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October 08, 2019 11:01PM
Hello. I'm' from California and I just retired for now. I am applying to get back into the mystery shopping field. I do have a question but I am not sure if this is where to post.
Anywho...I live in Cali as I have noted and I know that come this January, independent contractors have to be considered employees. How is that going to affect the mystery shopping companies and how is it going to affect us, contractors? I know there are loopholes but I have not read up on them. Does anyone know the answer?

Edited 1 time(s). Last edit at 10/08/2019 11:02PM by therealisticlady.
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October 29, 2019 06:37PM
I don't know, but it has been discussed on this forum. Use the search to bring up those discussions.

When a flower doesn’t bloom, you fix the environment in which it grows, not the flower.
Alexander Den Heijer
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October 29, 2019 06:42PM
This has been a matter of conjecture on this site. You can search the site for earlier discussions. When the California law was passed, there were differences of opinion here as to whether the law applied to mystery shopping. The initial targets appear to be Uber and Lyft, and I suspect that they will end up in court. If the mystery shopping companies feel that mystery shoppers in California are impacted, they will either litigate or comply. And presumably, they will tell the mystery shoppers in California.

So to answer your question, in my opinion, no one knows how or even if California mystery shoppers will be impacted. Some people have very strong opinions on both sides of the question, but, in my opinion, no one can answer with certainty.
@therealisticlady wrote:

Hello. I'm' from California and I just retired for now. I am applying to get back into the mystery shopping field. I do have a question but I am not sure if this is where to post.
Anywho...I live in Cali as I have noted and I know that come this January, independent contractors have to be considered employees. How is that going to affect the mystery shopping companies and how is it going to affect us, contractors? I know there are loopholes but I have not read up on them. Does anyone know the answer?

Shopping Southeast Pennsylvania, Delaware above the canal, and South Jersey since 2008
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October 29, 2019 07:03PM
One thing that might happen, mystery shopping companies may change the reports. No more micro managing the shops.
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October 29, 2019 09:28PM
What the client wants isn't likely to change.

@johnb974 wrote:

One thing that might happen, mystery shopping companies may change the reports. No more micro managing the shops.

When a flower doesn’t bloom, you fix the environment in which it grows, not the flower.
Alexander Den Heijer


Edited 1 time(s). Last edit at 10/29/2019 09:28PM by prince.
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October 29, 2019 11:32PM
The client will have to change the reports to fit the new laws. As an Independent Contractor, they cannot micro manager how you do the shop.
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October 30, 2019 12:03AM
Employers micromanage all the time. Being asked to greet every customer with a smile, eye contact and a specific phrase is practically the definition of micro managing.
A law saying all workers are employees will not impact micromanaging.

When a flower doesn’t bloom, you fix the environment in which it grows, not the flower.
Alexander Den Heijer
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October 30, 2019 12:09AM
@prince wrote:

Employers micromanage all the time. Being asked to greet every customer with a smile, eye contact and a specific phrase is practically the definition of micro managing.
A law saying all workers are employees will not impact micromanaging.

We are not employees.
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October 31, 2019 07:04PM
This law is being challenged by many groups and was written in such a way that it could be easily amended from what I have read. I suspect there will be some minimum employment hours per period of time in order for this law to stand. Uber is currently saying their business is IT related and does not directly "employ" the drivers but only gives them a place to go to find jobs. I can see where mystery shopping may be able to claim the same thing although I have no idea if the challenge by Uber will work. The many free lance people who work in the entertainment industry in one time gigs will also be challenging. It is hard to say what the ultimate rules will be after all the challenges are settled. And I bet the state does not have mystery shopping on their short list. so our type of job situation will not be directly addressed in the rules making it hard to determine where we fall.
Despite what some other shoppers say I do not feel at all micromanaged in this industry. I can "not apply" for any job I feel is not comfortable for me or too demanding. I will not get fired for not applying for a specific job unlike an employee who is assigned work and has no safe recourse. We get to choose our work.
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