Misclassification of Independent Contractors – Happy 2012!

Last Messenger Appreciation Day (October 9, 2011) California Governor Jerry Brown signed Senate Bill 459 (SB 459) that imposes strict penalties on employers who willfully misclassify workers as independent contractors as well as advisors (excluding lawyers) who knowingly counsel employers to engage in willful misclassification.

This new law came into effect on January 1, 2012. It adds Sections 226.8 and 2753 to the California Labor Code.

Section 226.8 prohibits the willful (“voluntarily and knowingly”) misclassification of a worker as an independent contractor. It also prohibits employers from charging misclassified individuals for items such as  materials, space rental, services, government licenses, repairs, equipment maintenance, or fines arising from the individual’s employment.

Penalties include fines of $5,000 to $10,000 for first the violation and up to $25,000 for repeat violations.

It also includes other penalties such as ordering an employer to post a notice on its website for a year, stating that the “employer has committed a serious violation of the law,” has changed its business practices to comply and   The notice must be posted for a year and must invite misclassified employees  to contact the California Labor and Workforce Development Agency.

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This river I step in is not the river I stand in

By Joe Hendry

“Hey, there’s blood on this envelope!” said Mary, the receptionist.

“Sorry about that, it’s mine,” I answered, pointing to the blood dripping from the knuckles on my right hand.

“But the cheque is here in plenty of time, right?” I said, in a plea for some appreciation.

After all, I almost died getting that multi-million dollar cheque to Mary in less than twenty minutes because she forgot to call it in sooner.

“Yes, plenty of time,” she said as she signed my manifest.

I didn’t blame Mary. It’s the nature of my job as a bike messenger. My job is to deliver one hundred percent on time, all of the time, with no exceptions and no excuses. I never seek appreciation but this one time I hoped for just a little.

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London’s Stephanie ‘Papillon’ Bartczak receives 2011 Markus Cook Award

2011 Markus Cook Award recipient Stephanie ‘Papillon’ Bartczak

The International Federation of Bike Messenger Associations (IFBMA) is pleased to announce that London’s Stephanie ”Papillon” Bartczak has been awarded the 2011 “Markus Cook Memorial Award” (MCA) for Services to the International Messenger Community. The IFBMA has awarded the Markus Cook Award (MCA) since 1998 to the person who has inspired and empowered the wider messenger community, and who put all messengers before themselves.

From Moving Target:

After being nominated for the 2nd year running, Stephanie ‘Papillon’ Bartczak has been presented the Markus Cook Award for services to the messenger community. Papillon is well-known within the messenger community for being very active within the organisation of the London Courier Emergency Fund, which exists to give financial assistance to London’s bicycle messengers and couriers who suffer injury whilst working. She helped found the Fund in 2007, and has worked to build it up constantly since then.

Read the full article at Moving Target

The Bike Messenger Goes Hollywood

By J. DAVID GOODMAN
New York Times, September 30, 2011

ON a side street in Park Slope,Brooklyn, Austin Horse cobbled together an impromptu podium last weekend out of a plastic milk crate and a case of Red Bull.

The scene, more reminiscent of a garage-band festival than a bicycle event, captured the spirit of the East Coast Messenger Stage Race, Mr. Horse’s hastily arranged, informal competition for a small group of hardy riders — mostly bicycle messengers — from across the country. The five-day race, through a tangled network of roads from Boston to Washington, was the latest project for Mr. Horse, a competitive cyclist and bike advocate who has emerged in recent years as one of the best-known figures in the city’s brigade of professional messengers.

Mr. Horse, 29, has raced against a sport utility vehicle from Harlem to Brooklynin a Web advertisement for Mercedes-Benz, worked as a producer and cameraman on a reality series about bicycle messengers for the Travel Channel and performed stunts for more than two months for “Premium Rush,” a bike-centered action movie to be released next year. He has won national and international messenger competitions, as well as sponsorship deals with Red Bull, Oakley sunglasses and the urban bike-wear company Outlier.

 

But there is a paradox at work here: just as corporate brands andHollywoodtry to harness the increasing visibility of urban cycling through its most recognizable character, the grease-grizzledNew York Citymessenger, that subculture is dwindling in the face of higher-tech competition.

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The story of La Ocho

Dandy Blog, September 28, 2011

by Colleen Kirley
designs by Dieter Janssen

La Ocho

 

Dieter Janssen, architect and former professor at the University of Toronto, wanted a custom bike and went to La Carrera Cycles. One day, while he was in the shop, he overheard owner Nadir Olivet talking about having the Cycle Messenger World Championships (CMWC) in Guatemala. Janssen had recently taken interest in racing tracks – he visited the 333-metre outdoor velodrome in Cuba and has ridden the Forest City velodrome in London, Ontario – and when Nadir mentioned the figure 8 track, he was immediately interested in being involved.

Janssen was up for the challenge. He enlisted some students and created a work-study program out of the track. “It’s a complex geometry,” Janssen said. “Because of the physics of that geometry – we really needed to get right in terms of making this track function properly.” On Janssen’s website, you can view just how complex this work was – pages and pages of diagrams and equations map out what will ultimately become the track. “We worked with a mathematician who recommended some people who were also interested in the project. Very quickly, we had a team together.”

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La Carrera Cycles hits the road

Dandyhorse, September 2011 

by Tammy Thorne with files from Colleen Kirley

La Carrera

 

It was in La Condesa, Mexico City, where I had my first official safety meeting with Nadir Olivet.

Olivet not only cares about the safety of his fellow cyclists, he also cares deeply about the craft of building and painting bicycles.

During our meeting he introduced me to a man named Futura from NYC.

Futura painted the Colnago bike in the photo above. Futura (or Futura 2000 as he is also known) is also one of the earliest pioneers of graffiti art.

This fact was hard for me to fully comprehend, so I just thought of him as the amazing polka dot bike painter to help keep my brains from exploding.

We were in La Condesa for an urban bicycle race (aka “alley cat”) called Chill ‘n Go that Olivet helped organize as a precursor to his 2010 Cycle Messenger World Championship event in Panajachel Guatemala, which would feature a specially designed figure-eight track called La Ocho. Olivet is also a fan of unusual racing tracks.

Fast forward a year-and-a-half and I’m sitting in the back of La Carrera Cycles, in its final days, discussing cyclist safety, personal well being and the future of cycling with founder, Olivet.

Read the rest at Dandyhorse

Cyclists are run over by bus and lorry


Peter Dominiczak, Emine Sinmaz, and Lucy Osborne
 
Evening Standard,  September 20, 2011
 
A cyclist was fighting for his life today and another has serious leg injuries after two accidents in central London.
 
Police said a male cyclist was critical after being hit by a lorry in Vauxhall this morning. Witnesses told how his bicycle was dragged along the road by the HGV before the driver realised what had happened.
 
In Aldwych, a cyclist was left with “life changing” leg injuries after being run over by a number 243 double-decker bus.
 
There was chaos on roads closed while the emergency services dealt with the victims.
 
The first accident happened at about 7.45am today outside Vauxhall Tube. It is believed the cyclist, thought to have been a courier, was hit from behind by the lorry. The bicycle was dragged along Vauxhall bridge before the driver realised.
 
Police said the cyclist was initially in a critical condition but had now been stabilised.
 
Sean Skinner tweeted: “Looks like cyclist hit from behind by large refuse lorry at lights and bike dragged underneath for over 200m.” The Aldwych accident happened at 9am outside the Waldorf Hilton hotel.
 
Abi Sultana, 27, who was working at a café opposite the scene, said: “The bus was pulling into the stop and the guy tried to overtake from the inside.
 
“I saw him lying on the floor and there was loads of blood coming from his leg. He couldn’t move.”
 
Another witness said the victim was in his fifties or sixties and was left lying under the bus in a pool of blood.

NIU assistant professor delivers insight on bike messengers

Northern Star, September 13, 2011

By Chelsey Boutan

When assistant professor of sociology Jeff Kidder first rode his bike downNew York City’s streets, he was afraid.

Angry commuters, red lights, traffic, one-way streets – Kidder struggled to weave through the urban maze so he could pick up an application at a bike messenger company.

“It’s sort of like being in the middle of an aluminumGrand Canyon,” Kidder said. “It feels very frightening.”

Kidder’s interest in this subculture grew as he worked as a bike messenger for his doctoral research, which became the foundation for his recently published book, “Urban Flow: Bike Messengers and the City.”

“A bike messenger’s self identity is really wrapped up in their work, and I find that very interesting,” Kidder said. “My book tries to unpack what about this job allows that to happen.”

For more than three years, Kidder worked as a bike messenger inNew York City,SeattleandSan Diego. Kidder said having direct experience with the group’s activities is the best way to study a subculture.

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2011 Markus Cook Award – Call for nominations

It’s time to call for nominations for this year’s Markus Cook Award for services to the international messenger community.

This will be the 14th year that the award is presented. It was started by Buffalo Bill in 1998, to remember Markus and to draw attention to messengers whose work benefits all of us.

From the IFBMA’s Markus Cook Award page:

“The MCA for services to the International Messenger Community is not a prize for winning a race. At the time the Award was conceived, CMWC was beginning to be more about the racing than the happening. I [ Buffalo Bill] wanted to re-establish the spirit of the championships, to restate the reason that we all come to this event every year.

The MCA is a reflection of the axiom that everyone who comes to a CMWC is a winner, whether they race or not.

Markus himself was very much in love with the CMWC, and in many ways he was the unlikeliest bike racer imaginable. He was several other things, of course. Editor of Mercury Rising messenger zine, unofficial spokesperson of the SFBMA, leader of L Sid, and a friend to all. The enthusiasm of Markus brought CMWC and the international messenger community toSan Francisco, and it saddens many people to this day that he did not live to see it.

This award is for people that inspire and empower the wider messenger community, that put all of us before themselves.”

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