaintiffs may not see high settlement amounts or values. Cases will most likely be batched in tiers of categories ranging from the most severe to the least. However, certain Catholic dioceses that have substantial assets and fewer cases could see settlement values north of $1 million, even for individual lawsuits. Legal-Bay is constantly updating its underwriting criteria as the landscape changes with each new case and jurisdiction.

Legal-Bay remains committed to helping victims of sex abuse or sexual harassment by providing instant pre-settlement funding capital to pay bills as they wait out their court cases to settle. The company is also very active in funding all types of personal injury and accident cases, including car, boat, or truck accidents, as well as wrongful termination, workplace discrimination, wrongful conviction or imprisonment, police brutality, medical malpractice, commercial litigation, and more.

Aside from sexual abuse loans for settlements, Legal-Bay also provides pre settlement funding for all types of cases including personal injury, car accident, medical malpractice, judgment on appeal, commercial litigation, and more. Their loans for lawsuits have helped numerous plaintiffs through many a financial crisis.

Legal-Bay's loan settlement programs provide immediate cash in advance of a plaintiff's anticipated monetary award. The non-recourse case funding—sometimes referred to as loans for lawsuit or loans on settlement—are risk-free, as the money doesn't need to be repaid should the recipient lose their case. Therefore, the lawsuit loans aren't really loans, but rather a cash advance.

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Free Speech Protects Sexual Orientation Change Efforts says Court

Washington, D.C. - November 24, 2020 - (The Ponder News) -- Family Research Council (FRC) has praised the recent decision by a federal appeals court striking down two local ordinances banning sexual orientation change efforts (SOCE) for minors. In the case of Otto v. City of Boca Raton, a three-judge panel of the U.S. Court of Appeals for the 11th Circuit ruled on November 20 that "these ordinances are content-based and viewpoint-based restrictions on speech," and thus "violate the First Amendment."

Both the city of Boca Raton and Palm Beach County in Florida had enacted laws similar to those in several states and other localities across the country, prohibiting what critics of the practice sometimes call "conversion therapy" for minors, on the argument that such therapy is harmful to clients.

However, FRC also released today an Issue Analysis based upon a literature review of 79 academic sources purported to show "measures of harm" from SOCE. As FRC Senior Fellow for Policy Studies Peter Sprigg documents in the report, none of the 79 studies provide scientific proof that SOCE is more harmful than other forms of therapy, more harmful than other courses of action for those with same-sex attractions, or more likely to be harmful than helpful for the average client.

Sprigg has written papers showing that sexual orientation can change, that SOCE therapy can be effective and is not usually harmful, and that even pro-LGBT sources have undermined the case for therapy bans.

"Legal restrictions upon the voluntary pursuit of, and assistance with, sexual orientation change represent an assault upon both freedom of speech and freedom of religion," said Sprigg regarding Friday's court ruling. "I hope this court decision marks the beginning of the end for these unconstitutional infringements on personal autonomy."

The two licensed marriage and family therapists who brought the suit, Robert Otto and Julie Hamilton, were represented by Liberty Counsel. The court's decision was written by Judge Britt C. Grant, with Judge Barbara Lagoa concurring. Judge Beverly B. Martin wrote in dissent.

The 11th Circuit decision was foreshadowed by comments in a 2018 U.S. Supreme Court decision, NIFLA v. Becerra, dealing with California's efforts to regulate speech by pro-life pregnancy centers. In the course of rejecting the argument that governments can regulate "professional speech" without offending the First Amendment, the Supreme Court directly criticized earlier appeals court decisions that had made the same argument in upholding state therapy bans. Justice Clarence Thomas wrote that "this Court has not recognized 'professional speech' as a separate category of speech. Speech is not unprotected merely because it is uttered by 'professionals.'"