Supes move to protect gig workers
Some San Francisco supervisors are calling on government officials to quickly reclassify Uber and Lyft drivers and other gig workers as employees under AB5, California’s new law that makes it harder for companies to claim that workers are independent contractors.
“Denying work rights during public health crisis is illegal, immoral and we will not stand for it,” Supervisor Gordon Mar said on a press teleconference on Tuesday organized by some laborbacked driver advocacy groups.
People who drive or deliver for Uber, Lyft, Instacart, DoorDash and other gig companies urgently need the protections of being employees, such as paid sick leave and unemployment insurance, said a proposed resolution sponsored by Supervisors Mar, Matt Haney, Dean Preston, Hillary Ronen, Ahsha Safaí and Shamann Walton. It also calls for the Department of Public Health to establish health and safety guidelines, such as companies providing sanitary supplies and workers’ compensation coverage if they have contact with an
infected customer.
“Drivers are faced with an impossible choice: We keep driving to make ends meet, or we put ourselves at risk of (sickness or even) death,” said Mekela Edwards, an Uber driver who’s active with the driver advocacy group WeDriveProgress.
She has chronic asthma, so she says contracting COVID19 could be more dangerous for her.
Most drivers don’t want to be employees, said a spokeswoman for a proposed ballot measure backed by Uber, Lyft, DoorDash, Instacart and Postmates seeking to keep their drivers and couriers as independent contractors while giving them some benefits and wage guarantees. Most have other jobs that give them health insurance coverage, she said.
“Forcing an employment model on independent drivers — who have been named as essential services by everyone including the governor — will lead to the widespread elimination of work for hundreds of thousands of Californians and potentially jeopardize these necessary services at a time when vulnerable Californians are counting on them,” said Stacey Wells, a spokeswoman for the campaign.
Lyft echoed those comments, and also noted that it “is playing a crucial role in delivering essential services during this pandemic by connecting people with vital services and goods,” spokeswoman Julie Wood said in an email.
Uber said its drivers’ safety and wellbeing is a top priority.
“Today, Uber’s CEO, Dara Khosrowshahi, sent a letter to Congress urging them to include all independent contractors, including Uber’s drivers and delivery people, be granted protections and benefits in any stimulus packages enacted in response to the coronavirus,” Uber said in a statement.
Lyft, Uber and many other gig companies are offering drivers two weeks of paid leave (calculating the amounts based on average earnings over the previous four weeks) if they are diagnosed with COVID19 or required by health authorities to quarantine. But drivers on the press call said that’s not much coverage and the requirements to get tested make it too onerous.
“It’s only a matter of time before we get sick, not if but when because we’re in the stores, surrounded by people all day ... putting ourselves at tremendous risk, touching everything, all the products,” said Nick Hait, who works for grocery delivery service Instacart and delivery service Shipt.
There’s a big dichotomy in the amount of work available for gig workers. Drivers who ferry passengers have seen work dwindle with most people staying home. However, those who deliver groceries, prepared food and other goods, are deluged with work. Grocery service Instacart is seeking 300,000 more independent contractors to act as fullservice shoppers, including 54,000 in California.
“We drivers are in a state of emergency,” said Saori Okawa, who drives for Uber, putting in 70 to 80 hours a week. “Since shelter in place last week, there is no business for us.” It takes 30 to 45 minutes to get a ride request, compared to three minutes in ordinary times, she said. On Monday, she put in a full day, earning $75, which after gas, insurance and car rentals, nets her $35, she said.
The resolution specifies a variety of government departments that it wants to aggressively enforce AB5, including the S.F. Office of Labor Standards Enforcement, City Attorney Dennis Herrera, California Attorney General Xavier Becerra and Labor Secretary Julie Su.
Supervisors are expected to vote on the resolution next week. Six of the 11 supervisors support it, so it is expected to pass.
“Having workers at these companies is essential for us to operate at this time, but we are not treating these folks fairly, not empowering them to protect themselves, their families, their health and putting them at an even more marginal position economically,” Haney said.