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Uber and Lyft Drivers Sue for New York Unemployment Benefits Uber and Lyft Drivers Sue for New York Unemployment Benefits
(8 days later)
Doh Ouattara drove for Uber and Lyft from 2016 until mid-March of this year, when he became concerned about the pandemic. With three children under 6 to provide for, he decided to apply for unemployment benefits.Doh Ouattara drove for Uber and Lyft from 2016 until mid-March of this year, when he became concerned about the pandemic. With three children under 6 to provide for, he decided to apply for unemployment benefits.
But despite hundreds of calls to the New York State Department of Labor and two prominent rulings that deemed gig workers like him to be employees eligible for the state’s unemployment insurance, he has yet to receive any payment, and time is running short.But despite hundreds of calls to the New York State Department of Labor and two prominent rulings that deemed gig workers like him to be employees eligible for the state’s unemployment insurance, he has yet to receive any payment, and time is running short.
Mr. Ouattara, who was trained as an accountant in the Ivory Coast before moving to the United States, could afford to pay only half his rent in April and none of it this month. “My savings are almost gone — I’ve used them for food, basic necessities,” he said in an interview. “It is getting very, very stressful.”Mr. Ouattara, who was trained as an accountant in the Ivory Coast before moving to the United States, could afford to pay only half his rent in April and none of it this month. “My savings are almost gone — I’ve used them for food, basic necessities,” he said in an interview. “It is getting very, very stressful.”
On Monday, Mr. Ouattara and three other Uber and Lyft drivers, along with an advocacy group called the New York Taxi Workers Alliance, filed a complaint in federal court against Gov. Andrew M. Cuomo and the state’s Department of Labor, saying drivers were not paid standard benefits to which they were entitled in a timely way.On Monday, Mr. Ouattara and three other Uber and Lyft drivers, along with an advocacy group called the New York Taxi Workers Alliance, filed a complaint in federal court against Gov. Andrew M. Cuomo and the state’s Department of Labor, saying drivers were not paid standard benefits to which they were entitled in a timely way.
The action comes at a time when drivers have been increasingly vocal in demanding the protections afforded to employees, which states like New York and California have granted them to varying degrees, even as the companies continue to maintain that drivers are contractors.The action comes at a time when drivers have been increasingly vocal in demanding the protections afforded to employees, which states like New York and California have granted them to varying degrees, even as the companies continue to maintain that drivers are contractors.
The lawsuit says drivers must wait months to receive standard unemployment benefits, if they receive them at all, compared with the two to three weeks that the state has said is typical for other workers. The plaintiffs are seeking an injunction requiring the state to immediately pay their benefits and the benefits of other drivers to whom they are owed.The lawsuit says drivers must wait months to receive standard unemployment benefits, if they receive them at all, compared with the two to three weeks that the state has said is typical for other workers. The plaintiffs are seeking an injunction requiring the state to immediately pay their benefits and the benefits of other drivers to whom they are owed.
“The issue of Uber driver employment status has been settled for over a year by the state’s own decision,” said Zubin Soleimany, a lawyer for the taxi workers group. “But it hasn’t been able to provide people benefits when they need them. It’s been a catastrophe for these guys.”“The issue of Uber driver employment status has been settled for over a year by the state’s own decision,” said Zubin Soleimany, a lawyer for the taxi workers group. “But it hasn’t been able to provide people benefits when they need them. It’s been a catastrophe for these guys.”
Jack Sterne, a spokesman for the Cuomo administration, said, “During this pandemic emergency, we have been moving heaven and earth to get every single unemployed New Yorker their benefits as quickly as possible — including Uber and Lyft drivers, who are treated no different than any other worker.”Jack Sterne, a spokesman for the Cuomo administration, said, “During this pandemic emergency, we have been moving heaven and earth to get every single unemployed New Yorker their benefits as quickly as possible — including Uber and Lyft drivers, who are treated no different than any other worker.”
According to the lawsuit, a key problem is that the state has not forced companies like Uber and Lyft to provide the data on workers’ earnings that employers must typically supply. Lacking such data, the suit says, the state has required drivers to complete a lengthy application process that involves more steps and paperwork than other workers face to receive standard unemployment benefits.According to the lawsuit, a key problem is that the state has not forced companies like Uber and Lyft to provide the data on workers’ earnings that employers must typically supply. Lacking such data, the suit says, the state has required drivers to complete a lengthy application process that involves more steps and paperwork than other workers face to receive standard unemployment benefits.
Josh Gold, an Uber spokesman, said the company had provided the state with the earnings data it had requested, though he declined to elaborate on whether the data would be sufficient to calculate unemployment benefits promptly. The company said in April that it had agreed to comply with a state request for earnings data, but that it had not yet done so.Josh Gold, an Uber spokesman, said the company had provided the state with the earnings data it had requested, though he declined to elaborate on whether the data would be sufficient to calculate unemployment benefits promptly. The company said in April that it had agreed to comply with a state request for earnings data, but that it had not yet done so.
Lyft said the company was working with the state to provide access to earnings data. “The special interests behind this lawsuit aren’t interested in what’s best for drivers, since filing this lawsuit will do nothing to help them get assistance quickly,” said Julie Wood, a Lyft spokeswoman.Lyft said the company was working with the state to provide access to earnings data. “The special interests behind this lawsuit aren’t interested in what’s best for drivers, since filing this lawsuit will do nothing to help them get assistance quickly,” said Julie Wood, a Lyft spokeswoman.
Uber and Lyft have encouraged drivers to apply for benefits under the Pandemic Unemployment Assistance program, which Congress passed in March to replace income for out-of-work contractors and other workers who might fall through the gaps in the safety net.Uber and Lyft have encouraged drivers to apply for benefits under the Pandemic Unemployment Assistance program, which Congress passed in March to replace income for out-of-work contractors and other workers who might fall through the gaps in the safety net.
Under federal rules, only those ineligible for traditional unemployment benefits are supposed to receive pandemic assistance. But even though New York and California consider many drivers to be employees eligible for traditional benefits, the states are helping drivers obtain the pandemic assistance, arguing that it is often the fastest way for them to receive financial support.Under federal rules, only those ineligible for traditional unemployment benefits are supposed to receive pandemic assistance. But even though New York and California consider many drivers to be employees eligible for traditional benefits, the states are helping drivers obtain the pandemic assistance, arguing that it is often the fastest way for them to receive financial support.
New York State introduced a single benefits application on April 20 that routes workers into traditional unemployment benefits or pandemic assistance, depending on which program the state considers them eligible for.New York State introduced a single benefits application on April 20 that routes workers into traditional unemployment benefits or pandemic assistance, depending on which program the state considers them eligible for.
Lyft said that pandemic assistance was a better deal for many part-time drivers, because the minimum payment under that program was higher than the minimum unemployment benefit.Lyft said that pandemic assistance was a better deal for many part-time drivers, because the minimum payment under that program was higher than the minimum unemployment benefit.
But for full-time drivers, pandemic assistance can be a weak substitute for traditional unemployment benefits. The complaint calculates that Mr. Ouattara’s benefit under the pandemic assistance program would be less than $250 a week, compared with $504 that he would receive in unemployment benefits. (He and other drivers would receive a $600-a-week federal supplement on top of either program through the end of July.)But for full-time drivers, pandemic assistance can be a weak substitute for traditional unemployment benefits. The complaint calculates that Mr. Ouattara’s benefit under the pandemic assistance program would be less than $250 a week, compared with $504 that he would receive in unemployment benefits. (He and other drivers would receive a $600-a-week federal supplement on top of either program through the end of July.)
The difference arises because pandemic assistance is based on income net of expenses like gas and maintenance, whereas unemployment benefits are based on gross earnings — or about $26,000 versus about $55,500 for Mr. Ouattara in 2019. Other drivers face similar disparities, according to the complaint.The difference arises because pandemic assistance is based on income net of expenses like gas and maintenance, whereas unemployment benefits are based on gross earnings — or about $26,000 versus about $55,500 for Mr. Ouattara in 2019. Other drivers face similar disparities, according to the complaint.
Updated July 7, 2020
The coronavirus can stay aloft for hours in tiny droplets in stagnant air, infecting people as they inhale, mounting scientific evidence suggests. This risk is highest in crowded indoor spaces with poor ventilation, and may help explain super-spreading events reported in meatpacking plants, churches and restaurants. It’s unclear how often the virus is spread via these tiny droplets, or aerosols, compared with larger droplets that are expelled when a sick person coughs or sneezes, or transmitted through contact with contaminated surfaces, said Linsey Marr, an aerosol expert at Virginia Tech. Aerosols are released even when a person without symptoms exhales, talks or sings, according to Dr. Marr and more than 200 other experts, who have outlined the evidence in an open letter to the World Health Organization.
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.
Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
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.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
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.)
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.
Mr. Ouattara said he received a notice from the state this month indicating it had no record of earnings for him from Uber or Lyft. After he sent the state his documentation, he said, it urged him to apply for pandemic assistance. He did so, but continues to pursue traditional unemployment benefits as well. A second plaintiff in the case received a notice last week saying he was approved for pandemic assistance, but he continues to press for conventional unemployment benefits.Mr. Ouattara said he received a notice from the state this month indicating it had no record of earnings for him from Uber or Lyft. After he sent the state his documentation, he said, it urged him to apply for pandemic assistance. He did so, but continues to pursue traditional unemployment benefits as well. A second plaintiff in the case received a notice last week saying he was approved for pandemic assistance, but he continues to press for conventional unemployment benefits.
Other drivers who believe they are employees have sought traditional unemployment benefits rather than pandemic assistance as well, but have encountered problems similar to those of Mr. Ouattara and his fellow plaintiffs.Other drivers who believe they are employees have sought traditional unemployment benefits rather than pandemic assistance as well, but have encountered problems similar to those of Mr. Ouattara and his fellow plaintiffs.
Carole Vigne, a staff attorney for the nonprofit Legal Aid at Work, said she had represented Uber and Lyft drivers during the pandemic who received traditional unemployment benefits in California in about six weeks. But she said that some of her clients there were still waiting for benefits they applied for more than two months ago, and that some had been routed to the pandemic assistance program with no explanation, despite intending to apply for traditional benefits.Carole Vigne, a staff attorney for the nonprofit Legal Aid at Work, said she had represented Uber and Lyft drivers during the pandemic who received traditional unemployment benefits in California in about six weeks. But she said that some of her clients there were still waiting for benefits they applied for more than two months ago, and that some had been routed to the pandemic assistance program with no explanation, despite intending to apply for traditional benefits.
Crystal Page, a spokeswoman for California’s labor agency, said in an email, “There are a number of different scenarios that apply to ALL benefit claims which could determine how quickly a claim can get processed and paid if the individual is eligible.”Crystal Page, a spokeswoman for California’s labor agency, said in an email, “There are a number of different scenarios that apply to ALL benefit claims which could determine how quickly a claim can get processed and paid if the individual is eligible.”
The New York lawsuit, brought with the help of the nonprofit group Legal Services NYC, cites two state decisions that found drivers eligible for unemployment benefits. The first was a 2018 ruling of the state’s unemployment insurance appeal board, the final authority on eligibility questions in the executive branch, which found that three Uber drivers and all “similarly situated” drivers were eligible for benefits.The New York lawsuit, brought with the help of the nonprofit group Legal Services NYC, cites two state decisions that found drivers eligible for unemployment benefits. The first was a 2018 ruling of the state’s unemployment insurance appeal board, the final authority on eligibility questions in the executive branch, which found that three Uber drivers and all “similarly situated” drivers were eligible for benefits.
The second was a ruling involving Postmates, an app-based delivery service, which found the company’s workers to be employees for purposes of unemployment benefits. The ruling did not apply to Uber and Lyft directly, but strongly suggested employee status for their drivers given the similarity of their business models to Postmates’.The second was a ruling involving Postmates, an app-based delivery service, which found the company’s workers to be employees for purposes of unemployment benefits. The ruling did not apply to Uber and Lyft directly, but strongly suggested employee status for their drivers given the similarity of their business models to Postmates’.
The lawsuit by Mr. Soleimany’s group argues that by failing to pay standard unemployment benefits to drivers in a timely way, the state is violating the “when due” provision of the federal Social Security Act, which requires states to ensure the full payment of benefits “with the greatest promptness that is administratively feasible.”The lawsuit by Mr. Soleimany’s group argues that by failing to pay standard unemployment benefits to drivers in a timely way, the state is violating the “when due” provision of the federal Social Security Act, which requires states to ensure the full payment of benefits “with the greatest promptness that is administratively feasible.”
The suit further argues that the state is violating the equal protection clause of the U.S. Constitution by typically paying employees who are not drivers their standard benefits on a two-to-three-week timetable, but taking months to pay app-based drivers.The suit further argues that the state is violating the equal protection clause of the U.S. Constitution by typically paying employees who are not drivers their standard benefits on a two-to-three-week timetable, but taking months to pay app-based drivers.