'Drivers Say Uber and Lyft Are Blocking Unemployment Pay' diff viewer (2/3)

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Drivers Say Uber and Lyft Are Blocking Unemployment Pay	Drivers Say Uber and Lyft Are Blocking Unemployment Pay
2020-03-25 01:30:17 UTC	2020-06-06 19:40:31 UTC (2 months later)
In a typical week, Jerome Gage, a Lyft driver in Los Angeles, makes $900 to $1,000 before expenses during roughly 50 hours on the road. This week, with most of the state holed up and demand for rides evaporating, he expects to work even longer to make far less than half that amount.	In a typical week, Jerome Gage, a Lyft driver in Los Angeles, makes $900 to $1,000 before expenses during roughly 50 hours on the road. This week, with most of the state holed up and demand for rides evaporating, he expects to work even longer to make far less than half that amount.
Given the option, Mr. Gage said, he would stop wasting his time and risking his health and file for unemployment benefits. But unlike workers employed by restaurants, hotels and retail establishments, gig workers like Uber and Lyft drivers typically have not been able to collect unemployment benefits or take paid sick leave.	Given the option, Mr. Gage said, he would stop wasting his time and risking his health and file for unemployment benefits. But unlike workers employed by restaurants, hotels and retail establishments, gig workers like Uber and Lyft drivers typically have not been able to collect unemployment benefits or take paid sick leave.
In a call with analysts last week, the Uber chief executive, Dara Khosrowshahi, alluded to the problem, suggesting that his hands were tied because Uber drivers are independent contractors. “This situation certainly demonstrates the downside of attaching basic protections to W-2 employment,” he said.	In a call with analysts last week, the Uber chief executive, Dara Khosrowshahi, alluded to the problem, suggesting that his hands were tied because Uber drivers are independent contractors. “This situation certainly demonstrates the downside of attaching basic protections to W-2 employment,” he said.
And in a letter to President Trump on Monday, Mr. Khosrowshahi asked that any economic stimulus or coronavirus-related legislation provide “protections and benefits for independent workers,” along with “the opportunity to legally provide them with a real safety net going forward.” A Lyft spokeswoman said her company was also pushing to extend any forthcoming stimulus to drivers, and said, “The vast majority of drivers on the Lyft platform use it to earn supplemental income,” rather than as a primary job.	And in a letter to President Trump on Monday, Mr. Khosrowshahi asked that any economic stimulus or coronavirus-related legislation provide “protections and benefits for independent workers,” along with “the opportunity to legally provide them with a real safety net going forward.” A Lyft spokeswoman said her company was also pushing to extend any forthcoming stimulus to drivers, and said, “The vast majority of drivers on the Lyft platform use it to earn supplemental income,” rather than as a primary job.
But for many drivers, the problem is not a legal void. It is that the companies they work for have not complied with existing laws or agency rulings.	But for many drivers, the problem is not a legal void. It is that the companies they work for have not complied with existing laws or agency rulings.
The highest-profile case is in California, which passed a law last year requiring companies to classify workers as employees if the companies control how they do the work, or if they hire workers to perform a job central to the business.	The highest-profile case is in California, which passed a law last year requiring companies to classify workers as employees if the companies control how they do the work, or if they hire workers to perform a job central to the business.
The bill’s author has said she intended the law to apply to Uber and Lyft drivers, which would make them eligible for unemployment benefits and state-mandated sick leave. Legal experts have agreed with this interpretation. But Uber launched a legal challenge to the law late last year, and the two ride-hailing companies are investing tens of millions of dollars in a November ballot initiative that would effectively exempt them from it.	The bill’s author has said she intended the law to apply to Uber and Lyft drivers, which would make them eligible for unemployment benefits and state-mandated sick leave. Legal experts have agreed with this interpretation. But Uber launched a legal challenge to the law late last year, and the two ride-hailing companies are investing tens of millions of dollars in a November ballot initiative that would effectively exempt them from it.
In the meantime, the companies have chosen not to report drivers’ income to the state, as is required of employers. While the companies’ legal challenges play out, the state is failing to approve many unemployment claims from drivers, potentially leaving thousands in the lurch as their earning power collapses.	In the meantime, the companies have chosen not to report drivers’ income to the state, as is required of employers. While the companies’ legal challenges play out, the state is failing to approve many unemployment claims from drivers, potentially leaving thousands in the lurch as their earning power collapses.
Loree Levy, a spokeswoman for the California Employment Development Department, which oversees unemployment benefits, said by email that applicants who were not eligible for benefits because the state lacked their wage information could follow up, and that the department would investigate, awarding benefits if it deems them misclassified. She said the department investigated many such cases even without a follow-up, but declined to say whether it was working to require Uber and Lyft to report drivers’ wages.	Loree Levy, a spokeswoman for the California Employment Development Department, which oversees unemployment benefits, said by email that applicants who were not eligible for benefits because the state lacked their wage information could follow up, and that the department would investigate, awarding benefits if it deems them misclassified. She said the department investigated many such cases even without a follow-up, but declined to say whether it was working to require Uber and Lyft to report drivers’ wages.
Employers are obligated to contribute to a state unemployment insurance fund, but the companies’ failure to do so does not disqualify workers from receiving benefits. The state can pursue unmet payroll-tax obligations later.	Employers are obligated to contribute to a state unemployment insurance fund, but the companies’ failure to do so does not disqualify workers from receiving benefits. The state can pursue unmet payroll-tax obligations later.
Uber and Lyft declined to comment on the situation in California, but both companies have announced that they would provide pay to drivers nationwide who were diagnosed with Covid-19 or were asked by a public health authority to isolate themselves.	Uber and Lyft declined to comment on the situation in California, but both companies have announced that they would provide pay to drivers nationwide who were diagnosed with Covid-19 or were asked by a public health authority to isolate themselves.
The stalemate has set up a showdown with increasingly desperate drivers. On March 11, Shannon Liss-Riordan, a Boston-based plaintiff’s lawyer who has won rulings against Uber and Lyft over the employment status of drivers, filed complaints seeking to force the companies to follow the state’s new law immediately, giving drivers access to unemployment benefits and sick days.	The stalemate has set up a showdown with increasingly desperate drivers. On March 11, Shannon Liss-Riordan, a Boston-based plaintiff’s lawyer who has won rulings against Uber and Lyft over the employment status of drivers, filed complaints seeking to force the companies to follow the state’s new law immediately, giving drivers access to unemployment benefits and sick days.
“It is very unfortunate that such a crisis may be necessary to prompt these companies into actually complying with the law and extending employment protections to their drivers,” Ms. Liss-Riordan said in an email.	“It is very unfortunate that such a crisis may be necessary to prompt these companies into actually complying with the law and extending employment protections to their drivers,” Ms. Liss-Riordan said in an email.
Her complaints are pending in federal court.	Her complaints are pending in federal court.
While the cases play out, drivers around the state have stepped up efforts to demand that Uber and Lyft provide them with employment protections. A union-backed group called Mobile Workers Alliance, which Mr. Gage is involved with, began circulating a petition Friday demanding that the gig companies abide by the state’s new law deeming them employees. The petition has collected more than 6,000 signatures.	While the cases play out, drivers around the state have stepped up efforts to demand that Uber and Lyft provide them with employment protections. A union-backed group called Mobile Workers Alliance, which Mr. Gage is involved with, began circulating a petition Friday demanding that the gig companies abide by the state’s new law deeming them employees. The petition has collected more than 6,000 signatures.
Lisa Opper, a Lyft driver involved with a group called Rideshare Drivers United, which held demonstrations on Thursday in San Diego, Los Angeles and San Francisco, said she typically worked 40 to 50 hours per week and made $900 to $1,000 before expenses. She made $226 the week before last, after which she stopped driving out of concern for her health.	Lisa Opper, a Lyft driver involved with a group called Rideshare Drivers United, which held demonstrations on Thursday in San Diego, Los Angeles and San Francisco, said she typically worked 40 to 50 hours per week and made $900 to $1,000 before expenses. She made $226 the week before last, after which she stopped driving out of concern for her health.
“I won’t risk it,” Ms. Opper, who is 60 and diabetic, said on Friday. “The virus is airborne, and I had three or four people last week coughing.” She said she had been driving with a blue surgical mask but didn’t have access to the N95 mask that experts say is most effective at stopping the spread of the illness.	“I won’t risk it,” Ms. Opper, who is 60 and diabetic, said on Friday. “The virus is airborne, and I had three or four people last week coughing.” She said she had been driving with a blue surgical mask but didn’t have access to the N95 mask that experts say is most effective at stopping the spread of the illness.
Ms. Opper said she planned to file for unemployment insurance and hoped to get benefits, at least on appeal. “I just believe Uber and Lyft are ignoring the law,” she said.	Ms. Opper said she planned to file for unemployment insurance and hoped to get benefits, at least on appeal. “I just believe Uber and Lyft are ignoring the law,” she said.
California is not the only state where many Uber and Lyft drivers have not received the employment protections to which they appear to be entitled. In 2018, New York’s unemployment insurance appeal board, its highest executive branch authority on such questions, ruled that three Uber drivers were eligible for unemployment benefits, along with all “similarly situated” drivers.	California is not the only state where many Uber and Lyft drivers have not received the employment protections to which they appear to be entitled. In 2018, New York’s unemployment insurance appeal board, its highest executive branch authority on such questions, ruled that three Uber drivers were eligible for unemployment benefits, along with all “similarly situated” drivers.
	Updated June 5, 2020
	The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
	Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
	Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
	States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
	Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
	Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
	If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
	Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
	The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
	If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
	If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
But New York State has yet to require Uber, Lyft and other gig economy companies to contribute to its unemployment insurance fund on workers’ behalf — a sum that would likely be worth at least tens of millions of dollars — while it identifies which drivers are “similarly situated” to those in the appeal board’s ruling.	But New York State has yet to require Uber, Lyft and other gig economy companies to contribute to its unemployment insurance fund on workers’ behalf — a sum that would likely be worth at least tens of millions of dollars — while it identifies which drivers are “similarly situated” to those in the appeal board’s ruling.
The companies have so far declined to report drivers’ wages to the state, forcing drivers to undertake a monthslong bureaucratic process to prove their employment status and secure unemployment benefits. An Uber official said the company had received a request from the state for driver wage information over the weekend and was “likely” to comply.	The companies have so far declined to report drivers’ wages to the state, forcing drivers to undertake a monthslong bureaucratic process to prove their employment status and secure unemployment benefits. An Uber official said the company had received a request from the state for driver wage information over the weekend and was “likely” to comply.
Still, an Uber spokesman said the company believed the appeal board’s 2018 ruling “uniquely applies to the three claimants” because Uber has changed many of its policies affecting drivers in recent years.	Still, an Uber spokesman said the company believed the appeal board’s 2018 ruling “uniquely applies to the three claimants” because Uber has changed many of its policies affecting drivers in recent years.
But Nicole Salk, senior staff attorney at Legal Services NYC, who has represented drivers seeking unemployment benefits, said she was personally aware of dozens of drivers who had been deemed employees by the state in the past few years.	But Nicole Salk, senior staff attorney at Legal Services NYC, who has represented drivers seeking unemployment benefits, said she was personally aware of dozens of drivers who had been deemed employees by the state in the past few years.
The problem, Ms. Salk said, is that many other drivers have abandoned the process when faced with bureaucratic hurdles. “There are at least three additional questionnaires,” after the initial application, she said. “It takes months and months.” Ms. Salk said she represented a driver who applied for benefits during the third week of December and had yet to complete the process.	The problem, Ms. Salk said, is that many other drivers have abandoned the process when faced with bureaucratic hurdles. “There are at least three additional questionnaires,” after the initial application, she said. “It takes months and months.” Ms. Salk said she represented a driver who applied for benefits during the third week of December and had yet to complete the process.
Last year, the federal Department of Labor and the National Labor Relations Board issued findings contending that gig workers are contractors, not employees, but those findings are not binding on state agencies that oversee unemployment benefits.	Last year, the federal Department of Labor and the National Labor Relations Board issued findings contending that gig workers are contractors, not employees, but those findings are not binding on state agencies that oversee unemployment benefits.
A spokesman for Gov. Andrew M. Cuomo of New York said the state had requested disaster unemployment assistance from the White House that could make benefits available to drivers and other gig workers. Congress, for its part, is working on a stimulus bill well in excess of $1 trillion that could make such benefits available nationally.	A spokesman for Gov. Andrew M. Cuomo of New York said the state had requested disaster unemployment assistance from the White House that could make benefits available to drivers and other gig workers. Congress, for its part, is working on a stimulus bill well in excess of $1 trillion that could make such benefits available nationally.