Labor’s next goal: to protect ‘gig’ economy workers

All working men and women should take pause to celebrate Labor Day. And now, there is one class of workers, left behind for a century, that can finally join the celebration.

I’m talking about farmworkers who just last month won basic labor rights, including the right to organize a union, a mandatory day of rest and the right to overtime pay.

Tens of thousands of lives will improve immediately and future generations of farmworkers will also benefit for years to come as a result of the recently signed Farmworkers Fair Labor Practices Act.

Fairness, equality and justice for farmworkers, however, did not come easily. We will never forget the farmworkers who had the courage of their convictions to speak up for themselves and for others, to fight for what they believe in. They have been a true inspiration for all New Yorkers.

Now, we must build on that victory — by capturing that same passion and perseverance to lift up another class of workers being left behind: on-demand, app or “gig” economy workers.

These workers include accountants, architects, janitors, administrative support workers, rideshare drivers, food delivery workers and many more who derive their work from companies that have created smartphone apps.

A study we recently commissioned by the Worker Institute at Cornell University’s School of Industrial and Labor Relations found the current structure for enforcing labor standards is so complex and confusing it leads to abuse by allowing employers at on-demand companies to define work to avoid a determination of “employee” status.

App workers who participated in the study revealed feeling pressured to ignore harassment to maintain high ratings while others found out simply by logging onto their platform that they no longer had a job without any explanation.

These workers experience low and unstable earnings, lack benefits, and often rely on second or third jobs and various types of public aid, all while the companies they work for reap profits by avoiding costs associated with basic worker protections that traditional employers pay.

Two workers performing the same tasks, one who gets his or her assignment through an app and the other who works for a traditional employer, should not be treated differently under the law.

Think about it. If I call a restaurant and order a pizza to be deliv

argument to make.

Legalities aside, it isn’t obvious how this particular tactic will pressure the Seneca into paying. Nation members are not unusually heavy users of the Thruway. It mainly inconveniences regular New Yorkers who drive to work. Given the logic of his position, Cuomo may be picking the wrong fight and probably needs to get tougher. If he wants to persist in a roadway war he could close the Thruway exit that folks use to get to the casino. That’s a mighty big escalation, but at least focuses the pain on the problem.

In fairness to Cuomo, he’s got a limited arsenal and is proceeding one limited step at a time. And the silly attempts by Republican Rep. Tom Reed of Corning to politicize and criminalize the governor’s plight do no one any good. It would be infinitely preferable for all parties to sit down and work out a solution. Not likely.

The historical context of the dispute illuminates how intractable it is. After all, the state and its people bullied and stole lands occupied by Native Americans and left them in awful conditions for centuries. That may account for the stubbornness and lack of cooperation that can be laid at the feet of the Seneca Nation.

It is unlikely that Cuomo can sustain his current position of nonmaintenance of the Thruway. It’s both too strong and not strong enough. Sooner or later the road is going to be repaired and sooner or later the Seneca will pay their taxes. But in the absence of a better strategy, there’s no way to predict the immediate outcome.

Beyond figuring out how to move forward, all that has been established is that hostage taking is a risky business. “One false move and I pull the trigger” doesn’t work when the gun is pointed at yourself.