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"bio": "\u003ca href=\"http://www.MarkFiore.com\">MarkFiore.com\u003c/a> | \u003ca href=\"https://twitter.com/markfiore\">Follow on Twitter\u003c/a> | \u003ca href=\"https://www.facebook.com/pages/Mark-Fiore-Animated-Political-Cartoons/94451707396?ref=bookmarks\">Facebook\u003c/a> | \u003ca href=\"mailto:mark@markfiore.com\">email\u003c/a>\r\n\r\nPulitzer Prize-winner, Mark Fiore, who the Wall Street Journal has called “the undisputed guru of the form,” creates animated political cartoons in San Francisco, where his work has been featured regularly on the San Francisco Chronicle’s web site, SFGate.com. His work has appeared on Newsweek.com, Slate.com, CBSNews.com, MotherJones.com, DailyKos.com and NPR’s web site. Fiore’s political animation has appeared on CNN, Frontline, Bill Moyers Journal, Salon.com and cable and broadcast outlets across the globe.\r\n\r\nBeginning his professional life by drawing traditional political cartoons for newspapers, Fiore’s work appeared in publications ranging from the Washington Post to the Los Angeles Times. In the late 1990s, he began to experiment with animating political cartoons and, after a short stint at the San Jose Mercury News as their staff cartoonist, Fiore devoted all his energies to animation.\r\nGrowing up in California, Fiore also spent a good portion of his life in the backwoods of Idaho. It was this combination that shaped him politically. Mark majored in political science at Colorado College, where, in a perfect send-off for a cartoonist, he received his diploma in 1991 as commencement speaker Dick Cheney smiled approvingly.\r\nMark Fiore was awarded the Pulitzer Prize for political cartooning in 2010, a Robert F. Kennedy Journalism Award in 2004 and has twice received an Online Journalism Award for commentary from the Online News Association (2002, 2008). Fiore has received two awards for his work in new media from the National Cartoonists Society (2001, 2002), and in 2006 received The James Madison Freedom of Information Award from The Society of Professional Journalists.",
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"content": "\u003cp>If you’ve been worried about disinformation or even violence threatening the legitimacy of this presidential election, you’re not alone. Hate speech watchers like the \u003ca href=\"https://www.adl.org\" target=\"_blank\" rel=\"noopener noreferrer\">Anti-Defamation League\u003c/a> are on high alert.\u003c/p>\n\u003cp>As several critical battleground states continue to count ballots, President Trump and some of his supporters continue to circulate misinformation about the election — lies which resulted in Twitter \u003ca href=\"https://www.theverge.com/2020/11/4/21548736/twitter-facebook-throttle-trump-tweet-election-theft\">applying warning labels\u003c/a> to the president’s tweets and permanently suspending an account belonging to former White House chief strategist \u003ca href=\"https://www.cnn.com/2020/11/05/tech/steve-bannon-twitter-permanent-suspension/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">Steve Bannon\u003c/a>. Facebook decided to \u003ca href=\"https://www.washingtonpost.com/technology/2020/11/05/facebook-trump-protests/\" target=\"_blank\" rel=\"noopener noreferrer\">remove the\u003c/a> #StoptheSteal campaign altogether.\u003c/p>\n\u003cp>But the lies are not just burning in the crispy underbrush of Twitter and Facebook.\u003c/p>\n\u003cp>“[They’re also moving] on TikTok, Parler and Telegram. Think of how many platforms you are aware of. Multiply that by 10,” said Oren Segal, vice president of ADL’s Center on Extremism.\u003c/p>\n\u003cp>Take, for example, Twitch, best known as a streaming site for video gamers and the people who like to watch them play and talk. Segal reports some of that talk during election season has been political. When that political talk veers into hate, harassment and misinformation, ADL representatives say they reach out to the Amazon-owned company’s trust and safety team to make sure they’re aware of what’s happening and taking steps to address it.\u003c/p>\n\u003cp>[aside tag=\"election-2020\" label=\"election coverage\"]\u003c/p>\n\u003cp>“Where do you go when you want to understand where the threats of extremism are coming from? There’s 50 to 100 answers, but they’re all online platforms,” Segal said.\u003c/p>\n\u003cp>Are the bigger platforms we’re all familiar with enforcing the election season policies they’ve put into place? To varying degrees of effectiveness.\u003c/p>\n\u003cp>Dave Sifry, vice president of the ADL’s Center for Technology and Society, said that some YouTube channels — including ones with more than 1 million subscribers — live-streamed fake election results to tens of thousands of people on Election Day.\u003c/p>\n\u003cp>“Some of those channels were even able to make money from ads,” he said.\u003c/p>\n\u003cp>Sifry took issue with another YouTube election season policy regarding the labeling of potential misinformation.\u003c/p>\n\u003cp>“Even when they take the ads off, [the label] says things like ‘Results may not be final. See the latest on Google,’ ” he said, steering viewers to the search engine owned by YouTube’s parent company. That’s in contrast with other platforms that link directly to election results, or company statements about misleading and inaccurate information.\u003c/p>\n\u003cp>A YouTube spokeswoman responded that the platform takes down livestreams that violate its community guidelines, in accordance with established policies \u003ca href=\"https://support.google.com/youtube/answer/2801973?hl=en\">prohibiting spam, deceptive practices and scams\u003c/a>.\u003c/p>\n\u003cp>“All search results and videos about this election are accompanied by an information panel noting that election results may not be final and linking to Google’s election results feature. The language is similar to what other companies are using,” wrote YouTube’s Ivy Choi. “The vast majority of elections-related queries are surfacing authoritative sources and the majority of time, borderline content and harmful misinformation are not widely recommended by our systems.”\u003c/p>\n\u003cp>But what happens when a company fails to address flagged misinformation? Or fails to address it comprehensively?\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Since the polls opened on Tuesday, Twitter has seen a flurry conspiracy-charged hashtags related to mail-in ballots.\u003c/p>\n\u003cp>“Now, while we definitely saw Twitter taking action, labeling misleading or false information relating to the election on various prominent accounts, we found 152 tweets for which no action had been taken,” Sifry said. “I’m not talking about small accounts that have few followers. We’re talking about 84 different, high-visibility accounts with a combined total of 118.8 million followers.”\u003c/p>\n\u003cp>Around the time the ADL initially alerted Twitter to the tweets, they’d received nearly 2 million engagements (retweets, likes, etc.)\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Dave Sifry, vice president of ADL's Center for Technology and Society\"]‘We are in some sense in the business of finding needles in haystacks.’[/pullquote]“Upon rechecking [the following morning], 67 of those 152 tweets had been labeled as misinformation or annotated with election security information. But the 85 tweets to which Twitter did not respond received an additional 350,000 engagements,” Sifry said.\u003c/p>\n\u003cp>Twitter spokesman Trenton Kennedy responded, “Our teams are reviewing all the Tweets referenced … and will take enforcement action if they find violative content, in line with the Twitter Rules and our Civic Integrity Policy.”\u003c/p>\n\u003cp>As for misinformation spreading via search engines, ADL Senior Vice President of Policy Eileen Hershenov said the organization is tracking keywords related to things like violent militia groups and known conspiracy theories.\u003c/p>\n\u003cp>“The top 10 states where we’re seeing this: Arizona, Texas, Nevada, Idaho, Washington, Wisconsin, Arkansas, California, Oregon and West Virginia,” Hershenov said\u003c/p>\n\u003cp>Hershenov added that individuals who spot troubling conversations can either go directly to law enforcement agencies and social media platforms like the ADL does, or \u003ca href=\"https://www.adl.org/reportincident\" target=\"_blank\" rel=\"noopener noreferrer\">direct their concerns to the ADL\u003c/a> as a middle man.\u003c/p>\n\u003cp>“There are a lot of people blowing off steam, right?” Sifry said. “That’s totally OK. So we are in some sense in the business of finding needles in haystacks.”\u003c/p>\n\u003cp>And what happens after we do know the final outcome of the election? For the White House and other races, too?\u003c/p>\n\u003cp>“You know, this is not a time to let our guard down,” Segal said, warning that people inclined to concoct conspiracy theories will keep at it, long after the rest of us have moved on with our lives.\u003c/p>\n\u003cp>Especially known conspiracy theorists \u003ca href=\"https://www.nytimes.com/2020/11/03/us/politics/qanon-candidates-marjorie-taylor-greene.html\">just elected to Congress\u003c/a>, Hershenov added. The ADL, she said, sent a letter to congressional leaders on the issue.\u003c/p>\n\u003cp>“Look, we have free speech. They can say what they want. They can the assemble and associate with who they want. But we should not give them a platform in Congress. You should not put them in leadership positions, in committees, in caucuses,” Hershenov said.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>If you’ve been worried about disinformation or even violence threatening the legitimacy of this presidential election, you’re not alone. Hate speech watchers like the \u003ca href=\"https://www.adl.org\" target=\"_blank\" rel=\"noopener noreferrer\">Anti-Defamation League\u003c/a> are on high alert.\u003c/p>\n\u003cp>As several critical battleground states continue to count ballots, President Trump and some of his supporters continue to circulate misinformation about the election — lies which resulted in Twitter \u003ca href=\"https://www.theverge.com/2020/11/4/21548736/twitter-facebook-throttle-trump-tweet-election-theft\">applying warning labels\u003c/a> to the president’s tweets and permanently suspending an account belonging to former White House chief strategist \u003ca href=\"https://www.cnn.com/2020/11/05/tech/steve-bannon-twitter-permanent-suspension/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">Steve Bannon\u003c/a>. Facebook decided to \u003ca href=\"https://www.washingtonpost.com/technology/2020/11/05/facebook-trump-protests/\" target=\"_blank\" rel=\"noopener noreferrer\">remove the\u003c/a> #StoptheSteal campaign altogether.\u003c/p>\n\u003cp>But the lies are not just burning in the crispy underbrush of Twitter and Facebook.\u003c/p>\n\u003cp>“[They’re also moving] on TikTok, Parler and Telegram. Think of how many platforms you are aware of. Multiply that by 10,” said Oren Segal, vice president of ADL’s Center on Extremism.\u003c/p>\n\u003cp>Take, for example, Twitch, best known as a streaming site for video gamers and the people who like to watch them play and talk. Segal reports some of that talk during election season has been political. When that political talk veers into hate, harassment and misinformation, ADL representatives say they reach out to the Amazon-owned company’s trust and safety team to make sure they’re aware of what’s happening and taking steps to address it.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Where do you go when you want to understand where the threats of extremism are coming from? There’s 50 to 100 answers, but they’re all online platforms,” Segal said.\u003c/p>\n\u003cp>Are the bigger platforms we’re all familiar with enforcing the election season policies they’ve put into place? To varying degrees of effectiveness.\u003c/p>\n\u003cp>Dave Sifry, vice president of the ADL’s Center for Technology and Society, said that some YouTube channels — including ones with more than 1 million subscribers — live-streamed fake election results to tens of thousands of people on Election Day.\u003c/p>\n\u003cp>“Some of those channels were even able to make money from ads,” he said.\u003c/p>\n\u003cp>Sifry took issue with another YouTube election season policy regarding the labeling of potential misinformation.\u003c/p>\n\u003cp>“Even when they take the ads off, [the label] says things like ‘Results may not be final. See the latest on Google,’ ” he said, steering viewers to the search engine owned by YouTube’s parent company. That’s in contrast with other platforms that link directly to election results, or company statements about misleading and inaccurate information.\u003c/p>\n\u003cp>A YouTube spokeswoman responded that the platform takes down livestreams that violate its community guidelines, in accordance with established policies \u003ca href=\"https://support.google.com/youtube/answer/2801973?hl=en\">prohibiting spam, deceptive practices and scams\u003c/a>.\u003c/p>\n\u003cp>“All search results and videos about this election are accompanied by an information panel noting that election results may not be final and linking to Google’s election results feature. The language is similar to what other companies are using,” wrote YouTube’s Ivy Choi. “The vast majority of elections-related queries are surfacing authoritative sources and the majority of time, borderline content and harmful misinformation are not widely recommended by our systems.”\u003c/p>\n\u003cp>But what happens when a company fails to address flagged misinformation? Or fails to address it comprehensively?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Upon rechecking [the following morning], 67 of those 152 tweets had been labeled as misinformation or annotated with election security information. But the 85 tweets to which Twitter did not respond received an additional 350,000 engagements,” Sifry said.\u003c/p>\n\u003cp>Twitter spokesman Trenton Kennedy responded, “Our teams are reviewing all the Tweets referenced … and will take enforcement action if they find violative content, in line with the Twitter Rules and our Civic Integrity Policy.”\u003c/p>\n\u003cp>As for misinformation spreading via search engines, ADL Senior Vice President of Policy Eileen Hershenov said the organization is tracking keywords related to things like violent militia groups and known conspiracy theories.\u003c/p>\n\u003cp>“The top 10 states where we’re seeing this: Arizona, Texas, Nevada, Idaho, Washington, Wisconsin, Arkansas, California, Oregon and West Virginia,” Hershenov said\u003c/p>\n\u003cp>Hershenov added that individuals who spot troubling conversations can either go directly to law enforcement agencies and social media platforms like the ADL does, or \u003ca href=\"https://www.adl.org/reportincident\" target=\"_blank\" rel=\"noopener noreferrer\">direct their concerns to the ADL\u003c/a> as a middle man.\u003c/p>\n\u003cp>“There are a lot of people blowing off steam, right?” Sifry said. “That’s totally OK. So we are in some sense in the business of finding needles in haystacks.”\u003c/p>\n\u003cp>And what happens after we do know the final outcome of the election? For the White House and other races, too?\u003c/p>\n\u003cp>“You know, this is not a time to let our guard down,” Segal said, warning that people inclined to concoct conspiracy theories will keep at it, long after the rest of us have moved on with our lives.\u003c/p>\n\u003cp>Especially known conspiracy theorists \u003ca href=\"https://www.nytimes.com/2020/11/03/us/politics/qanon-candidates-marjorie-taylor-greene.html\">just elected to Congress\u003c/a>, Hershenov added. The ADL, she said, sent a letter to congressional leaders on the issue.\u003c/p>\n\u003cp>“Look, we have free speech. They can say what they want. They can the assemble and associate with who they want. But we should not give them a platform in Congress. You should not put them in leadership positions, in committees, in caucuses,” Hershenov said.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Californians approved a ballot measure to expand the state’s landmark Consumer Privacy Act (CCPA) of 2018. The measure was passing with 56% of the vote on Wednesday.\u003c/p>\n\u003cp>Proposition 24 – also known as the California Privacy Rights and Enforcement Act of 2020 – will create a new state agency to enforce the CCPA. It will also create different tiers of data, levying stiffer fines on the misuse of “sensitive” data, like location or race. However, only companies that buy and sell the data from at least 100,000 customers a year would have to comply.\u003cbr>\n[aside label=\"More on Proposition 24\" link1='https://www.kqed.org/voterguide/proposition-24-data-privacy,Proposition 24: Should California change its data privacy law?' link2='https://www.kqed.org/elections/results#californiapropositions,Proposition 24: Live Election Results' hero=https://ww2.kqed.org/app/uploads/2020/10/KQED-Election-2020-Aside-Prop-24.png]\u003cbr>\n“We are at the beginning of a journey that will profoundly shape the fabric of our society by redefining who is in control of our most personal information and putting consumers back in charge of their own data,” said Alastair Mactaggart, chair of Californians for Consumer Privacy and Proposition 24’s sponsor. “I’m looking forward to the work ahead and the next steps in implementing this law, including setting up a commission that is dedicated to protecting consumers online.”\u003c/p>\n\u003cp>The CCPA, which took effect in January of this year, requires companies to disclose what data they are collecting while allowing consumers to limit or stop collection. Under the legislation, however, consumers can sue companies only if negligence led to the exposure of their data. Otherwise, the option to litigate remains with the state attorney general’s office.\u003c/p>\n\u003cp>The general outlines of the CCPA owe much to what was originally a ballot proposition also backed Mactaggart, a Bay Area real estate developer, in 2018. He agreed to drop the ballot measure in exchange for more easily amendable legislation – but unhappy with the amendments that followed, he decided to finance another ballot measure, Proposition 24, framing it as his preferred set of “fixes” to the CCPA.\u003c/p>\n\u003cp>Mactaggart spent more than $6.5 million on Proposition 24, dwarfing the amount donated by any other supporter, and the $52,000 raised by the campaign against it.\u003c/p>\n\u003cp>“It’s unexpectedly close, which affirms that Californians’ privacy rights are not for sale. Thankfully, groups like ACLU and EFF will fight for truly strong privacy legislation to give all Americans control over their personal information,” said Mary Ross, erstwhile ally of Mactaggart who led the No on 24 campaign.\u003c/p>\n\u003ch2>Data privacy advocates split on Proposition 24\u003c/h2>\n\u003cp>Its complexity – the ballot measure ran over 50 pages – was also an impediment to widespread enthusiasm and debate. Many privacy watchers say California voters like data privacy as a general concept and were willing to presume the best about Proposition 24.\u003c/p>\n\u003cp>“Only about \u003ca href=\"https://www.mediapro.com/blog/2019-eye-on-privacy-report-mediapro/\" target=\"_blank\" rel=\"noopener noreferrer\">half\u003c/a> of U.S.-based workers are aware of the CCPA, though those numbers are likely higher in California,” wrote Maureen Mahoney, a policy analyst with Consumer Reports. “However, many companies haven’t made a good-faith effort to comply with the CCPA — companies including Google, Facebook, Amazon and Spotify claim that the opt-out doesn’t apply to their data practices, and consumers who tried to stop this data sharing were likely frustrated. Prop. 24 will help close up loopholes that companies have exploited to avoid complying with the CCPA, which will help ensure that consumers will be able to effectively exercise the privacy rights that they value.”\u003c/p>\n\u003cp>Voters “have no idea that the CCPA already gives them most of the rights in [Proposition 24],” said Santa Clara University law professor Eric Goldman, who co-directs the school’s High Tech Law Institute. “Thus, many voters voted yes … because they mistakenly think it’s necessary to get any privacy rights at all.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ca href=\"https://consumerreports.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Consumer Reports\u003c/a> and \u003ca href=\"https://www.commonsensemedia.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Common Sense\u003c/a> were in the “yes” camp, along with \u003ca href=\"https://www.yang2020.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Andrew Yang\u003c/a>, a former presidential candidate who was one of the foremost techies on the early campaign trail.\u003c/p>\n\u003cp>On the “no” side were the \u003ca href=\"https://consumercal.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Consumer Federation of California\u003c/a>, \u003ca href=\"https://media-alliance.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Media Alliance\u003c/a> and a couple chapters of the \u003ca href=\"https://www.aclu.org/\" target=\"_blank\" rel=\"noopener noreferrer\">American Civil Liberties Union\u003c/a>.\u003c/p>\n\u003cp>Even before Proposition 24’s big win, California was leading the nation on consumer data privacy, given the absence of comprehensive federal legislation. Does that mean California’s new law will serve as a model for future federal legislation? That remains an open question, but Proposition 24’s backers have high hopes. \u003c/p>\n\u003cp>“It will sweep the country and I’m grateful to Californians for setting a new higher standard for how our data is treated,” Yang wrote.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Californians approved a ballot measure to expand the state’s landmark Consumer Privacy Act (CCPA) of 2018. The measure was passing with 56% of the vote on Wednesday.\u003c/p>\n\u003cp>Proposition 24 – also known as the California Privacy Rights and Enforcement Act of 2020 – will create a new state agency to enforce the CCPA. It will also create different tiers of data, levying stiffer fines on the misuse of “sensitive” data, like location or race. However, only companies that buy and sell the data from at least 100,000 customers a year would have to comply.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n“We are at the beginning of a journey that will profoundly shape the fabric of our society by redefining who is in control of our most personal information and putting consumers back in charge of their own data,” said Alastair Mactaggart, chair of Californians for Consumer Privacy and Proposition 24’s sponsor. “I’m looking forward to the work ahead and the next steps in implementing this law, including setting up a commission that is dedicated to protecting consumers online.”\u003c/p>\n\u003cp>The CCPA, which took effect in January of this year, requires companies to disclose what data they are collecting while allowing consumers to limit or stop collection. Under the legislation, however, consumers can sue companies only if negligence led to the exposure of their data. Otherwise, the option to litigate remains with the state attorney general’s office.\u003c/p>\n\u003cp>The general outlines of the CCPA owe much to what was originally a ballot proposition also backed Mactaggart, a Bay Area real estate developer, in 2018. He agreed to drop the ballot measure in exchange for more easily amendable legislation – but unhappy with the amendments that followed, he decided to finance another ballot measure, Proposition 24, framing it as his preferred set of “fixes” to the CCPA.\u003c/p>\n\u003cp>Mactaggart spent more than $6.5 million on Proposition 24, dwarfing the amount donated by any other supporter, and the $52,000 raised by the campaign against it.\u003c/p>\n\u003cp>“It’s unexpectedly close, which affirms that Californians’ privacy rights are not for sale. Thankfully, groups like ACLU and EFF will fight for truly strong privacy legislation to give all Americans control over their personal information,” said Mary Ross, erstwhile ally of Mactaggart who led the No on 24 campaign.\u003c/p>\n\u003ch2>Data privacy advocates split on Proposition 24\u003c/h2>\n\u003cp>Its complexity – the ballot measure ran over 50 pages – was also an impediment to widespread enthusiasm and debate. Many privacy watchers say California voters like data privacy as a general concept and were willing to presume the best about Proposition 24.\u003c/p>\n\u003cp>“Only about \u003ca href=\"https://www.mediapro.com/blog/2019-eye-on-privacy-report-mediapro/\" target=\"_blank\" rel=\"noopener noreferrer\">half\u003c/a> of U.S.-based workers are aware of the CCPA, though those numbers are likely higher in California,” wrote Maureen Mahoney, a policy analyst with Consumer Reports. “However, many companies haven’t made a good-faith effort to comply with the CCPA — companies including Google, Facebook, Amazon and Spotify claim that the opt-out doesn’t apply to their data practices, and consumers who tried to stop this data sharing were likely frustrated. Prop. 24 will help close up loopholes that companies have exploited to avoid complying with the CCPA, which will help ensure that consumers will be able to effectively exercise the privacy rights that they value.”\u003c/p>\n\u003cp>Voters “have no idea that the CCPA already gives them most of the rights in [Proposition 24],” said Santa Clara University law professor Eric Goldman, who co-directs the school’s High Tech Law Institute. “Thus, many voters voted yes … because they mistakenly think it’s necessary to get any privacy rights at all.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://consumerreports.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Consumer Reports\u003c/a> and \u003ca href=\"https://www.commonsensemedia.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Common Sense\u003c/a> were in the “yes” camp, along with \u003ca href=\"https://www.yang2020.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Andrew Yang\u003c/a>, a former presidential candidate who was one of the foremost techies on the early campaign trail.\u003c/p>\n\u003cp>On the “no” side were the \u003ca href=\"https://consumercal.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Consumer Federation of California\u003c/a>, \u003ca href=\"https://media-alliance.org/\" target=\"_blank\" rel=\"noopener noreferrer\">Media Alliance\u003c/a> and a couple chapters of the \u003ca href=\"https://www.aclu.org/\" target=\"_blank\" rel=\"noopener noreferrer\">American Civil Liberties Union\u003c/a>.\u003c/p>\n\u003cp>Even before Proposition 24’s big win, California was leading the nation on consumer data privacy, given the absence of comprehensive federal legislation. Does that mean California’s new law will serve as a model for future federal legislation? That remains an open question, but Proposition 24’s backers have high hopes. \u003c/p>\n\u003cp>“It will sweep the country and I’m grateful to Californians for setting a new higher standard for how our data is treated,” Yang wrote.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "Misinformation on WeChat Attempts to Frighten Chinese Americans Out of Voting",
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"content": "\u003cp>\u003cem>This article is co-published with \u003ca href=\"https://www.propublica.org/\">ProPublica\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>At least two dozen groups on the Chinese-owned social media app WeChat have been circulating misinformation that the U.S. Department of Homeland Security is “preparing to mobilize” the National Guard and “dispatch” the military to quell impending riots, apparently in an attempt to frighten Chinese Americans into staying home on Election Day.\u003c/p>\n\u003cp>The misinformation, which takes the form of a photo of a flyer and is in both English and Chinese, also warns that the government plans to impose a national two-week quarantine and close all businesses.\u003c/p>\n\u003cp>“They will announce this as soon as they have troops in place to prevent looters and rioters,” it states. The flyer originally appeared on WeChat during the first surge of the pandemic, and it later spread to other social media. It recently resurfaced on WeChat.\u003c/p>\n\u003cp>“I’m sure thousands of people have seen that. I’m sure that it’s pretty widespread,” said Shaw San Liu, executive director of the Chinese Progressive Association in San Francisco, which has been tracking the flyer and other misinformation on WeChat. “We’re really concerned about making sure we get some good counterinformation, facts out there so that people are not discouraged because this is the last stretch.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Carly Liu, San Francisco\"]‘It makes us feel more scared … I do think if there were (people) who were going to vote in-person on Nov. 3, they may definitely be deterred from going out in person.’[/pullquote]\u003c/p>\n\u003cp>Nahaku McFadden, a spokesperson for the National Guard, called the flyer “categorically false,” adding that DHS “does not have the authority to mobilize the National Guard,” which is under the control of state governors, and that “there is no discussion of a nationwide quarantine.”\u003c/p>\n\u003cp>ProPublica’s \u003ca href=\"https://www.propublica.org/electionland/\">Electionland\u003c/a> project first received a tip about the flyer from a San Francisco resident whose elderly mother received it.\u003c/p>\n\u003cp>“My mother is not proficient in English, but she read the Chinese part and started freaking out,” the woman, who gave her first name as Dora, said. “It is clearly to keep people from the polls.”\u003c/p>\n\u003cfigure id=\"attachment_11844969\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11844969\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/CPA-Flyer-WeChat.jpg\" alt=\"flyer debunking disinformation on WeChat\" width=\"800\" height=\"1200\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/CPA-Flyer-WeChat.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/CPA-Flyer-WeChat-160x240.jpg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">This flyer was created by the Chinese Progressive Association after reporting from KQED and ProPublica to combat misinformation in the Chinese community. \u003ccite>(Chinese Progressive Association)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Although the Trump administration has tried to ban WeChat, a spate of recent misinformation on the app appears aimed at boosting the president’s reelection campaign by deterring Chinese Americans from voting Democratic.\u003c/p>\n\u003cp>“Shameful democrats, truly shameful,” runs one frequently shared message, which KQED translated from Chinese. “Without our consent, they made everyone permanent mail in ballot voters. Also, some people’s political registration has been changed to ‘independent’ or ‘democrat.’ ”\u003c/p>\n\u003cp>Another asserts that “90 percent of media is controlled by Democrats, 60 percent of college professors are left wing. That means America’s population, culture, wealth, media, and education are in the hands of Democrats. Trump and Republicans are in a very dangerous situation.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Owned by Shenzhen-based Tencent Holdings Ltd, WeChat is among the world’s largest social media apps, boasting more than 1 billion active monthly users, mostly in China. Chinese Americans, who once used it primarily to communicate with family back home, have increasingly formed chat groups on the app for everything from sharing recipes to organizing rent strikes. \u003ca href=\"https://www.nbcnews.com/news/asian-america/how-chinese-language-media-u-s-are-debunking-wechat-coronavirus-n1156621\">During the pandemic\u003c/a> and the presidential campaign, dozens of groups have promulgated misinformation without it being flagged or removed.\u003c/p>\n\u003cp>As of Saturday night, WeChat had received no recent complaints regarding the flyer about the National Guard, though there may have been some when the image first circulated in late March and early April, a person familiar with WeChat’s policies said. Unlike Facebook and Twitter, which have started to crack down on false information, WeChat is almost entirely reliant on individual users to report misinformation, the person said. Users agree on signing up not to post “fraudulent, false, misleading or deceptive” information on the platform.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='election-explainers']\u003c/p>\n\u003cp>The person also said that, unlike some U.S.-based social media companies, WeChat has no specific relationship with the federal government to track or report misinformation. WeChat’s user base in this country is far smaller — “in the low single-digit millions” — than that of Facebook or Twitter. Asian Americans, many of whom reportedly use WeChat, make up 36% of San Francisco’s population. DHS officials said they were unaware of any efforts by WeChat or the federal government to partner to address election misinformation.\u003c/p>\n\u003cp>The Trump administration wrote a series of rules \u003ca href=\"https://www.kqed.org/news/11834806/wechat-ban-and-sfs-chinatown-how-trumps-plan-could-hurt-housing-rights-campaigns\">that would have effectively banned downloads of WeChat\u003c/a> and the video-sharing app TikTok in the U.S. this fall. On Sept. 20, the day they were to go into effect, a federal judge stayed the ruling, giving WeChat a reprieve. The app can be downloaded for free with no restrictions in the U.S.\u003c/p>\n\u003cp>DHS officials said that the FBI handles most investigations of domestic misinformation and election interference. The FBI declined to comment on whether it is investigating the flyer or on any other interactions with WeChat.\u003c/p>\n\u003cp>“The FBI remains in close touch with all of our interagency partners and social media and technology companies to enable a quick exchange of threat information,” said Sutton Roach, a spokesperson for the bureau.\u003c/p>\n\u003cp>Misinformation on WeChat is not a new phenomenon. A 2018 study by the Columbia Journalism Review found that political discourse on WeChat is “asymmetrically polarized” and “especially vulnerable to political misinformation” such as unfounded right-wing conspiracy theories. Most of this misinformation \u003ca href=\"https://www.cjr.org/tow_center/wechat-misinformation-china.php\">is spread in large chat rooms\u003c/a>, like the ones the Chinese Progressive Association has observed in San Francisco.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Shaw San Liu, Chinese Progressive Association\"]‘This conflation of racial justice and Black Lives Matters with riots as a white right-wing talking point, that is very much being brought into the Chinese right-wing analysis.’[/pullquote]\u003c/p>\n\u003cp>After similar reports of misinformation in Australia, WeChat blocked Australian users from seeing the content of problematic accounts flagged by the Australian government. WeChat worked with Austrian regulators to help ensure that information on official accounts – which require verification and payment by account owners – complied with local laws banning the dissemination of misinformation.\u003c/p>\n\u003ch3>Stemming the Tide\u003c/h3>\n\u003cp>Without intervention from WeChat, responsibility for pushing back against misinformation has often fallen on younger members of Chinese American families, said Kitty Fong, a San Francisco resident and president of the Rose Pak Democratic Club.\u003c/p>\n\u003cp>One evening in October, the 32-year-old Fong walked into her family kitchen to get some water. Her mother was cooking spare ribs and rice, and over the simmering meat she turned to Fong to ask if she’d heard the rumor on WeChat that riots were coming on the heels of the election, and that families should stock up on food and other goods. The flyer warning about mobilizing the National Guard also encourages people to “stock up on whatever you need to make sure you have a two week supply of everything.”\u003c/p>\n\u003cp>Carly Liu, a San Francisco resident who lives in the South of Market neighborhood, said she thinks that misinformation on WeChat has swayed her community. The messages echo claims on right-wing websites that presidential candidate Joe Biden and his son Hunter are corrupt and being investigated, and that there’s a media cover-up.\u003c/p>\n\u003cp>Biden “should be arrested and prosecuted for racketeering charges,” one WeChat message says. “This very serious case is ignored and censored by mainstream media.”\u003c/p>\n\u003cp>Such messages “actually convinced some people to vote for Trump because they weren’t sure they can trust Biden,” Liu said.\u003c/p>\n\u003cp>While she is not a U.S. citizen, Liu helped her parents, who are in their 80s, to vote. But Liu has seen misinformation popping up on WeChat that gave her pause about going outside to help them cast their ballot.\u003c/p>\n\u003cp>Just Tuesday she saw a photo spreading on WeChat of a local Social Security office with boarded up windows, accompanied by the flyer warning of riots.\u003c/p>\n\u003cp>“It makes us feel more scared,” Liu said in Cantonese. “I do think if there were (people) who were going to vote in-person on Nov. 3, they may definitely be deterred from going out in person.”\u003c/p>\n\u003cp>[aside postID=news_11844284 hero='https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS45228_019_KQED_SanFrancisco_VotingCenter_10052020-qut-1020x680.jpg']Shaw San Liu, from the Chinese Progressive Association, said that robberies publicized in Chinese media, racist insults on the rise amid the pandemic and physical attacks have led some in San Francisco’s Chinese American community to feel isolated and unsupported by the government and to be more receptive to right-wing extremism.\u003c/p>\n\u003cp>“So there is this very much deep-seated narrative that has been building in the community around the Chinese community being victimized. The Chinese community being attacked,” Liu said. That has fostered anti-homeless, anti-queer, anti-Black sentiment in the community, she added. “This conflation of racial justice and Black Lives Matters with riots as a white right-wing talking point, that is very much being brought into the Chinese right-wing analysis.”\u003c/p>\n\u003cp>After groups on WeChat first spread the flyer in late March, the National Guard stamped the flyer “FALSE” in a tweet. The hoax resurfaced again in the last few weeks, spurring fears of voter suppression. This past weekend, KQED showed the Guard’s tweet to the Chinese Progressive Association, which translated it into Chinese to warn the community.\u003c/p>\n\u003cp>But Liu said she’s worried that the association can’t reach everyone who is exposed to the misinformation on WeChat.\u003c/p>\n\u003cp>“How do we make interventions in the WeChat space?” Liu said. “How do we reach out to our community when they’re sometimes literally bombarded with messages that are untrue, misleading and confusing, causing fear and division?”\u003c/p>\n\u003cp>\u003cem>This story was produced with the help of a tip reported through \u003ca href=\"https://www.propublica.org/electionland/\">ProPublica’s Electionland project\u003c/a>. If you experience or witness a problem voting, \u003ca href=\"https://www.propublica.org/electionland/\">please let us know\u003c/a>. \u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"nprByline": "\u003ca href=\"https://www.kqed.org/author/jrodriguez\">Joe Fitzgerald Rodriguez\u003c/a> and \u003ca href=\"https://twitter.com/linshannonlin?lang=en\">Shannon Lin\u003c/a>, KQED \u003cbr> \u003ca href=\"https://www.propublica.org/people/jessica-huseman\">Jessica Huseman\u003c/a>, ProPublica",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>This article is co-published with \u003ca href=\"https://www.propublica.org/\">ProPublica\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>At least two dozen groups on the Chinese-owned social media app WeChat have been circulating misinformation that the U.S. Department of Homeland Security is “preparing to mobilize” the National Guard and “dispatch” the military to quell impending riots, apparently in an attempt to frighten Chinese Americans into staying home on Election Day.\u003c/p>\n\u003cp>The misinformation, which takes the form of a photo of a flyer and is in both English and Chinese, also warns that the government plans to impose a national two-week quarantine and close all businesses.\u003c/p>\n\u003cp>“They will announce this as soon as they have troops in place to prevent looters and rioters,” it states. The flyer originally appeared on WeChat during the first surge of the pandemic, and it later spread to other social media. It recently resurfaced on WeChat.\u003c/p>\n\u003cp>“I’m sure thousands of people have seen that. I’m sure that it’s pretty widespread,” said Shaw San Liu, executive director of the Chinese Progressive Association in San Francisco, which has been tracking the flyer and other misinformation on WeChat. “We’re really concerned about making sure we get some good counterinformation, facts out there so that people are not discouraged because this is the last stretch.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘It makes us feel more scared … I do think if there were (people) who were going to vote in-person on Nov. 3, they may definitely be deterred from going out in person.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nahaku McFadden, a spokesperson for the National Guard, called the flyer “categorically false,” adding that DHS “does not have the authority to mobilize the National Guard,” which is under the control of state governors, and that “there is no discussion of a nationwide quarantine.”\u003c/p>\n\u003cp>ProPublica’s \u003ca href=\"https://www.propublica.org/electionland/\">Electionland\u003c/a> project first received a tip about the flyer from a San Francisco resident whose elderly mother received it.\u003c/p>\n\u003cp>“My mother is not proficient in English, but she read the Chinese part and started freaking out,” the woman, who gave her first name as Dora, said. “It is clearly to keep people from the polls.”\u003c/p>\n\u003cfigure id=\"attachment_11844969\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11844969\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/11/CPA-Flyer-WeChat.jpg\" alt=\"flyer debunking disinformation on WeChat\" width=\"800\" height=\"1200\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/CPA-Flyer-WeChat.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/11/CPA-Flyer-WeChat-160x240.jpg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">This flyer was created by the Chinese Progressive Association after reporting from KQED and ProPublica to combat misinformation in the Chinese community. \u003ccite>(Chinese Progressive Association)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Although the Trump administration has tried to ban WeChat, a spate of recent misinformation on the app appears aimed at boosting the president’s reelection campaign by deterring Chinese Americans from voting Democratic.\u003c/p>\n\u003cp>“Shameful democrats, truly shameful,” runs one frequently shared message, which KQED translated from Chinese. “Without our consent, they made everyone permanent mail in ballot voters. Also, some people’s political registration has been changed to ‘independent’ or ‘democrat.’ ”\u003c/p>\n\u003cp>Another asserts that “90 percent of media is controlled by Democrats, 60 percent of college professors are left wing. That means America’s population, culture, wealth, media, and education are in the hands of Democrats. Trump and Republicans are in a very dangerous situation.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Owned by Shenzhen-based Tencent Holdings Ltd, WeChat is among the world’s largest social media apps, boasting more than 1 billion active monthly users, mostly in China. Chinese Americans, who once used it primarily to communicate with family back home, have increasingly formed chat groups on the app for everything from sharing recipes to organizing rent strikes. \u003ca href=\"https://www.nbcnews.com/news/asian-america/how-chinese-language-media-u-s-are-debunking-wechat-coronavirus-n1156621\">During the pandemic\u003c/a> and the presidential campaign, dozens of groups have promulgated misinformation without it being flagged or removed.\u003c/p>\n\u003cp>As of Saturday night, WeChat had received no recent complaints regarding the flyer about the National Guard, though there may have been some when the image first circulated in late March and early April, a person familiar with WeChat’s policies said. Unlike Facebook and Twitter, which have started to crack down on false information, WeChat is almost entirely reliant on individual users to report misinformation, the person said. Users agree on signing up not to post “fraudulent, false, misleading or deceptive” information on the platform.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The person also said that, unlike some U.S.-based social media companies, WeChat has no specific relationship with the federal government to track or report misinformation. WeChat’s user base in this country is far smaller — “in the low single-digit millions” — than that of Facebook or Twitter. Asian Americans, many of whom reportedly use WeChat, make up 36% of San Francisco’s population. DHS officials said they were unaware of any efforts by WeChat or the federal government to partner to address election misinformation.\u003c/p>\n\u003cp>The Trump administration wrote a series of rules \u003ca href=\"https://www.kqed.org/news/11834806/wechat-ban-and-sfs-chinatown-how-trumps-plan-could-hurt-housing-rights-campaigns\">that would have effectively banned downloads of WeChat\u003c/a> and the video-sharing app TikTok in the U.S. this fall. On Sept. 20, the day they were to go into effect, a federal judge stayed the ruling, giving WeChat a reprieve. The app can be downloaded for free with no restrictions in the U.S.\u003c/p>\n\u003cp>DHS officials said that the FBI handles most investigations of domestic misinformation and election interference. The FBI declined to comment on whether it is investigating the flyer or on any other interactions with WeChat.\u003c/p>\n\u003cp>“The FBI remains in close touch with all of our interagency partners and social media and technology companies to enable a quick exchange of threat information,” said Sutton Roach, a spokesperson for the bureau.\u003c/p>\n\u003cp>Misinformation on WeChat is not a new phenomenon. A 2018 study by the Columbia Journalism Review found that political discourse on WeChat is “asymmetrically polarized” and “especially vulnerable to political misinformation” such as unfounded right-wing conspiracy theories. Most of this misinformation \u003ca href=\"https://www.cjr.org/tow_center/wechat-misinformation-china.php\">is spread in large chat rooms\u003c/a>, like the ones the Chinese Progressive Association has observed in San Francisco.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘This conflation of racial justice and Black Lives Matters with riots as a white right-wing talking point, that is very much being brought into the Chinese right-wing analysis.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>After similar reports of misinformation in Australia, WeChat blocked Australian users from seeing the content of problematic accounts flagged by the Australian government. WeChat worked with Austrian regulators to help ensure that information on official accounts – which require verification and payment by account owners – complied with local laws banning the dissemination of misinformation.\u003c/p>\n\u003ch3>Stemming the Tide\u003c/h3>\n\u003cp>Without intervention from WeChat, responsibility for pushing back against misinformation has often fallen on younger members of Chinese American families, said Kitty Fong, a San Francisco resident and president of the Rose Pak Democratic Club.\u003c/p>\n\u003cp>One evening in October, the 32-year-old Fong walked into her family kitchen to get some water. Her mother was cooking spare ribs and rice, and over the simmering meat she turned to Fong to ask if she’d heard the rumor on WeChat that riots were coming on the heels of the election, and that families should stock up on food and other goods. The flyer warning about mobilizing the National Guard also encourages people to “stock up on whatever you need to make sure you have a two week supply of everything.”\u003c/p>\n\u003cp>Carly Liu, a San Francisco resident who lives in the South of Market neighborhood, said she thinks that misinformation on WeChat has swayed her community. The messages echo claims on right-wing websites that presidential candidate Joe Biden and his son Hunter are corrupt and being investigated, and that there’s a media cover-up.\u003c/p>\n\u003cp>Biden “should be arrested and prosecuted for racketeering charges,” one WeChat message says. “This very serious case is ignored and censored by mainstream media.”\u003c/p>\n\u003cp>Such messages “actually convinced some people to vote for Trump because they weren’t sure they can trust Biden,” Liu said.\u003c/p>\n\u003cp>While she is not a U.S. citizen, Liu helped her parents, who are in their 80s, to vote. But Liu has seen misinformation popping up on WeChat that gave her pause about going outside to help them cast their ballot.\u003c/p>\n\u003cp>Just Tuesday she saw a photo spreading on WeChat of a local Social Security office with boarded up windows, accompanied by the flyer warning of riots.\u003c/p>\n\u003cp>“It makes us feel more scared,” Liu said in Cantonese. “I do think if there were (people) who were going to vote in-person on Nov. 3, they may definitely be deterred from going out in person.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Shaw San Liu, from the Chinese Progressive Association, said that robberies publicized in Chinese media, racist insults on the rise amid the pandemic and physical attacks have led some in San Francisco’s Chinese American community to feel isolated and unsupported by the government and to be more receptive to right-wing extremism.\u003c/p>\n\u003cp>“So there is this very much deep-seated narrative that has been building in the community around the Chinese community being victimized. The Chinese community being attacked,” Liu said. That has fostered anti-homeless, anti-queer, anti-Black sentiment in the community, she added. “This conflation of racial justice and Black Lives Matters with riots as a white right-wing talking point, that is very much being brought into the Chinese right-wing analysis.”\u003c/p>\n\u003cp>After groups on WeChat first spread the flyer in late March, the National Guard stamped the flyer “FALSE” in a tweet. The hoax resurfaced again in the last few weeks, spurring fears of voter suppression. This past weekend, KQED showed the Guard’s tweet to the Chinese Progressive Association, which translated it into Chinese to warn the community.\u003c/p>\n\u003cp>But Liu said she’s worried that the association can’t reach everyone who is exposed to the misinformation on WeChat.\u003c/p>\n\u003cp>“How do we make interventions in the WeChat space?” Liu said. “How do we reach out to our community when they’re sometimes literally bombarded with messages that are untrue, misleading and confusing, causing fear and division?”\u003c/p>\n\u003cp>\u003cem>This story was produced with the help of a tip reported through \u003ca href=\"https://www.propublica.org/electionland/\">ProPublica’s Electionland project\u003c/a>. If you experience or witness a problem voting, \u003ca href=\"https://www.propublica.org/electionland/\">please let us know\u003c/a>. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Why Are the 49ers Spending Millions on a City Council Race? Ask Jed York",
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"content": "\u003cp>Political action committees (PACs) spent more than $3 million on the city council race in Santa Clara, a city of roughly 130,000 people in the heart of Silicon Valley. That outlay of cash is raising eyebrows among voters — and even the candidates themselves.\u003c/p>\n\u003cp>“It appears that one is trying to gain some private benefit from [those donations] and put private interests ahead of the public interests,” said John Pelissero, a senior fellow at Santa Clara University’s \u003ca href=\"https://www.scu.edu/ethics/\" target=\"_blank\" rel=\"noopener noreferrer\">Markkula Center for Applied Ethics\u003c/a>.\u003c/p>\n\u003cp>The money, most of it from Jed York, the owner of the San Francisco 49ers football team, highlights an ongoing conflict between the team and the Santa Clara City Council. York’s money is flowing to a block of city council candidates that largely come from outside of politics and are challenging incumbents or candidates backed by the current council.\u003c/p>\n\u003cp>Beginning in late September, York began donating money to a PAC founded by former Congressman Mike Honda, called the \u003ca href=\"https://www.facebook.com/CEGFVR/\" target=\"_blank\" rel=\"noopener noreferrer\">Citizens for Efficient Government and Full Voting Rights\u003c/a>. Independent expenditure documents show that York donated $250,000 on Sept. 30, $800,000 on Oct. 1, $300,000 on Oct. 6, $950,000 on Oct. 13 and $600,000 on Oct. 19.\u003c/p>\n\u003cp>All that money is going towards campaign mailers and television ads supporting four candidates: Suds Jain, Harbir Bhatia, Kevin Park and Anthony Becker. The PAC is also spending on ads attacking incumbent candidates Kathy Watanabe and Teresa O’Neill as well as Robert Mezzetti and Bob O’Keefe.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Since 2014, York and the City Council have been at odds over the management of Levi’s Stadium, which was built for the 49ers to play in. The two parties have fought over a number of issues, including curfews for events held at the stadium, changes in management agreements, the payment of stadium employees and late rent payments.\u003c/p>\n\u003cp>As these disagreements escalated, York has become increasingly involved in local politics. During the March elections, York started a PAC called No on C-Santa Clarans for Full Voting Rights, which worked towards defeating the local \u003ca href=\"https://www.kqed.org/news/11803793/santa-claras-measure-c-a-fight-over-dark-money-and-district-lines\">Measure C\u003c/a>, which would have condensed the city’s six voting districts into three. York donated $330,000 to defeat the measure, and it eventually failed.\u003c/p>\n\u003cp>This fall, with nearly $3 million in donations, York’s involvement has risen to a whole new scale.\u003c/p>\n\u003cp>49ers spokesman Rahul Chandhok said the team wants to support candidates that represent diversity and will uphold voting rights in the city the football team calls home.\u003c/p>\n\u003cp>Park, who is running for a council seat in District 4, has raised about $16,000 on his own. Honda’s PAC — funded by York — spent more than $370,000 on mailers and ads supporting his run.\u003c/p>\n\u003cp>[aside label=\"election 2020 coverage\" tag=\"election-2020\"]\u003c/p>\n\u003cp>Park thinks that the candidates who are benefiting from York’s support are increasingly being grouped together in the minds of voters.\u003c/p>\n\u003cp>“We’re running individual campaigns,” said Park. “But people understand there is a fight between the incumbent-backed candidates and the independent candidates. It is a little bit of a battle of one team versus another.”\u003c/p>\n\u003cp>Park said he was surprised to learn that York backed his campaign, especially since he was opposed to the football team’s moving to Santa Clara back in 2014. But over the past few years, Park has felt the city hasn’t cooperated with the 49ers and has failed to talk to them reasonably. He figures Jed York supports his run because he can be more understanding.\u003c/p>\n\u003cp>“The 49ers are more willing to work with a group of people that opposes them but is willing to talk, as opposed to a group of people, like the current city council, that opposes them but doesn’t want to talk,” Park said.\u003c/p>\n\u003cp>But O’Neill, the incumbent who is running against Park, is suspicious of York’s motives. She has been on the city council since 2007 and feels that the 49ers are a behemoth and that it requires skill, patience and skepticism to handle their complicated contract. She said that she has tried to cooperate and “play nice” with the football team, but got “steamrolled” in the process.\u003c/p>\n\u003cp>“I’m scared — not for myself — I will be fine,” O’Neill said. “But I’m scared for Santa Clara because I don’t think some of these people that are running, I don’t think they realize what they’re up against.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\" Jessica Levinson, Loyola Marymount Law School professor\"]‘The concern is that candidates are overly responsive to monied interests and if it doesn’t change the way they vote, [then] it might change the way they listen or talk.’[/pullquote]\u003c/p>\n\u003cp>She’s not alone in her skepticism. \u003ca href=\"https://scpoapac.com/\" target=\"_blank\" rel=\"noopener noreferrer\">The Santa Clara Police Association PAC\u003c/a> has spent a little more than $70,000 on a campaign supporting the incumbent and city council-backed candidates and opposing the political newcomers. In early October, the association created a \u003ca href=\"https://youtu.be/d9BiyOFwPrw\" target=\"_blank\" rel=\"noopener noreferrer\">satirical video\u003c/a> mocking York’s expenditures on his candidates of choice.\u003c/p>\n\u003cp>Bhatia is running for the District 1 seat and, like Park, was confused by York’s support. She is nervous of what voters will think of all this money backing her campaign and resents the idea that she is bought and paid for.\u003c/p>\n\u003cp>“I believe all the PACs just should have stayed out,” Bhatia said. “We had such a great grassroots campaign. It’s not like we waited until [the 49ers] got involved. We’ve been working our butts off for the last five months.”\u003c/p>\n\u003cp>Bhatia said she wishes that money had gone towards building affordable housing in the city or towards education. Before York started donating millions to support her run, she felt she was able to discuss the issues that face her city with voters. Now, she said, all anyone wants to talk about is the money.\u003c/p>\n\u003cp>Loyola Law School professor Jessica Levinson said that voters and candidates can only speculate about the true motivations of donors who give large sums of money towards political campaigns.\u003c/p>\n\u003cp>“I don’t think there’s anything inherently evil about spending large sums of independent expenditures,” Levinson said. “I think it raises a whole host of questions about the influence of money in politics and the best way to run elections.”\u003c/p>\n\u003cp>Levinson pointed out that since the Supreme Court’s ruling in the \u003ca href=\"https://www.kqed.org/lowdown/1017/when-money-became-speech-the-rise-of-the-super-pac\" target=\"_blank\" rel=\"noopener noreferrer\">Citizens United \u003c/a>case, independent expenditures, or money spent by a political organization without guidance from candidates, are considered a form of free speech.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“In terms of [York’s] goal of diversifying the city council, I think most people would view that as a laudable goal, and we can ask ourselves whether the ends justify the means,” she said. “The concern is that candidates are overly responsive to monied interests and if it doesn’t change the way they vote, [then] it might change the way they listen or talk.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Political action committees (PACs) spent more than $3 million on the city council race in Santa Clara, a city of roughly 130,000 people in the heart of Silicon Valley. That outlay of cash is raising eyebrows among voters — and even the candidates themselves.\u003c/p>\n\u003cp>“It appears that one is trying to gain some private benefit from [those donations] and put private interests ahead of the public interests,” said John Pelissero, a senior fellow at Santa Clara University’s \u003ca href=\"https://www.scu.edu/ethics/\" target=\"_blank\" rel=\"noopener noreferrer\">Markkula Center for Applied Ethics\u003c/a>.\u003c/p>\n\u003cp>The money, most of it from Jed York, the owner of the San Francisco 49ers football team, highlights an ongoing conflict between the team and the Santa Clara City Council. York’s money is flowing to a block of city council candidates that largely come from outside of politics and are challenging incumbents or candidates backed by the current council.\u003c/p>\n\u003cp>Beginning in late September, York began donating money to a PAC founded by former Congressman Mike Honda, called the \u003ca href=\"https://www.facebook.com/CEGFVR/\" target=\"_blank\" rel=\"noopener noreferrer\">Citizens for Efficient Government and Full Voting Rights\u003c/a>. Independent expenditure documents show that York donated $250,000 on Sept. 30, $800,000 on Oct. 1, $300,000 on Oct. 6, $950,000 on Oct. 13 and $600,000 on Oct. 19.\u003c/p>\n\u003cp>All that money is going towards campaign mailers and television ads supporting four candidates: Suds Jain, Harbir Bhatia, Kevin Park and Anthony Becker. The PAC is also spending on ads attacking incumbent candidates Kathy Watanabe and Teresa O’Neill as well as Robert Mezzetti and Bob O’Keefe.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Since 2014, York and the City Council have been at odds over the management of Levi’s Stadium, which was built for the 49ers to play in. The two parties have fought over a number of issues, including curfews for events held at the stadium, changes in management agreements, the payment of stadium employees and late rent payments.\u003c/p>\n\u003cp>As these disagreements escalated, York has become increasingly involved in local politics. During the March elections, York started a PAC called No on C-Santa Clarans for Full Voting Rights, which worked towards defeating the local \u003ca href=\"https://www.kqed.org/news/11803793/santa-claras-measure-c-a-fight-over-dark-money-and-district-lines\">Measure C\u003c/a>, which would have condensed the city’s six voting districts into three. York donated $330,000 to defeat the measure, and it eventually failed.\u003c/p>\n\u003cp>This fall, with nearly $3 million in donations, York’s involvement has risen to a whole new scale.\u003c/p>\n\u003cp>49ers spokesman Rahul Chandhok said the team wants to support candidates that represent diversity and will uphold voting rights in the city the football team calls home.\u003c/p>\n\u003cp>Park, who is running for a council seat in District 4, has raised about $16,000 on his own. Honda’s PAC — funded by York — spent more than $370,000 on mailers and ads supporting his run.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Park thinks that the candidates who are benefiting from York’s support are increasingly being grouped together in the minds of voters.\u003c/p>\n\u003cp>“We’re running individual campaigns,” said Park. “But people understand there is a fight between the incumbent-backed candidates and the independent candidates. It is a little bit of a battle of one team versus another.”\u003c/p>\n\u003cp>Park said he was surprised to learn that York backed his campaign, especially since he was opposed to the football team’s moving to Santa Clara back in 2014. But over the past few years, Park has felt the city hasn’t cooperated with the 49ers and has failed to talk to them reasonably. He figures Jed York supports his run because he can be more understanding.\u003c/p>\n\u003cp>“The 49ers are more willing to work with a group of people that opposes them but is willing to talk, as opposed to a group of people, like the current city council, that opposes them but doesn’t want to talk,” Park said.\u003c/p>\n\u003cp>But O’Neill, the incumbent who is running against Park, is suspicious of York’s motives. She has been on the city council since 2007 and feels that the 49ers are a behemoth and that it requires skill, patience and skepticism to handle their complicated contract. She said that she has tried to cooperate and “play nice” with the football team, but got “steamrolled” in the process.\u003c/p>\n\u003cp>“I’m scared — not for myself — I will be fine,” O’Neill said. “But I’m scared for Santa Clara because I don’t think some of these people that are running, I don’t think they realize what they’re up against.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘The concern is that candidates are overly responsive to monied interests and if it doesn’t change the way they vote, [then] it might change the way they listen or talk.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>She’s not alone in her skepticism. \u003ca href=\"https://scpoapac.com/\" target=\"_blank\" rel=\"noopener noreferrer\">The Santa Clara Police Association PAC\u003c/a> has spent a little more than $70,000 on a campaign supporting the incumbent and city council-backed candidates and opposing the political newcomers. In early October, the association created a \u003ca href=\"https://youtu.be/d9BiyOFwPrw\" target=\"_blank\" rel=\"noopener noreferrer\">satirical video\u003c/a> mocking York’s expenditures on his candidates of choice.\u003c/p>\n\u003cp>Bhatia is running for the District 1 seat and, like Park, was confused by York’s support. She is nervous of what voters will think of all this money backing her campaign and resents the idea that she is bought and paid for.\u003c/p>\n\u003cp>“I believe all the PACs just should have stayed out,” Bhatia said. “We had such a great grassroots campaign. It’s not like we waited until [the 49ers] got involved. We’ve been working our butts off for the last five months.”\u003c/p>\n\u003cp>Bhatia said she wishes that money had gone towards building affordable housing in the city or towards education. Before York started donating millions to support her run, she felt she was able to discuss the issues that face her city with voters. Now, she said, all anyone wants to talk about is the money.\u003c/p>\n\u003cp>Loyola Law School professor Jessica Levinson said that voters and candidates can only speculate about the true motivations of donors who give large sums of money towards political campaigns.\u003c/p>\n\u003cp>“I don’t think there’s anything inherently evil about spending large sums of independent expenditures,” Levinson said. “I think it raises a whole host of questions about the influence of money in politics and the best way to run elections.”\u003c/p>\n\u003cp>Levinson pointed out that since the Supreme Court’s ruling in the \u003ca href=\"https://www.kqed.org/lowdown/1017/when-money-became-speech-the-rise-of-the-super-pac\" target=\"_blank\" rel=\"noopener noreferrer\">Citizens United \u003c/a>case, independent expenditures, or money spent by a political organization without guidance from candidates, are considered a form of free speech.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“In terms of [York’s] goal of diversifying the city council, I think most people would view that as a laudable goal, and we can ask ourselves whether the ends justify the means,” she said. “The concern is that candidates are overly responsive to monied interests and if it doesn’t change the way they vote, [then] it might change the way they listen or talk.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Amid fanfare in March, California officials celebrated the launch of a multimillion-dollar contract with Verily — Google’s health-focused sister company — that they said would vastly expand COVID-19 testing among the state’s impoverished and underserved communities.\u003c/p>\n\u003cp>But seven months later, San Francisco and Alameda counties — two of the state’s most populous — have severed ties with the company’s testing sites amid concerns about patients’ data privacy and complaints that funding intended to boost testing in low-income Black and Latino neighborhoods instead was benefiting higher-income residents in other communities.\u003c/p>\n\u003cp>San Francisco and Alameda are among at least 28 counties, including Los Angeles, where California has paid Verily to boost testing capacity through contracts collectively worth $55 million, according to a spokesperson for the California Governor’s Office of Emergency Services. About half of them have received COVID-19 tests through six mobile units that travel among rural areas.\u003c/p>\n\u003cp>[aside postID=news_11818312 hero='https://ww2.kqed.org/app/uploads/sites/10/2020/03/HaywardCoronavirusTesting-1020x664.jpg']Gov. Gavin Newsom has heralded the investment as a game changer in addressing persistent inequities in access to COVID-19 testing across the state that tend to fall along lines of ethnicity and income. The goal, he said in April, touting six new Verily testing sites, was to “make sure we’re truly testing California broadly defined, not just parts of California and those that somehow have the privilege of getting ahead of the line.”\u003c/p>\n\u003cp>Yet the roadblocks for getting underrepresented populations to use the program soon became apparent to Alameda County officials. \u003ca href=\"https://khn.org/wp-content/uploads/sites/2/2020/10/Letter-to-Dr.-Ghaly-on-Testing-Platform.pdf\">In a June letter\u003c/a> to California Secretary of Health Mark Ghaly, Oakland Mayor Libby Schaaf and other members of the county’s COVID-19 Racial Disparities Task Force raised numerous concerns about the Verily protocols.\u003c/p>\n\u003cp>Among their complaints: People signing up for a test through Verily had to do so online, using an existing or newly created Gmail account; the sign-ups were offered only in English or Spanish; and participants were asked to provide sensitive personal information, including their home address and whether they were managing chronic health conditions such as diabetes, obesity or congestive heart failure, which could expose their data to third-party use.\u003c/p>\n\u003cp>“It is critical in this crisis that we continue to build trust between government and healthcare providers and vulnerable communities,” the task force members wrote.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Verily had two sites in Alameda County, and one was shuttered by May. The second, located at an Oakland church, closed in August and is set to reopen using a different testing vendor. Alameda County testing director Dr. Jocelyn Freeman Garrick said that while the Verily sites helped the county reach testing goals in terms of raw numbers, they were phased out because of long wait times of a week or more for results, and because the tests were not reaching the residents in greatest need.\u003c/p>\n\u003cp>Verily does not manufacture the COVID-19 tests used at its California sites. It contracts with major corporations such as Quest Diagnostics and Thermo Fisher Scientific to provide the test kits and perform the lab work. What Verily provides is a digital platform where people are screened for symptoms, schedule testing appointments at participating sites and check back for test results.\u003c/p>\n\u003cp>[pullquote citation=\"Dr. Noha Aboelata, CEO of Roots Community Health Center\" size=\"medium\" align=\"right\"]‘Corporations that are not really invested in the community come helicoptering in, bearing gifts, but what they’re taking away is much more valuable.’[/pullquote]Dr. Noha Aboelata is CEO of Roots Community Health Center, an East Oakland clinic that serves mostly African Americans and is one of the original Verily sites in Oakland. Her experience with Verily is best described as a tale of two lines.\u003c/p>\n\u003cp>In May, Aboelata worked with Verily to establish a walk-up site at her clinic, rather than the drive-thru model the company typically uses. There would be two lines: one for people who scheduled their appointments through Verily’s online portal; and a second for people who had not preregistered with Verily. Roots would staff both lines, and Verily would supply test kits and personal protective equipment including masks, which were “like gold” at the time, Aboelata said.\u003c/p>\n\u003cp>Problems emerged almost immediately, she said. People were suspicious of the requirement that they sign up with a Gmail account, and the request for personal information, such as health status and risk factors. “You don’t necessarily want to share that with Google,” Aboelata said.\u003c/p>\n\u003cp>Then there was the language in the privacy policy that allows for sharing data with third parties. “That always is going to raise suspicion and concern in our community,” she said.\u003c/p>\n\u003cp>The people who ended up in the Verily-registered line, she said, tended to be white and to come from wealthier ZIP codes outside East Oakland. And because Verily never changed the website language describing Roots as a drive-thru site, many were angry at having to walk up.\u003c/p>\n\u003cp>“We had people coming from all over the Bay Area who were frustrated that they had to park in Oakland, where they had probably never been and didn’t seem to want to be,” she said. “They were creating quite a scene, and some were saying, ‘I want to talk to the manager.’” She had to ask a few people to leave. “One of them was saying, ‘This is so Oakland, and I hope you all get the virus.’ It was pretty awful.”\u003c/p>\n\u003cp>The Roots line for clients who did not register through Verily, on the other hand, was made up mostly of people of color from the community who long had come to the clinic for medical care, she said.\u003c/p>\n\u003cfigure id=\"attachment_11843963\" class=\"wp-caption aligncenter\" style=\"max-width: 1350px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/verily_01_1350.jpg\" alt=\"a Roots Community Health Center tent\" width=\"1350\" height=\"900\" class=\"size-full wp-image-11843963\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/verily_01_1350.jpg 1350w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/verily_01_1350-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/verily_01_1350-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/verily_01_1350-160x107.jpg 160w\" sizes=\"(max-width: 1350px) 100vw, 1350px\">\u003cfigcaption class=\"wp-caption-text\">Roots Community Health Center in East Oakland is among the Alameda County COVID-19 testing sites that have severed ties with Verily. People were suspicious of the requirement that they sign up for testing with a Gmail account and the request for personal information, according to center officials. \u003ccite>(Roots Community Health Center)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>When Aboelata looked at the data, the disparities were obvious: 12.9% of people tested in the non-Verily line were positive for COVID-19, while just 1.5% of people tested in the Verily-registered line were positive. For Aboelata, it was clear that the two lines were testing two entirely different populations.\u003c/p>\n\u003cp>After just six days of testing, Aboelata asked Verily to leave.\u003c/p>\n\u003cp>“From where we sit, this is an old story,” she said. “Corporations that are not really invested in the community come helicoptering in, bearing gifts, but what they’re taking away is much more valuable.” That thing of value, Aboelata believes, is the data Verily requests from everyone who signs up for a test.\u003c/p>\n\u003cp>[aside tag=\"coronavirus-testing\" label=\"related coverage\"]In San Francisco, Verily mobile testing clinics have also been sidelined. County officials declined to provide an explanation. However, multiple people with knowledge of the testing efforts said the Verily registration process proved chaotic for homeless people and others in the Tenderloin district, one of the city’s poorest neighborhoods.\u003c/p>\n\u003cp>Kenneth Kim, clinical director of Glide, an outreach center that helped run the Tenderloin site, said many homeless residents coming in for testing had Gmail accounts, as Verily required, but could not remember their passwords. When staffers at the testing site tried to help them retrieve their passwords, they found that Google’s two-factor authentication process required users to have the same phone number as when they signed up, which few of the homeless participants did.\u003c/p>\n\u003cp>Dr. Jonathan Fuchs, who leads San Francisco County’s testing strategy at the Department of Public Health, confirmed that the partnership with Verily was “currently on hold.” He declined to provide further details.\u003c/p>\n\u003cp>In response to questions, Verily spokesperson Kathleen Parkes said the program requires users to register with Gmail accounts because Google’s authentication procedures safeguard sensitive data and protect “against unknown individuals sending or receiving information with serious consequences for health or well-being.”\u003c/p>\n\u003cp>Conversations with San Francisco and Alameda remain “active,” Parkes said. The company did not respond to specific questions about the testing disparities cited by community leaders.\u003c/p>\n\u003cp>Verily’s role in COVID-19 testing has been shadowed by controversy since President Donald Trump told reporters at a Rose Garden news conference in March that “Google” was developing a screening website and testing tool. “Google has 1,700 engineers working on this right now,” he said. “They’ve made tremendous progress.”\u003c/p>\n\u003cp>At the time, COVID-19 tests were in short supply and Trump was under pressure to increase capacity as infections ballooned in California, New York and other states. But Google was not building such a website. Instead, Verily, another Alphabet Inc. subsidiary focused on life sciences, was in the early stages of developing a website to help triage people in need of COVID-19 testing, \u003ca href=\"https://twitter.com/Google_Comms/status/1238574670686928906\">Google clarified in a tweet\u003c/a>. It planned to unveil a pilot program in two Bay Area counties.\u003c/p>\n\u003cp>Days later, Newsom announced a California partnership with Verily that so far has paid the company $55 million to establish both mobile and brick-and-mortar testing sites. In addition, Verily has partnered with Rite Aid to manage testing at approximately 300 sites in multiple states under a \u003ca href=\"https://www.usaspending.gov/award/CONT_AWD_75P00120C00030_7570_-NONE-_-NONE-\">$122.6 million federal contract\u003c/a> between the pharmacy chain and the U.S. Department of Health and Human Services. California’s Verily contracts are in place through Nov. 30; the HHS contract is set to expire in January.\u003c/p>\n\u003cp>Participants in the Verily initiative sign an authorization form that says their information can be shared with multiple third parties involved in the testing program, including unnamed contractors and state and federal health authorities.\u003c/p>\n\u003cp>“While the form tells you that Verily may share data with ‘entities that assist with the testing program,’ it doesn’t say who those entities are. If one of those unnamed and unknown entities violates your privacy by misusing your data, you have no way to know and no way to hold them accountable,” said Lee Tien, senior staff attorney for the Electronic Frontier Foundation, a nonprofit that advocates for digital privacy.\u003c/p>\n\u003cp>The policy states Verily will not use the data collected for its own research or meld it with other Google products without the user’s permission. But it notes participants may be invited to share their data for such research, and the testing portal prominently features links inviting participants to sign up for other Verily research.\u003c/p>\n\u003cp>[pullquote citation=\"Dr. Margot Kushel, director of UCSF Benioff Homelessness and Housing Initiative\" size=\"medium\" align=\"right\"]‘It turns out that in public health, the highest-tech solution is usually not the right one.’[/pullquote]In California, as of Oct. 8, the Verily sites had processed an average of 1,583 patient samples per day over the prior seven days, according to the California Department of Public Health. Verily, the state health department and Alameda County all declined requests to provide race and ethnicity data by testing site.\u003c/p>\n\u003cp>Dr. Kim Rhoads, a UCSF professor and former colorectal surgeon who leads a COVID-19 testing project for Black communities, said Aboelata’s experience with Verily is emblematic of widespread racial disparities in the testing and treatment of COVID-19. “We can’t keep talking about the consequences being unintended,” Rhoads said. “We are six months into this pandemic and anyone who is surprised by the repetitive findings of inequity in testing, the spread of virus and COVID-19 mortality just isn’t paying attention.”\u003c/p>\n\u003cp>In an interview, Ghaly, California’s health secretary, said he believed the state’s partnerships with Verily and other companies continue to be a national model for addressing problems with testing disparities, including setting up venues for minority and rural populations. For example, in counties in northern parts of the state, sometimes the only regular testing available was through mobile testing set up under the program, he said.\u003c/p>\n\u003cp>“I think there’s lots of success and lots of lessons learned and we continue to apply them,” Ghaly said. “Until the entire effort is completed, I always look at where we are as part success and part opportunity to keep learning.”\u003c/p>\n\u003cp>In \u003ca href=\"https://khn.org/wp-content/uploads/sites/2/2020/10/Secretary-Ghalys-Response-to-Oakland-Mayor-and-Racial-Disparities-Task-Force.pdf\">a September response\u003c/a> to the Oakland COVID-19 disparities task force, Ghaly outlined several actions the state had taken or would take in response to the concerns, including having Verily update its platform to include additional languages and work with testing vendors on alternative methods for data collection to address privacy concerns.\u003c/p>\n\u003cp>“Some of the things we learned specifically in our experience in Alameda and other parts of the Bay Area is language matters,” Ghaly told Kaiser Health News.\u003c/p>\n\u003cp>After working with the homeless for 25 years, Dr. Margot Kushel, director of the UCSF Benioff Homelessness and Housing Initiative, said she wasn’t surprised to learn some community leaders ran into problems with Verily.\u003c/p>\n\u003cp>“It turns out that in public health, the highest-tech solution is usually not the right one,” she said. To bring COVID cases down, she explained, requires a “laser focus” on the highest-risk communities. And people in those communities often don’t want to turn over the protected information Verily asks for, whether because of fears about their immigration status or a history of mistrust of the medical establishment and policing.\u003c/p>\n\u003cp>“You can imagine a million and a half reasons why people would distrust it,” Kushel said. “The very structure of this is set up to fail. And by failing the communities who need it most, we fail everybody.”\u003c/p>\n\u003cp>\u003cem>California Healthline correspondent Angela Hart contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Amid fanfare in March, California officials celebrated the launch of a multimillion-dollar contract with Verily — Google’s health-focused sister company — that they said would vastly expand COVID-19 testing among the state’s impoverished and underserved communities.\u003c/p>\n\u003cp>But seven months later, San Francisco and Alameda counties — two of the state’s most populous — have severed ties with the company’s testing sites amid concerns about patients’ data privacy and complaints that funding intended to boost testing in low-income Black and Latino neighborhoods instead was benefiting higher-income residents in other communities.\u003c/p>\n\u003cp>San Francisco and Alameda are among at least 28 counties, including Los Angeles, where California has paid Verily to boost testing capacity through contracts collectively worth $55 million, according to a spokesperson for the California Governor’s Office of Emergency Services. About half of them have received COVID-19 tests through six mobile units that travel among rural areas.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Gov. Gavin Newsom has heralded the investment as a game changer in addressing persistent inequities in access to COVID-19 testing across the state that tend to fall along lines of ethnicity and income. The goal, he said in April, touting six new Verily testing sites, was to “make sure we’re truly testing California broadly defined, not just parts of California and those that somehow have the privilege of getting ahead of the line.”\u003c/p>\n\u003cp>Yet the roadblocks for getting underrepresented populations to use the program soon became apparent to Alameda County officials. \u003ca href=\"https://khn.org/wp-content/uploads/sites/2/2020/10/Letter-to-Dr.-Ghaly-on-Testing-Platform.pdf\">In a June letter\u003c/a> to California Secretary of Health Mark Ghaly, Oakland Mayor Libby Schaaf and other members of the county’s COVID-19 Racial Disparities Task Force raised numerous concerns about the Verily protocols.\u003c/p>\n\u003cp>Among their complaints: People signing up for a test through Verily had to do so online, using an existing or newly created Gmail account; the sign-ups were offered only in English or Spanish; and participants were asked to provide sensitive personal information, including their home address and whether they were managing chronic health conditions such as diabetes, obesity or congestive heart failure, which could expose their data to third-party use.\u003c/p>\n\u003cp>“It is critical in this crisis that we continue to build trust between government and healthcare providers and vulnerable communities,” the task force members wrote.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Verily had two sites in Alameda County, and one was shuttered by May. The second, located at an Oakland church, closed in August and is set to reopen using a different testing vendor. Alameda County testing director Dr. Jocelyn Freeman Garrick said that while the Verily sites helped the county reach testing goals in terms of raw numbers, they were phased out because of long wait times of a week or more for results, and because the tests were not reaching the residents in greatest need.\u003c/p>\n\u003cp>Verily does not manufacture the COVID-19 tests used at its California sites. It contracts with major corporations such as Quest Diagnostics and Thermo Fisher Scientific to provide the test kits and perform the lab work. What Verily provides is a digital platform where people are screened for symptoms, schedule testing appointments at participating sites and check back for test results.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘Corporations that are not really invested in the community come helicoptering in, bearing gifts, but what they’re taking away is much more valuable.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Dr. Noha Aboelata is CEO of Roots Community Health Center, an East Oakland clinic that serves mostly African Americans and is one of the original Verily sites in Oakland. Her experience with Verily is best described as a tale of two lines.\u003c/p>\n\u003cp>In May, Aboelata worked with Verily to establish a walk-up site at her clinic, rather than the drive-thru model the company typically uses. There would be two lines: one for people who scheduled their appointments through Verily’s online portal; and a second for people who had not preregistered with Verily. Roots would staff both lines, and Verily would supply test kits and personal protective equipment including masks, which were “like gold” at the time, Aboelata said.\u003c/p>\n\u003cp>Problems emerged almost immediately, she said. People were suspicious of the requirement that they sign up with a Gmail account, and the request for personal information, such as health status and risk factors. “You don’t necessarily want to share that with Google,” Aboelata said.\u003c/p>\n\u003cp>Then there was the language in the privacy policy that allows for sharing data with third parties. “That always is going to raise suspicion and concern in our community,” she said.\u003c/p>\n\u003cp>The people who ended up in the Verily-registered line, she said, tended to be white and to come from wealthier ZIP codes outside East Oakland. And because Verily never changed the website language describing Roots as a drive-thru site, many were angry at having to walk up.\u003c/p>\n\u003cp>“We had people coming from all over the Bay Area who were frustrated that they had to park in Oakland, where they had probably never been and didn’t seem to want to be,” she said. “They were creating quite a scene, and some were saying, ‘I want to talk to the manager.’” She had to ask a few people to leave. “One of them was saying, ‘This is so Oakland, and I hope you all get the virus.’ It was pretty awful.”\u003c/p>\n\u003cp>The Roots line for clients who did not register through Verily, on the other hand, was made up mostly of people of color from the community who long had come to the clinic for medical care, she said.\u003c/p>\n\u003cfigure id=\"attachment_11843963\" class=\"wp-caption aligncenter\" style=\"max-width: 1350px\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/verily_01_1350.jpg\" alt=\"a Roots Community Health Center tent\" width=\"1350\" height=\"900\" class=\"size-full wp-image-11843963\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/verily_01_1350.jpg 1350w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/verily_01_1350-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/verily_01_1350-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/verily_01_1350-160x107.jpg 160w\" sizes=\"(max-width: 1350px) 100vw, 1350px\">\u003cfigcaption class=\"wp-caption-text\">Roots Community Health Center in East Oakland is among the Alameda County COVID-19 testing sites that have severed ties with Verily. People were suspicious of the requirement that they sign up for testing with a Gmail account and the request for personal information, according to center officials. \u003ccite>(Roots Community Health Center)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>When Aboelata looked at the data, the disparities were obvious: 12.9% of people tested in the non-Verily line were positive for COVID-19, while just 1.5% of people tested in the Verily-registered line were positive. For Aboelata, it was clear that the two lines were testing two entirely different populations.\u003c/p>\n\u003cp>After just six days of testing, Aboelata asked Verily to leave.\u003c/p>\n\u003cp>“From where we sit, this is an old story,” she said. “Corporations that are not really invested in the community come helicoptering in, bearing gifts, but what they’re taking away is much more valuable.” That thing of value, Aboelata believes, is the data Verily requests from everyone who signs up for a test.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In San Francisco, Verily mobile testing clinics have also been sidelined. County officials declined to provide an explanation. However, multiple people with knowledge of the testing efforts said the Verily registration process proved chaotic for homeless people and others in the Tenderloin district, one of the city’s poorest neighborhoods.\u003c/p>\n\u003cp>Kenneth Kim, clinical director of Glide, an outreach center that helped run the Tenderloin site, said many homeless residents coming in for testing had Gmail accounts, as Verily required, but could not remember their passwords. When staffers at the testing site tried to help them retrieve their passwords, they found that Google’s two-factor authentication process required users to have the same phone number as when they signed up, which few of the homeless participants did.\u003c/p>\n\u003cp>Dr. Jonathan Fuchs, who leads San Francisco County’s testing strategy at the Department of Public Health, confirmed that the partnership with Verily was “currently on hold.” He declined to provide further details.\u003c/p>\n\u003cp>In response to questions, Verily spokesperson Kathleen Parkes said the program requires users to register with Gmail accounts because Google’s authentication procedures safeguard sensitive data and protect “against unknown individuals sending or receiving information with serious consequences for health or well-being.”\u003c/p>\n\u003cp>Conversations with San Francisco and Alameda remain “active,” Parkes said. The company did not respond to specific questions about the testing disparities cited by community leaders.\u003c/p>\n\u003cp>Verily’s role in COVID-19 testing has been shadowed by controversy since President Donald Trump told reporters at a Rose Garden news conference in March that “Google” was developing a screening website and testing tool. “Google has 1,700 engineers working on this right now,” he said. “They’ve made tremendous progress.”\u003c/p>\n\u003cp>At the time, COVID-19 tests were in short supply and Trump was under pressure to increase capacity as infections ballooned in California, New York and other states. But Google was not building such a website. Instead, Verily, another Alphabet Inc. subsidiary focused on life sciences, was in the early stages of developing a website to help triage people in need of COVID-19 testing, \u003ca href=\"https://twitter.com/Google_Comms/status/1238574670686928906\">Google clarified in a tweet\u003c/a>. It planned to unveil a pilot program in two Bay Area counties.\u003c/p>\n\u003cp>Days later, Newsom announced a California partnership with Verily that so far has paid the company $55 million to establish both mobile and brick-and-mortar testing sites. In addition, Verily has partnered with Rite Aid to manage testing at approximately 300 sites in multiple states under a \u003ca href=\"https://www.usaspending.gov/award/CONT_AWD_75P00120C00030_7570_-NONE-_-NONE-\">$122.6 million federal contract\u003c/a> between the pharmacy chain and the U.S. Department of Health and Human Services. California’s Verily contracts are in place through Nov. 30; the HHS contract is set to expire in January.\u003c/p>\n\u003cp>Participants in the Verily initiative sign an authorization form that says their information can be shared with multiple third parties involved in the testing program, including unnamed contractors and state and federal health authorities.\u003c/p>\n\u003cp>“While the form tells you that Verily may share data with ‘entities that assist with the testing program,’ it doesn’t say who those entities are. If one of those unnamed and unknown entities violates your privacy by misusing your data, you have no way to know and no way to hold them accountable,” said Lee Tien, senior staff attorney for the Electronic Frontier Foundation, a nonprofit that advocates for digital privacy.\u003c/p>\n\u003cp>The policy states Verily will not use the data collected for its own research or meld it with other Google products without the user’s permission. But it notes participants may be invited to share their data for such research, and the testing portal prominently features links inviting participants to sign up for other Verily research.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In California, as of Oct. 8, the Verily sites had processed an average of 1,583 patient samples per day over the prior seven days, according to the California Department of Public Health. Verily, the state health department and Alameda County all declined requests to provide race and ethnicity data by testing site.\u003c/p>\n\u003cp>Dr. Kim Rhoads, a UCSF professor and former colorectal surgeon who leads a COVID-19 testing project for Black communities, said Aboelata’s experience with Verily is emblematic of widespread racial disparities in the testing and treatment of COVID-19. “We can’t keep talking about the consequences being unintended,” Rhoads said. “We are six months into this pandemic and anyone who is surprised by the repetitive findings of inequity in testing, the spread of virus and COVID-19 mortality just isn’t paying attention.”\u003c/p>\n\u003cp>In an interview, Ghaly, California’s health secretary, said he believed the state’s partnerships with Verily and other companies continue to be a national model for addressing problems with testing disparities, including setting up venues for minority and rural populations. For example, in counties in northern parts of the state, sometimes the only regular testing available was through mobile testing set up under the program, he said.\u003c/p>\n\u003cp>“I think there’s lots of success and lots of lessons learned and we continue to apply them,” Ghaly said. “Until the entire effort is completed, I always look at where we are as part success and part opportunity to keep learning.”\u003c/p>\n\u003cp>In \u003ca href=\"https://khn.org/wp-content/uploads/sites/2/2020/10/Secretary-Ghalys-Response-to-Oakland-Mayor-and-Racial-Disparities-Task-Force.pdf\">a September response\u003c/a> to the Oakland COVID-19 disparities task force, Ghaly outlined several actions the state had taken or would take in response to the concerns, including having Verily update its platform to include additional languages and work with testing vendors on alternative methods for data collection to address privacy concerns.\u003c/p>\n\u003cp>“Some of the things we learned specifically in our experience in Alameda and other parts of the Bay Area is language matters,” Ghaly told Kaiser Health News.\u003c/p>\n\u003cp>After working with the homeless for 25 years, Dr. Margot Kushel, director of the UCSF Benioff Homelessness and Housing Initiative, said she wasn’t surprised to learn some community leaders ran into problems with Verily.\u003c/p>\n\u003cp>“It turns out that in public health, the highest-tech solution is usually not the right one,” she said. To bring COVID cases down, she explained, requires a “laser focus” on the highest-risk communities. And people in those communities often don’t want to turn over the protected information Verily asks for, whether because of fears about their immigration status or a history of mistrust of the medical establishment and policing.\u003c/p>\n\u003cp>“You can imagine a million and a half reasons why people would distrust it,” Kushel said. “The very structure of this is set up to fail. And by failing the communities who need it most, we fail everybody.”\u003c/p>\n\u003cp>\u003cem>California Healthline correspondent Angela Hart contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure",
"title": "Prop. 22 Explained: Why Gig Companies Are Spending Huge Money on an Unprecedented Measure",
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"content": "\u003cp>\u003ci data-stringify-type=\"italic\">This story was updated Wednesday, Nov. 4 at 12:40pm\u003c/i>\u003c/p>\n\u003cp>\u003cb data-stringify-type=\"bold\">UPDATE: Proposition 22 was approved by California voters Tuesday, Nov. 3. \u003c/b>\u003cb data-stringify-type=\"bold\">\u003ca class=\"c-link\" href=\"https://www.kqed.org/news/11844725/proposition-22-passes-locking-in-sub-employee-status-for-gig-workers\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://www.kqed.org/news/11844725/proposition-22-passes-locking-in-sub-employee-status-for-gig-workers\" data-sk=\"tooltip_parent\">Read the full details here\u003c/a>\u003c/b>\u003cb data-stringify-type=\"bold\">.\u003c/b>\u003c/p>\n\u003cp>\u003ci data-stringify-type=\"italic\">Original story:\u003c/i>\u003c/p>\n\u003cp>The decision California voters face on Proposition 22 boils down to this: should a handful of companies be allowed to create a new gig contractor category for their workers that doesn’t include employee protections and benefits, like unemployment insurance and workers compensation? Or should companies like Uber, Lyft and DoorDash have to follow state labor law and classify their drivers as employees, which could mean directing more revenue to workers, higher prices for consumers and increased requirements for more casual drivers?\u003c/p>\n\u003cp>That’s the choice on the ballot. But there’s so much more going on with this unprecedented and far-reaching proposition — a proposition that recent polling indicates will come down to Californians who are still undecided. As of Oct. 26, \u003ca href=\"https://www.kqed.org/news/11843691/poll-measure-pushed-by-uber-lyft-falling-just-short-of-passage-many-voters-still-undecided\">polling of likely voters\u003c/a> shows 46% in favor, 42% opposed and 12% undecided. Here’s everything you’d need to know about the proposition and its backstory before you vote.\u003c/p>\n\u003cp>\u003cstrong>Skip to:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#backstory\">The Backstory\u003c/a>\u003c/strong>: How companies like Lyft, Uber and DoorDash have avoided employee classification for eight years despite pressure from workers, labor groups and every branch of state government\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#written\">What’s Actually in Prop. 22?\u003c/a>\u003c/strong>: An explanation of the limited worker benefits and why the “7/8ths provision” would make it nearly impossible to change this law in the future\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#money\">Unprecedented Money\u003c/a>\u003c/strong>: Gig companies are spending record amounts of cash to market Prop. 22 — and it’s being framed as a social justice issue\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#surveys\">Those Driver Surveys, and What’s Wrong With Them\u003c/a>\u003c/strong>: What do drivers want? Surveys used to market Prop. 22 are often flawed and don’t tell the full story\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#directtovoter\">Unprecedented Direct-to-Voter Connection\u003c/a>\u003c/strong>: Millions of apps in millions of pockets, workers asked to deliver political ads and pop ups galore — win or lose, a new election playbook is being written\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#ramifications\">The Ramifications\u003c/a>\u003c/strong>: If Prop. 22 passes, what will it mean for gig work, labor protections, election campaigning and local governance?\u003c/li>\n\u003c/ul>\n\u003ch1>\u003ca id=\"backstory\">\u003c/a>The Backstory\u003c/h1>\n\u003cfigure id=\"attachment_11843145\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843145\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Lyft-moustache.jpg\" alt=\"Lyft car with mustache\" width=\"1920\" height=\"1250\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Lyft-moustache.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Lyft-moustache-800x521.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Lyft-moustache-1020x664.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Lyft-moustache-160x104.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Lyft-moustache-1536x1000.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A Lyft driver with one of the early fuzzy pink mustaches drives in downtown San Francisco in January, 2014. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It all began in 2012 with a fuzzy pink mustache and a fist bump. It was Lyft, not Uber, that first started paying drivers to use their own cars to do taxi work. Both companies cast themselves not as taxi companies, but platforms to connect riders to drivers, and tech journalists helped propel this image. \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3668606\">Here’s the even deeper backstory on how that all went down\u003c/a>.\u003c/p>\n\u003cp>Using the platform argument, the gig companies classified their workers as contractors, which shielded them from liability and allowed them to avoid paying for protections like overtime and unemployment insurance. Regulators and the government at the state and federal levels did not stop Uber and Lyft, and soon, companies like Instacart, DoorDash and Postmates began following suit.\u003c/p>\n\u003cp>But this contractor model was legally suspect from the start. In California, the determination of whether a worker was a contractor or an employee was made by the Borello test, which is a \u003ca href=\"https://caselaw.findlaw.com/ca-supreme-court/1774638.html\">complex set of 11 factors established by a 1989 California Supreme Court case\u003c/a>.\u003c/p>\n\u003cp>[aside label=\"Election 2020\" link1=\"https://www.kqed.org/voterguide,KQED's California Voter Guide\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS45342_001_KQED_SanFrancisco_Election2020_MailinBallot_10122020-qut-1020x680.jpg\"]\u003c/p>\n\u003cp>It was arguable that under those parameters, gig workers were not independent entrepreneurs running their own businesses on a platform provided by “tech” companies, but instead, employees of a transportation company in the case of Uber and Lyft, a service company in the case of TaskRabbit and a delivery company in the case of Postmates or DoorDash.\u003ca href=\"https://www.reuters.com/article/us-uber-tech-drivers-lawsuit/uber-drivers-granted-class-action-status-in-lawsuit-over-employment-idUSKCN0R14O920150901\"> Lawyers began trying to make the case\u003c/a> with big lawsuits against gig companies.\u003c/p>\n\u003cp>Workers were and still are fighting almost all the battles over employee protections and benefits behind closed doors. That’s because gig companies make workers sign arbitration clauses, which prevent them from taking any grievance to court. That has helped preempt and neutralize class-action lawsuits. Law professor Charlotte Garden \u003ca href=\"https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1794&context=faculty\">wrote a whole academic paper\u003c/a> on how the gig economy relies on mandatory arbitration.\u003c/p>\n\u003cp>In 2014, as Uber and Lyft began to slash wages in a price war, workers increased their protest, but they could make no headway toward employment status. Gig companies leaned on customer support for political support, and consumers loved these cheap rides, which were kept low by the contractor model and venture capital. It took six years for any notable action from California’s government. And it came first from the judicial branch.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In a ruling on a case known as \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\">Dynamex in 2018\u003c/a>, California’s Supreme Court simplified the Borello test, boiling it down to just three factors, called the ABCs. A worker could now only be classified as a contractor if they:\u003c/p>\n\u003cul>\n\u003cli>A) Were free from the control and direction of the hirer\u003c/li>\n\u003cli>B) Performed work outside the hirer’s normal course of business\u003c/li>\n\u003cli>C) Had their own independently established trade, occupation or business\u003c/li>\n\u003c/ul>\n\u003cp>The ruling made it much more difficult for gig companies to deny workers employee benefits and protections. But still, gig companies kept classifying workers as contractors.\u003c/p>\n\u003cp>After the state Supreme Court, the Legislature took up the fight. Lawmakers passed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB5\">Assembly Bill 5\u003c/a>, which went into effect on Jan. 1, 2020. AB 5 codified the Dynamex ruling and was designed with gig companies in mind.\u003c/p>\n\u003cp>However, the new law also affected a number of other industries that have come to rely on contractors. The bill was amended after a backlash, and a number of professions got exemptions, like fine artists, foresters and translators — but not gig workers. Still, gig companies kept classifying workers as contractors.\u003c/p>\n\u003cp>[aside postID=news_11833598 hero='https://ww2.kqed.org/app/uploads/sites/10/2019/09/09182019_uber-lyft-qut-1020x640.jpg']\u003c/p>\n\u003cp>Then in May, several months into the coronavirus pandemic, with tens of thousands of Uber and Lyft drivers seeking unemployment funds that didn’t exist because the companies had never paid into the state unemployment fund, the executive branch got involved. California Attorney General Xavier Becerra, along with a handful of city attorneys, \u003ca href=\"https://www.kqed.org/news/11816321/california-city-attorneys-sue-uber-and-lyft-over-worker-misclassification\">sued Uber and Lyft for misclassifying workers\u003c/a>. On Oct. 22 Uber and Lyft \u003ca href=\"https://www.latimes.com/business/story/2020-10-22/uber-and-lyft-must-comply-with-labor-law-ab-5-appeals-court-orders\">lost an appeal\u003c/a>, and will have to start classifying workers as employees in 30 days — unless Proposition 22 passes.\u003c/p>\n\u003cp>After AB 5 passed, the gig companies started their ballot initiative campaign, hoping that voters would enshrine their gig contractor model into law. Now, with all three branches of California’s government pressuring them to classify workers as employees, they are pouring money into Proposition 22. It’s become \u003ca href=\"https://ballotpedia.org/What_were_the_most_expensive_ballot_measures_in_California\">the most well-funded ballot initiative in California history\u003c/a>. And it’s designed to be a conclusive victory for gig companies.\u003c/p>\n\u003ch1>\u003ca id=\"written\">\u003c/a>What’s Actually in Prop. 22?\u003c/h1>\n\u003cfigure id=\"attachment_11843210\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843210\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A San Francisco resident fills out their mail-in ballot on Oct. 6, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Proposition 22 is written as an exemption from AB 5 for any company that provides transportation or delivery services through an app. It would enshrine in law a kind of third employment category: the contract gig worker. This has been a goal of gig companies for years. They have pursued it at the federal level, and have already \u003ca href=\"https://www.nelp.org/publication/rights-at-risk-gig-companies-campaign-to-upend-employment-as-we-know-it/\">had success in getting legislation on the books in a number of states\u003c/a>.\u003c/p>\n\u003cp>But the measure has several other provisions built around the central premise of exempting gig companies from AB 5.\u003c/p>\n\u003ch3>Limited Employee Benefits\u003c/h3>\n\u003cp>Prop. 22 would guarantee gig workers some limited benefits and protections. As contractors, they currently have none. But the benefits are not as straightforward as they appear at first read.\u003c/p>\n\u003cp>The most murky benefit is the guaranteed wage floor. Prop. 22 would ensure 120% of minimum wage and 30 cents per mile for drivers, adjusted for inflation. But there’s a pretty big catch. The guarantee is only for “engaged” driving time, defined as the time between “accepting a service request and completing the request.”\u003c/p>\n\u003cp>Much of gig work is spent waiting for a job in the app. \u003ca href=\"https://laborcenter.berkeley.edu/the-uber-lyft-ballot-initiative-guarantees-only-5-64-an-hour-2/\">UC Berkeley’s Labor Center did a study\u003c/a> where they tried to take time between rides into account, along with wear and tear on the vehicle. Adding those factors in the mix, the study found the wage guarantee drops to just $5.64 an hour, a drastic pay cut from the $13 minimum wage they would be guaranteed as employees in California. Uber and Lyft disputed the findings in the study, and \u003ca href=\"https://ucreconomicforecast.org/wp-content/uploads/2020/08/Prop22_Driver_Earnings_Analysis_August2020.pdf\">they commissioned another study\u003c/a> that put the earnings at between $25 and $27 an hour. That prompted \u003ca href=\"https://laborcenter.berkeley.edu/the-effects-of-proposition-22-on-driver-earnings-response-to-a-lyft-funded-report-by-dr-christopher-thornberg/#_edn5\">a rebuttal from UC Berkeley.\u003c/a>\u003c/p>\n\u003cp>Aside from the wage floor, Prop. 22 includes a number of benefits that are substitutes for protections guaranteed by traditional employment. In each case, these protections are weaker than what workers would get as employees, and some are contingent on driving a certain number of hours.\u003c/p>\n\u003cp>Instead of health care, drivers who put in over 25 hours per week of engaged driving time would get health care subsidies. Instead of workers compensation, companies would offer occupational accident insurance for medical expenses, lost income and disability. Companies would also offer accidental death insurance. It is not clear if these insurance plans would be given to workers automatically, or if they would only be guaranteed the opportunity to purchase them.\u003c/p>\n\u003cfigure id=\"attachment_11843841\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843841\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut.jpg\" alt=\"ride-hail driver in Oakland\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A ride-hail driver in Oakland In March, 2020. Prop. 22 would guarantee gig workers some limited benefits and protections. As contractors, they currently have none. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Prop. 22 also includes provisions to address long-term accountability issues in the gig industry, like discrimination, sexual misconduct, a lack of background checks and drivers working more than 12 hours a day. Gig companies would be required to create anti-discrimination and sexual harassment policies, develop training programs for drivers and require criminal background checks — all things that the companies have been criticized for lacking in the past.\u003c/p>\n\u003cp>Many of the issues these final provisions would address are things that are exacerbated by the contractor status of workers. If these workers were actually employees, gig companies would be far more liable for things like car accidents, sexual misconduct and criminal activity.\u003c/p>\n\u003ch3>Prop. 22 Would Be Nearly Impossible to Change\u003c/h3>\n\u003cp>If Proposition 22 passes, it would prevent local governments from passing laws that require companies to provide additional benefits and protections for gig workers not included in Prop. 22. It would also be the hardest statute for the Legislature to alter, aside from a handful of propositions that bar any amendment whatsoever. That’s because of the 7/8ths provision.\u003c/p>\n\u003cp>A single sentence on page 18 of the initiative requires a 7/8ths vote of both the state Assembly and Senate in order to amend Prop. 22 in any way. \u003ca href=\"https://calmatters.org/politics/post-it/2020/10/california-amendment-threshold-proposition-22/\">This particular requirement is unprecedented\u003c/a>. Some propositions have required 2/3rds or 3/5s — but never 7/8ths.\u003c/p>\n\u003cp>If it passes, Prop. 22 would be harder to amend than the state’s Wildlife Protection Act, the Clean Air and Transportation Improvement Act or the Cruelty to Farm Animals Act. Amending it would take eight more votes than are needed to override a governor’s veto or revise the state Constitution, according to data provided to KQED by Alex Vassar, communications manager at the California State Library.\u003c/p>\n\u003cp>[aside postID=news_11840343,news_11841547,news_11841059 label='Election 2020 Resources']In California, a proposition can only be undone by another ballot initiative. So why is the threshold for amendment so high on Prop. 22? Part of the reason is that a section of the proposition’s stated purpose is contradictory to the wishes of gig companies.\u003c/p>\n\u003cp>Proposition 22 states that it would “require rideshare and delivery network companies to offer new protections and benefits for app-based rideshare and delivery drivers.” That might sound good to voters who want more protections for workers, but it could cause problems for gig companies. The Legislature could, for example, alter Prop. 22 once it becomes statute or pass new laws to increase benefits for workers beyond what gig companies want. The 7/8ths provision presents a very high barrier to that.\u003c/p>\n\u003cp>Prop. 22 would also stop local governments from requiring gig companies to increase benefits and protections to gig workers.\u003c/p>\n\u003cp>“Proposition 22 lops off the top by cutting off the state Legislature’s ability to amend the law, and it lops off the bottom [by] preventing local governments from ever modifying its requirements,” said Rey Fuentes, a fellow at The Partnership for Working Families, an advocacy group for workers.\u003c/p>\n\u003cp>Cities in California are often where laws that grant the most rigorous worker benefits and protections start: things like the Healthy SF program, or San Francisco’s mandatory sick leave. Cities have also been the most proactive in requiring gig companies to provide additional benefits to workers. San Francisco and San Jose, for instance, \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Two-Bay-Area-cities-poised-to-approve-paid-sick-15185145.php\">extended COVID-19 emergency benefits to gig workers\u003c/a>. \u003ca href=\"https://www.capitolhillseattle.com/2020/06/seattle-extends-sick-leave-to-gig-workers-including-food-delivery-workers-more-heroes-of-the-covid-19-crisis/\">Seattle passed a similar ordinance\u003c/a>. Prop. 22 has a clause that would preempt future measures like these.\u003c/p>\n\u003cp>Yes on Prop. 22 Spokesperson Geoff Vetter said the issue is consistency for workers who cross city and county lines.\u003c/p>\n\u003cp>“Given the cross-jurisdictional nature of the service,” Vetter said, “it would be impossible to allow all 58 counties and 480+ cities to establish separate requirements. Prop. 22 establishes uniform statewide standards for app-based driver scheduling, benefits.”\u003c/p>\n\u003ch1>\u003ca id=\"money\">\u003c/a>Unprecedented Money\u003c/h1>\n\u003cfigure id=\"attachment_11843334\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843334\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/UberLyftWindshield.jpg\" alt=\"A driver who drives for both Uber and Lyft\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/UberLyftWindshield.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/UberLyftWindshield-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/UberLyftWindshield-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/UberLyftWindshield-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/UberLyftWindshield-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Uber and Lyft have spent nearly $100 million combined in support of Prop. 22. \u003ccite>(ROBYN BECK/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Proposition 22 is on track to become the most well-funded ballot initiative in California history.\u003c/p>\n\u003cp>It has already drawn about $200 million, most of it on the pro side. As of 10 days before the election, the anti-side had around $19 million, coming mainly from labor organizations. The pro-side has over $199 million coming from gig companies. As of the beginning of October, Uber had contributed over $50 million; Lyft, $48 million; DoorDash, $47 million; InstaCart, $28 million; and Postmates, $11 million.\u003c/p>\n\u003cp>That money is not just being spent on TV and digital advertising. The Yes on Prop. 22 campaign has also contributed to political parties, including $2 million to the California Republican Party. It has spent millions hiring consultants, lobbyists and PR firms like MB Public Affairs, which is known for working with tobacco companies. These firms have launched personal and \u003ca href=\"https://www.cnet.com/features/uber-lyfts-fight-over-gig-worker-status-as-campaign-against-labor-activists-mounts/\">intrusive attacks on academics like Veena Dubal\u003c/a>, a UC Hastings law professor who has been critical of gig companies and Proposition 22.\u003c/p>\n\u003cp>The Yes on Prop. 22 campaign has also sent money to newsrooms in return for digital advertising. By the middle of September, it had sent almost $48,000 to the Sacramento Bee, $13,500 to the San Diego Union Tribune and a little over $36,000 to the San Francisco Chronicle. Both the Tribune and the Chronicle endorsed the measure, but in their endorsements made no mention of the ad revenue they had received.\u003c/p>\n\u003ch3>Marketing Prop. 22 as a Social Justice Measure\u003c/h3>\n\u003cp>Many workers in the gig economy in California are people of color – a fact reflected in the advertising campaign for Prop. 22, which presents the initiative as a boon for social justice. In the past, \u003ca href=\"https://www.kqed.org/news/11643681/lyft-gains-on-uber-by-appealing-to-progressive-political-ideals\">Lyft had leaned heavily on social justice messaging\u003c/a> to appeal to liberals and distinguish itself from Uber, especially after Trump was elected. Now, this tactic has become a major thrust of the entire Yes on Prop. 22 campaign.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Rep Barbara Lee\"]‘You have very clearly crossed the line when you try to claim the equity mantle for a campaign that has always been about allowing multi-billion-dollar app companies to write their own law so they can keep exploiting drivers.’[/pullquote]PR firms working for the campaign \u003ca href=\"https://www.sfgate.com/politics/article/Fake-progressive-mailers-urge-yes-on-Uber-Lyft-15635173.php\">have created a number of political mailers\u003c/a> that urge people to vote yes on Prop. 22 and are designed to look like voter guides coming from progressive sources. In small letters at the bottom of these mailers it says the guides are prepared by organizations like “Feel the Bern, Progressive Voter Guide,” “Council of Concerned Women Voters Guide” and “Our Voice, Latino Voter Guide,” which are all fake progressive organizations. They don’t actually exist. After these mailers were reported, Bernie Sanders \u003ca href=\"https://twitter.com/BernieSanders/status/1315650084567121920?s=20\">came out publicly against\u003c/a> Proposition 22.\u003c/p>\n\u003cp>Many of the ads in the Yes on Prop. 22 campaign feature people of color, like Aisha A. from Los Angeles, who say they need this flexible job to survive. Uber ran an ad campaign this summer with billboards in many major cities that said “If you tolerate racism, delete Uber.” Lyft \u003ca href=\"https://www.youtube.com/watch?v=yImMyOkeaKQ\">created a television ad\u003c/a> using a recording of Maya Angelou reading her poem, “On the Pulse of Morning.”\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=yImMyOkeaKQ\u003c/p>\n\u003cp>The Lyft ad begins with a voiceover of Angelou saying “Lift up your eyes upon / This day breaking for you.” You see Black and brown people getting ready for work. And then it transitions to the inside of a Lyft. There’s a montage of drivers, all people of color, picking up passengers. “Each new hour holds new chances / For a new beginning.” Angelou says “Do not be wedded forever / To fear, yoked eternally / To brutishness.”\u003c/p>\n\u003cp>Getting the California NAACP to endorse Proposition 22 was a big win for gig companies. The organization has authored voter guides telling people to vote yes, and Alice Huffman, head of the California NAACP, has been writing editorials in support of the proposition. Huffman also happens to run a consulting firm called AC Public Affairs. That firm has so far received $85,000 from the Yes on Prop. 22 Campaign. Huffman has a history of receiving contributions from corporations to support their ballot initiatives. The Yes on Prop. 22 money \u003ca href=\"https://calmatters.org/politics/2020/09/california-naacp-president-helps-corporate-ballot-measure-campaigns/\">is part of $1.2 million her firm has already received this year\u003c/a>.\u003c/p>\n\u003cp>Many Black and Latino leaders in California have come out against Proposition 22; Rep. Barbara Lee from Oakland, Stockton Mayor Michael Tubbs and members of both the Latino and Black California Legislative Caucus were part of a group that \u003ca href=\"https://thehill.com/policy/technology/520671-democrats-accuse-tech-companies-of-deceitful-tactics-in-campaign-against\">publicly denounced\u003c/a> Proposition 22 in mid-October.\u003c/p>\n\u003cp>Addressing the gig companies on the call, Lee said, “You have very clearly crossed the line when you try to claim the equity mantle for a campaign that has always been about allowing multi-billion-dollar app companies to write their own law so they can keep exploiting the drivers.”\u003c/p>\n\u003cp>In response, Vetter said “Prop. 22 not only protects the jobs of drivers of color and their freedom to work independently, it would provide drivers an earnings guarantee, access to benefits like health care and provide drivers and passengers alike with new safety protections.”\u003c/p>\n\u003ch1>\u003ca id=\"surveys\">\u003c/a>Those Driver Surveys, and What’s Wrong With Them\u003c/h1>\n\u003cfigure id=\"attachment_11843323\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843323\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/YesOn22Driver.jpg\" alt=\"Uber driver Sergei Fyodorov holds a flyer supporting a yes vote on Proposition 22 in Oakland.\" width=\"1920\" height=\"1290\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/YesOn22Driver.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/YesOn22Driver-800x538.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/YesOn22Driver-1020x685.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/YesOn22Driver-160x108.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/YesOn22Driver-1536x1032.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Uber driver Sergei Fyodorov, in Oakland, holds a flyer suggesting his riders ask him about why he supports Proposition 22. \u003ccite>(Josh Edelson/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Many ads from the Yes on Prop. 22 campaign say four out of five drivers prefer being independent contractors. This data comes from a survey done on the blog of \u003ca href=\"https://therideshareguy.com/\">Harry the Rideshare Guy\u003c/a>. It’s one of a slew of surveys the gig companies have been using to advocate for Prop. 22. These surveys are often methodologically flawed, and they never tell the whole story of what drivers want.\u003c/p>\n\u003cp>While the Harry the Rideshare Guy survey has been a central piece of advertising for Proposition 22 and used in legal arguments, it is a non-scientific, informal poll done on a blog. There was no guarantee that respondents were drivers, let alone that there was a representative sample in terms of demographics, hours driven or political leanings.\u003c/p>\n\u003cp>Harry Campbell, CEO of The Rideshare Guy blog, said he believes the site’s survey reflects what he has been hearing from drivers. Yes on Prop. 22 campaign spokesperson Geoff Vetter agreed.\u003c/p>\n\u003cp>“The Rideshare Guy polled app-based drivers in California and did it without offering payment to the respondents,” Vetter said. “All this makes for a much fuller, more accurate data set and one that correctly demonstrates how drivers feel about Prop. 22 and independent contractor v. employee status.”\u003c/p>\n\u003cp>But The Rideshare Guy survey is indicative of a number of the broader issues that the No on Prop. 22 campaign and scholars studying the gig economy have with how drivers are being surveyed. Juliet Schor, a professor of sociology at Boston College who has spent years studying the gig economy, said these surveys don’t capture the full picture. There is often bias in the sample, flawed and misleading questions and information presented that influences responses.\u003c/p>\n\u003cfigure id=\"attachment_11843775\" class=\"wp-caption aligncenter\" style=\"max-width: 411px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\" wp-image-11843775\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/edelson-survey-800x466.png\" alt=\"\" width=\"411\" height=\"239\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/edelson-survey-800x466.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/edelson-survey-1020x595.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/edelson-survey-160x93.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/edelson-survey.png 1501w\" sizes=\"(max-width: 411px) 100vw, 411px\">\u003cfigcaption class=\"wp-caption-text\">Drivers got this prompt before being asked if they supported Proposition 22. \u003ccite>(Edelson Survey Screenshot)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This \u003ca href=\"https://d3n8a8pro7vhmx.cloudfront.net/themes/5ef0e34fc294806719977470/attachments/original/1592866174/cadriversurvey.pdf?1592866174\">survey from Edelman\u003c/a> is a good example. In a question about Prop. 22, the survey included a snippet from a TechCrunch article that cast the proposition in positive light. Given that prompt, 72 percent of respondents said they supported the measure. On August 19, Lyft issued a survey that had a common flaw in the questioning, equating contractor status to freedom. The survey asked if “the freedom of being an independent contractor outweighs the benefits of being an employee.” Conflating freedom with being an independent contractor is misleading. Employees can have autonomy and freedom, and likewise contractors can be constrained and coerced.\u003c/p>\n\u003cp>Finally, there is the sample issue. The surveys give equal weight to those who drive only a few hours a week with those who drive much more. And the surveys only poll active workers, which could have a distorting effect on the results. There have been tens or even hundreds of thousands of people in California who have done some work for these gig companies and then stopped. These workers represent a large percentage of the labor that has been done for these companies, yet their opinions are being left out.\u003c/p>\n\u003cp>“It’s a big methodological weakness of the surveys,” Schor said.\u003c/p>\n\u003cp>Schor and her research team have interviewed hundreds of gig workers over the years, ethnographic data that can capture what a survey doesn’t. She says there is actually a lot of consistency in what drivers want. They want to be autonomous and have flexibility, but they also want to earn enough that they can pay their bills, buy insurance, and have money set aside if something goes wrong. Schor said she thinks a lot of gig workers in California are answering surveys with what they wish they could have: independent status and enough money to truly be their own bosses. \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3488009\">Veena Dubal wrote an entire academic paper unpacking all of this\u003c/a>.\u003c/p>\n\u003cp>Driver Noemi Torres agreed with Schor’s conclusions.\u003c/p>\n\u003cp>“We want to be independent contractors, but Uber doesn’t treat us like independent contractors,” said Torres, who has been driving for seven years outside of North Hollywood. “Initially, we would get paid enough to support ourselves in terms of getting our own health insurance, but since they keep lowering the rates, you don’t have the flexibility.” She opposes Proposition 22.\u003c/p>\n\u003cp>Drivers who support Proposition 22 often don’t sound that different when it comes to what they want. They just believe the ballot proposition can get it for them.\u003c/p>\n\u003cp>“I decided to vote yes on Prop. 22, because it would allow me and my fellow drivers to retain the flexibility we need while ensuring we get the benefits and protections we deserve,” said Dave Thomasson, a driver from West Covina.\u003c/p>\n\u003ch1>\u003ca id=\"directtovoter\">\u003c/a>Unprecedented Direct-to-Voter Connection\u003c/h1>\n\u003cfigure id=\"attachment_11843415\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843415\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/LyftAppProp22Ad.jpg\" alt=\"\" width=\"1920\" height=\"1317\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/LyftAppProp22Ad.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/LyftAppProp22Ad-800x549.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/LyftAppProp22Ad-1020x700.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/LyftAppProp22Ad-160x110.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/LyftAppProp22Ad-1536x1054.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A Lyft app displays a message asking users to vote yes on Proposition 22. \u003ccite>(JOSH EDELSON/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Last month, Hector Castellanos started seeing the pop-ups while driving for Uber. Under a dialog box emblazoned with “Prop. 22 is progress,” Castellanos had to click either “Yes on Prop. 22” or “OK” to proceed with his ride. At the same time, his riders were getting pop ups that said their drivers support Prop. 22 and that they should talk with them about it.\u003c/p>\n\u003cp>Castellanos drives full-time, and throughout the day kept seeing the pop up again and again. Castellanos opposes Proposition 22 and he didn’t want to have to click yes or OK, but he had no option. “Drivers have to click ‘yes’ even if they don’t want it,” he said. “They have to click yes or OK.”\u003c/p>\n\u003cp>[aside postID=news_11842964 hero='https://ww2.kqed.org/app/uploads/sites/10/2020/10/Uber-Driver-1020x701.jpg']Uber spokesperson Davis White said Castellanos’s experience is not the norm, and that drivers should only see the pop up once when signing off the app, and that the pop up has been changed so drivers can just close it without selecting an answer. \u003ca href=\"https://beta.documentcloud.org/documents/20398520-uber-prop-22-complaint\">Castellanos and another driver are now suing\u003c/a> Uber for allegedly infringing on their right to be free of political coercion at work.\u003c/p>\n\u003cp>Uber’s popups are an example of the unprecedented advantage gig companies have in this ballot campaign: their own apps.\u003c/p>\n\u003cp>With their apps already used by millions of California workers and consumers, proponents of no other ballot proposition have ever had direct-to-voter connection at this scale — and gig companies are using the opportunity. They’re sending emails, push notifications to phones and using pop-ups to continually send the pro-Prop. 22 message directly to their customers and workers.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"David McCuan, Sonoma State University\"]‘It is the holy grail of political communication.’[/pullquote]Lyft and Uber have been particularly aggressive in using apps to market Prop. 22 to customers. In the Uber app, riders will see a little blue text bubble coming out of the car image that says “Yes on 22.” Uber is sending push notifications that pop up on phones saying things like “Vote early on Prop. 22. Support drivers and help keep Uber in your city.”\u003c/p>\n\u003cp>Other \u003ca href=\"https://www.kqed.org/news/11842964/gig-companies-are-making-their-workers-promote-prop-22\">gig companies are also pressuring their workers\u003c/a> to spread pro-Prop. 22 messages to consumers. In October, Instacart asked workers through the app to put pro-Prop. 22 stickers in customers’ orders at a Bay Area store. The sticker said “Yes 22, Save App-Based Jobs and Services.” DoorDash is providing free delivery bags to restaurants that have Prop. 22 ads on their sides. Then workers have to use these bags to bring food to customers.\u003c/p>\n\u003cp>After backlash online, Instacart is no longer asking workers to add stickers to orders. But DoorDash is continuing to send pro-Prop. 22 delivery bags to restaurants. The company says restaurants have requested over 4 million bags.\u003c/p>\n\u003cp>This widespread use of apps to spread messages is unprecedented in a proposition campaign, and it could prove to be a powerful tactic that other corporations want to emulate.\u003c/p>\n\u003cp>“It is the holy grail of political communication,” said David McCuan, professor of political science at Sonoma State University who has been studying ballot propositions for decades.\u003c/p>\n\u003cp>If the gig companies are successful in getting Prop. 22 passed, McCuan said it could change the way ballot initiatives are fought in California. Companies with apps and money to leverage them may see ballot initiatives as a worthwhile way to get their policies enacted if this campaign shows that apps can be used to sway voters.\u003c/p>\n\u003ch1>\u003ca id=\"ramifications\">\u003c/a>The Ramifications\u003c/h1>\n\u003cp>If Proposition 22 fails, gig companies would have to reclassify workers as employees. That could mean redirecting more revenue to pay for basic employee protections, increasing fares and increased requirements to work on these apps, especially for more casual, part-time drivers.\u003c/p>\n\u003cp>Gig companies could be responsible for years of back pay, lost benefits, taxes and unpaid unemployment insurance, which could be an especially big deal for Uber and Lyft. \u003ca href=\"https://laborcenter.berkeley.edu/press-release-what-would-uber-and-lyft-owe-to-the-state-unemployment-insurance-fund/#:~:text=BERKELEY%2C%20CA%20%E2%80%94%20A%20new%20report,Fund%20between%202014%20and%202019.\">A report from UC Berkeley’s Labor Center\u003c/a> estimates they could owe as much as $413 million for the period between 2014 to 2019.\u003c/p>\n\u003cp>Uber has said prices \u003ca href=\"https://www.businessinsider.com/uber-fares-double-small-cities-if-voters-reject-prop-22-2020-10\">could double in small cities\u003c/a>. The Yes on Prop. 22 campaign has suggested that 80% to 90% of drivers could lose work. Given the lack of data from gig companies, it is hard to know how much each would have to change their prices or operations. Also Uber and Lyft are still not profitable, so some change is bound to happen to their services regardless of what happens with Proposition 22.\u003c/p>\n\u003cp>Gig companies have also said they could leave California temporarily. In the past, Uber and Lyft have left places like Austin in order to urge lawmakers to overturn regulations they didn’t like. The companies have always come back, and they’ve never pulled out of a market as big as California. \u003ca href=\"https://medium.com/tusk-venture-partners/initial-thoughts-on-what-the-2020-election-means-for-you-b7d8200b1bf6\">Bradley Tusk is a former political advisor to Uber, and he assumes\u003c/a> gig companies would use their billions of dollars to continue appealing to the Legislature and to voters to find a way to maintain their gig contractor model if Prop. 22 fails.\u003c/p>\n\u003cp>If Proposition 22 passes, California would have a third category of worker — the gig contractor — enshrined in law.\u003c/p>\n\u003cp>Gig companies like Uber, Lyft, DoorDash, Postmates and Instacart would get a carve out from state labor law and would be allowed to classify workers as gig contractors, thereby denying them basic employee benefits. The door would be open for other companies to develop apps to take advantage of this new gig worker category.\u003c/p>\n\u003cp>The measure would become the \u003ca href=\"#written\">hardest statute to amend\u003c/a> in California history, and local governments would have no power to enact laws that provide gig workers with additional benefits.\u003c/p>\n\u003cp>It would \u003ca href=\"#directtovoter\">establish a playbook\u003c/a> for other companies that want to use an app to market a ballot initiative.\u003c/p>\n\u003cp>A handful of companies will have proven that they can use a ballot initiative to maintain a business practice that has been deemed illegal either directly or indirectly by all three branches of California’s government.\u003c/p>\n\u003cp>There would certainly be lawsuits over things like the 7/8ths provision, but barring a new ballot proposition or a major legal victory, gig workers would have to continue working without basic employee protections.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "The state's most expensive ballot measure ever would lock-in a new category of worker in California - and it would be nearly impossible to change.",
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"title": "Prop. 22 Explained: Why Gig Companies Are Spending Huge Money on an Unprecedented Measure | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ci data-stringify-type=\"italic\">This story was updated Wednesday, Nov. 4 at 12:40pm\u003c/i>\u003c/p>\n\u003cp>\u003cb data-stringify-type=\"bold\">UPDATE: Proposition 22 was approved by California voters Tuesday, Nov. 3. \u003c/b>\u003cb data-stringify-type=\"bold\">\u003ca class=\"c-link\" href=\"https://www.kqed.org/news/11844725/proposition-22-passes-locking-in-sub-employee-status-for-gig-workers\" target=\"_blank\" rel=\"noopener noreferrer\" data-stringify-link=\"https://www.kqed.org/news/11844725/proposition-22-passes-locking-in-sub-employee-status-for-gig-workers\" data-sk=\"tooltip_parent\">Read the full details here\u003c/a>\u003c/b>\u003cb data-stringify-type=\"bold\">.\u003c/b>\u003c/p>\n\u003cp>\u003ci data-stringify-type=\"italic\">Original story:\u003c/i>\u003c/p>\n\u003cp>The decision California voters face on Proposition 22 boils down to this: should a handful of companies be allowed to create a new gig contractor category for their workers that doesn’t include employee protections and benefits, like unemployment insurance and workers compensation? Or should companies like Uber, Lyft and DoorDash have to follow state labor law and classify their drivers as employees, which could mean directing more revenue to workers, higher prices for consumers and increased requirements for more casual drivers?\u003c/p>\n\u003cp>That’s the choice on the ballot. But there’s so much more going on with this unprecedented and far-reaching proposition — a proposition that recent polling indicates will come down to Californians who are still undecided. As of Oct. 26, \u003ca href=\"https://www.kqed.org/news/11843691/poll-measure-pushed-by-uber-lyft-falling-just-short-of-passage-many-voters-still-undecided\">polling of likely voters\u003c/a> shows 46% in favor, 42% opposed and 12% undecided. Here’s everything you’d need to know about the proposition and its backstory before you vote.\u003c/p>\n\u003cp>\u003cstrong>Skip to:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#backstory\">The Backstory\u003c/a>\u003c/strong>: How companies like Lyft, Uber and DoorDash have avoided employee classification for eight years despite pressure from workers, labor groups and every branch of state government\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#written\">What’s Actually in Prop. 22?\u003c/a>\u003c/strong>: An explanation of the limited worker benefits and why the “7/8ths provision” would make it nearly impossible to change this law in the future\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#money\">Unprecedented Money\u003c/a>\u003c/strong>: Gig companies are spending record amounts of cash to market Prop. 22 — and it’s being framed as a social justice issue\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#surveys\">Those Driver Surveys, and What’s Wrong With Them\u003c/a>\u003c/strong>: What do drivers want? Surveys used to market Prop. 22 are often flawed and don’t tell the full story\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#directtovoter\">Unprecedented Direct-to-Voter Connection\u003c/a>\u003c/strong>: Millions of apps in millions of pockets, workers asked to deliver political ads and pop ups galore — win or lose, a new election playbook is being written\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#ramifications\">The Ramifications\u003c/a>\u003c/strong>: If Prop. 22 passes, what will it mean for gig work, labor protections, election campaigning and local governance?\u003c/li>\n\u003c/ul>\n\u003ch1>\u003ca id=\"backstory\">\u003c/a>The Backstory\u003c/h1>\n\u003cfigure id=\"attachment_11843145\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843145\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Lyft-moustache.jpg\" alt=\"Lyft car with mustache\" width=\"1920\" height=\"1250\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Lyft-moustache.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Lyft-moustache-800x521.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Lyft-moustache-1020x664.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Lyft-moustache-160x104.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Lyft-moustache-1536x1000.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A Lyft driver with one of the early fuzzy pink mustaches drives in downtown San Francisco in January, 2014. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>It all began in 2012 with a fuzzy pink mustache and a fist bump. It was Lyft, not Uber, that first started paying drivers to use their own cars to do taxi work. Both companies cast themselves not as taxi companies, but platforms to connect riders to drivers, and tech journalists helped propel this image. \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3668606\">Here’s the even deeper backstory on how that all went down\u003c/a>.\u003c/p>\n\u003cp>Using the platform argument, the gig companies classified their workers as contractors, which shielded them from liability and allowed them to avoid paying for protections like overtime and unemployment insurance. Regulators and the government at the state and federal levels did not stop Uber and Lyft, and soon, companies like Instacart, DoorDash and Postmates began following suit.\u003c/p>\n\u003cp>But this contractor model was legally suspect from the start. In California, the determination of whether a worker was a contractor or an employee was made by the Borello test, which is a \u003ca href=\"https://caselaw.findlaw.com/ca-supreme-court/1774638.html\">complex set of 11 factors established by a 1989 California Supreme Court case\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It was arguable that under those parameters, gig workers were not independent entrepreneurs running their own businesses on a platform provided by “tech” companies, but instead, employees of a transportation company in the case of Uber and Lyft, a service company in the case of TaskRabbit and a delivery company in the case of Postmates or DoorDash.\u003ca href=\"https://www.reuters.com/article/us-uber-tech-drivers-lawsuit/uber-drivers-granted-class-action-status-in-lawsuit-over-employment-idUSKCN0R14O920150901\"> Lawyers began trying to make the case\u003c/a> with big lawsuits against gig companies.\u003c/p>\n\u003cp>Workers were and still are fighting almost all the battles over employee protections and benefits behind closed doors. That’s because gig companies make workers sign arbitration clauses, which prevent them from taking any grievance to court. That has helped preempt and neutralize class-action lawsuits. Law professor Charlotte Garden \u003ca href=\"https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1794&context=faculty\">wrote a whole academic paper\u003c/a> on how the gig economy relies on mandatory arbitration.\u003c/p>\n\u003cp>In 2014, as Uber and Lyft began to slash wages in a price war, workers increased their protest, but they could make no headway toward employment status. Gig companies leaned on customer support for political support, and consumers loved these cheap rides, which were kept low by the contractor model and venture capital. It took six years for any notable action from California’s government. And it came first from the judicial branch.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In a ruling on a case known as \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\">Dynamex in 2018\u003c/a>, California’s Supreme Court simplified the Borello test, boiling it down to just three factors, called the ABCs. A worker could now only be classified as a contractor if they:\u003c/p>\n\u003cul>\n\u003cli>A) Were free from the control and direction of the hirer\u003c/li>\n\u003cli>B) Performed work outside the hirer’s normal course of business\u003c/li>\n\u003cli>C) Had their own independently established trade, occupation or business\u003c/li>\n\u003c/ul>\n\u003cp>The ruling made it much more difficult for gig companies to deny workers employee benefits and protections. But still, gig companies kept classifying workers as contractors.\u003c/p>\n\u003cp>After the state Supreme Court, the Legislature took up the fight. Lawmakers passed \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB5\">Assembly Bill 5\u003c/a>, which went into effect on Jan. 1, 2020. AB 5 codified the Dynamex ruling and was designed with gig companies in mind.\u003c/p>\n\u003cp>However, the new law also affected a number of other industries that have come to rely on contractors. The bill was amended after a backlash, and a number of professions got exemptions, like fine artists, foresters and translators — but not gig workers. Still, gig companies kept classifying workers as contractors.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Then in May, several months into the coronavirus pandemic, with tens of thousands of Uber and Lyft drivers seeking unemployment funds that didn’t exist because the companies had never paid into the state unemployment fund, the executive branch got involved. California Attorney General Xavier Becerra, along with a handful of city attorneys, \u003ca href=\"https://www.kqed.org/news/11816321/california-city-attorneys-sue-uber-and-lyft-over-worker-misclassification\">sued Uber and Lyft for misclassifying workers\u003c/a>. On Oct. 22 Uber and Lyft \u003ca href=\"https://www.latimes.com/business/story/2020-10-22/uber-and-lyft-must-comply-with-labor-law-ab-5-appeals-court-orders\">lost an appeal\u003c/a>, and will have to start classifying workers as employees in 30 days — unless Proposition 22 passes.\u003c/p>\n\u003cp>After AB 5 passed, the gig companies started their ballot initiative campaign, hoping that voters would enshrine their gig contractor model into law. Now, with all three branches of California’s government pressuring them to classify workers as employees, they are pouring money into Proposition 22. It’s become \u003ca href=\"https://ballotpedia.org/What_were_the_most_expensive_ballot_measures_in_California\">the most well-funded ballot initiative in California history\u003c/a>. And it’s designed to be a conclusive victory for gig companies.\u003c/p>\n\u003ch1>\u003ca id=\"written\">\u003c/a>What’s Actually in Prop. 22?\u003c/h1>\n\u003cfigure id=\"attachment_11843210\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843210\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A San Francisco resident fills out their mail-in ballot on Oct. 6, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Proposition 22 is written as an exemption from AB 5 for any company that provides transportation or delivery services through an app. It would enshrine in law a kind of third employment category: the contract gig worker. This has been a goal of gig companies for years. They have pursued it at the federal level, and have already \u003ca href=\"https://www.nelp.org/publication/rights-at-risk-gig-companies-campaign-to-upend-employment-as-we-know-it/\">had success in getting legislation on the books in a number of states\u003c/a>.\u003c/p>\n\u003cp>But the measure has several other provisions built around the central premise of exempting gig companies from AB 5.\u003c/p>\n\u003ch3>Limited Employee Benefits\u003c/h3>\n\u003cp>Prop. 22 would guarantee gig workers some limited benefits and protections. As contractors, they currently have none. But the benefits are not as straightforward as they appear at first read.\u003c/p>\n\u003cp>The most murky benefit is the guaranteed wage floor. Prop. 22 would ensure 120% of minimum wage and 30 cents per mile for drivers, adjusted for inflation. But there’s a pretty big catch. The guarantee is only for “engaged” driving time, defined as the time between “accepting a service request and completing the request.”\u003c/p>\n\u003cp>Much of gig work is spent waiting for a job in the app. \u003ca href=\"https://laborcenter.berkeley.edu/the-uber-lyft-ballot-initiative-guarantees-only-5-64-an-hour-2/\">UC Berkeley’s Labor Center did a study\u003c/a> where they tried to take time between rides into account, along with wear and tear on the vehicle. Adding those factors in the mix, the study found the wage guarantee drops to just $5.64 an hour, a drastic pay cut from the $13 minimum wage they would be guaranteed as employees in California. Uber and Lyft disputed the findings in the study, and \u003ca href=\"https://ucreconomicforecast.org/wp-content/uploads/2020/08/Prop22_Driver_Earnings_Analysis_August2020.pdf\">they commissioned another study\u003c/a> that put the earnings at between $25 and $27 an hour. That prompted \u003ca href=\"https://laborcenter.berkeley.edu/the-effects-of-proposition-22-on-driver-earnings-response-to-a-lyft-funded-report-by-dr-christopher-thornberg/#_edn5\">a rebuttal from UC Berkeley.\u003c/a>\u003c/p>\n\u003cp>Aside from the wage floor, Prop. 22 includes a number of benefits that are substitutes for protections guaranteed by traditional employment. In each case, these protections are weaker than what workers would get as employees, and some are contingent on driving a certain number of hours.\u003c/p>\n\u003cp>Instead of health care, drivers who put in over 25 hours per week of engaged driving time would get health care subsidies. Instead of workers compensation, companies would offer occupational accident insurance for medical expenses, lost income and disability. Companies would also offer accidental death insurance. It is not clear if these insurance plans would be given to workers automatically, or if they would only be guaranteed the opportunity to purchase them.\u003c/p>\n\u003cfigure id=\"attachment_11843841\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843841\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut.jpg\" alt=\"ride-hail driver in Oakland\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A ride-hail driver in Oakland In March, 2020. Prop. 22 would guarantee gig workers some limited benefits and protections. As contractors, they currently have none. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Prop. 22 also includes provisions to address long-term accountability issues in the gig industry, like discrimination, sexual misconduct, a lack of background checks and drivers working more than 12 hours a day. Gig companies would be required to create anti-discrimination and sexual harassment policies, develop training programs for drivers and require criminal background checks — all things that the companies have been criticized for lacking in the past.\u003c/p>\n\u003cp>Many of the issues these final provisions would address are things that are exacerbated by the contractor status of workers. If these workers were actually employees, gig companies would be far more liable for things like car accidents, sexual misconduct and criminal activity.\u003c/p>\n\u003ch3>Prop. 22 Would Be Nearly Impossible to Change\u003c/h3>\n\u003cp>If Proposition 22 passes, it would prevent local governments from passing laws that require companies to provide additional benefits and protections for gig workers not included in Prop. 22. It would also be the hardest statute for the Legislature to alter, aside from a handful of propositions that bar any amendment whatsoever. That’s because of the 7/8ths provision.\u003c/p>\n\u003cp>A single sentence on page 18 of the initiative requires a 7/8ths vote of both the state Assembly and Senate in order to amend Prop. 22 in any way. \u003ca href=\"https://calmatters.org/politics/post-it/2020/10/california-amendment-threshold-proposition-22/\">This particular requirement is unprecedented\u003c/a>. Some propositions have required 2/3rds or 3/5s — but never 7/8ths.\u003c/p>\n\u003cp>If it passes, Prop. 22 would be harder to amend than the state’s Wildlife Protection Act, the Clean Air and Transportation Improvement Act or the Cruelty to Farm Animals Act. Amending it would take eight more votes than are needed to override a governor’s veto or revise the state Constitution, according to data provided to KQED by Alex Vassar, communications manager at the California State Library.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In California, a proposition can only be undone by another ballot initiative. So why is the threshold for amendment so high on Prop. 22? Part of the reason is that a section of the proposition’s stated purpose is contradictory to the wishes of gig companies.\u003c/p>\n\u003cp>Proposition 22 states that it would “require rideshare and delivery network companies to offer new protections and benefits for app-based rideshare and delivery drivers.” That might sound good to voters who want more protections for workers, but it could cause problems for gig companies. The Legislature could, for example, alter Prop. 22 once it becomes statute or pass new laws to increase benefits for workers beyond what gig companies want. The 7/8ths provision presents a very high barrier to that.\u003c/p>\n\u003cp>Prop. 22 would also stop local governments from requiring gig companies to increase benefits and protections to gig workers.\u003c/p>\n\u003cp>“Proposition 22 lops off the top by cutting off the state Legislature’s ability to amend the law, and it lops off the bottom [by] preventing local governments from ever modifying its requirements,” said Rey Fuentes, a fellow at The Partnership for Working Families, an advocacy group for workers.\u003c/p>\n\u003cp>Cities in California are often where laws that grant the most rigorous worker benefits and protections start: things like the Healthy SF program, or San Francisco’s mandatory sick leave. Cities have also been the most proactive in requiring gig companies to provide additional benefits to workers. San Francisco and San Jose, for instance, \u003ca href=\"https://www.sfchronicle.com/bayarea/article/Two-Bay-Area-cities-poised-to-approve-paid-sick-15185145.php\">extended COVID-19 emergency benefits to gig workers\u003c/a>. \u003ca href=\"https://www.capitolhillseattle.com/2020/06/seattle-extends-sick-leave-to-gig-workers-including-food-delivery-workers-more-heroes-of-the-covid-19-crisis/\">Seattle passed a similar ordinance\u003c/a>. Prop. 22 has a clause that would preempt future measures like these.\u003c/p>\n\u003cp>Yes on Prop. 22 Spokesperson Geoff Vetter said the issue is consistency for workers who cross city and county lines.\u003c/p>\n\u003cp>“Given the cross-jurisdictional nature of the service,” Vetter said, “it would be impossible to allow all 58 counties and 480+ cities to establish separate requirements. Prop. 22 establishes uniform statewide standards for app-based driver scheduling, benefits.”\u003c/p>\n\u003ch1>\u003ca id=\"money\">\u003c/a>Unprecedented Money\u003c/h1>\n\u003cfigure id=\"attachment_11843334\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843334\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/UberLyftWindshield.jpg\" alt=\"A driver who drives for both Uber and Lyft\" width=\"1920\" height=\"1280\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/UberLyftWindshield.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/UberLyftWindshield-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/UberLyftWindshield-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/UberLyftWindshield-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/UberLyftWindshield-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Uber and Lyft have spent nearly $100 million combined in support of Prop. 22. \u003ccite>(ROBYN BECK/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Proposition 22 is on track to become the most well-funded ballot initiative in California history.\u003c/p>\n\u003cp>It has already drawn about $200 million, most of it on the pro side. As of 10 days before the election, the anti-side had around $19 million, coming mainly from labor organizations. The pro-side has over $199 million coming from gig companies. As of the beginning of October, Uber had contributed over $50 million; Lyft, $48 million; DoorDash, $47 million; InstaCart, $28 million; and Postmates, $11 million.\u003c/p>\n\u003cp>That money is not just being spent on TV and digital advertising. The Yes on Prop. 22 campaign has also contributed to political parties, including $2 million to the California Republican Party. It has spent millions hiring consultants, lobbyists and PR firms like MB Public Affairs, which is known for working with tobacco companies. These firms have launched personal and \u003ca href=\"https://www.cnet.com/features/uber-lyfts-fight-over-gig-worker-status-as-campaign-against-labor-activists-mounts/\">intrusive attacks on academics like Veena Dubal\u003c/a>, a UC Hastings law professor who has been critical of gig companies and Proposition 22.\u003c/p>\n\u003cp>The Yes on Prop. 22 campaign has also sent money to newsrooms in return for digital advertising. By the middle of September, it had sent almost $48,000 to the Sacramento Bee, $13,500 to the San Diego Union Tribune and a little over $36,000 to the San Francisco Chronicle. Both the Tribune and the Chronicle endorsed the measure, but in their endorsements made no mention of the ad revenue they had received.\u003c/p>\n\u003ch3>Marketing Prop. 22 as a Social Justice Measure\u003c/h3>\n\u003cp>Many workers in the gig economy in California are people of color – a fact reflected in the advertising campaign for Prop. 22, which presents the initiative as a boon for social justice. In the past, \u003ca href=\"https://www.kqed.org/news/11643681/lyft-gains-on-uber-by-appealing-to-progressive-political-ideals\">Lyft had leaned heavily on social justice messaging\u003c/a> to appeal to liberals and distinguish itself from Uber, especially after Trump was elected. Now, this tactic has become a major thrust of the entire Yes on Prop. 22 campaign.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘You have very clearly crossed the line when you try to claim the equity mantle for a campaign that has always been about allowing multi-billion-dollar app companies to write their own law so they can keep exploiting drivers.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>PR firms working for the campaign \u003ca href=\"https://www.sfgate.com/politics/article/Fake-progressive-mailers-urge-yes-on-Uber-Lyft-15635173.php\">have created a number of political mailers\u003c/a> that urge people to vote yes on Prop. 22 and are designed to look like voter guides coming from progressive sources. In small letters at the bottom of these mailers it says the guides are prepared by organizations like “Feel the Bern, Progressive Voter Guide,” “Council of Concerned Women Voters Guide” and “Our Voice, Latino Voter Guide,” which are all fake progressive organizations. They don’t actually exist. After these mailers were reported, Bernie Sanders \u003ca href=\"https://twitter.com/BernieSanders/status/1315650084567121920?s=20\">came out publicly against\u003c/a> Proposition 22.\u003c/p>\n\u003cp>Many of the ads in the Yes on Prop. 22 campaign feature people of color, like Aisha A. from Los Angeles, who say they need this flexible job to survive. Uber ran an ad campaign this summer with billboards in many major cities that said “If you tolerate racism, delete Uber.” Lyft \u003ca href=\"https://www.youtube.com/watch?v=yImMyOkeaKQ\">created a television ad\u003c/a> using a recording of Maya Angelou reading her poem, “On the Pulse of Morning.”\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/yImMyOkeaKQ'\n title='//www.youtube.com/embed/yImMyOkeaKQ'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>The Lyft ad begins with a voiceover of Angelou saying “Lift up your eyes upon / This day breaking for you.” You see Black and brown people getting ready for work. And then it transitions to the inside of a Lyft. There’s a montage of drivers, all people of color, picking up passengers. “Each new hour holds new chances / For a new beginning.” Angelou says “Do not be wedded forever / To fear, yoked eternally / To brutishness.”\u003c/p>\n\u003cp>Getting the California NAACP to endorse Proposition 22 was a big win for gig companies. The organization has authored voter guides telling people to vote yes, and Alice Huffman, head of the California NAACP, has been writing editorials in support of the proposition. Huffman also happens to run a consulting firm called AC Public Affairs. That firm has so far received $85,000 from the Yes on Prop. 22 Campaign. Huffman has a history of receiving contributions from corporations to support their ballot initiatives. The Yes on Prop. 22 money \u003ca href=\"https://calmatters.org/politics/2020/09/california-naacp-president-helps-corporate-ballot-measure-campaigns/\">is part of $1.2 million her firm has already received this year\u003c/a>.\u003c/p>\n\u003cp>Many Black and Latino leaders in California have come out against Proposition 22; Rep. Barbara Lee from Oakland, Stockton Mayor Michael Tubbs and members of both the Latino and Black California Legislative Caucus were part of a group that \u003ca href=\"https://thehill.com/policy/technology/520671-democrats-accuse-tech-companies-of-deceitful-tactics-in-campaign-against\">publicly denounced\u003c/a> Proposition 22 in mid-October.\u003c/p>\n\u003cp>Addressing the gig companies on the call, Lee said, “You have very clearly crossed the line when you try to claim the equity mantle for a campaign that has always been about allowing multi-billion-dollar app companies to write their own law so they can keep exploiting the drivers.”\u003c/p>\n\u003cp>In response, Vetter said “Prop. 22 not only protects the jobs of drivers of color and their freedom to work independently, it would provide drivers an earnings guarantee, access to benefits like health care and provide drivers and passengers alike with new safety protections.”\u003c/p>\n\u003ch1>\u003ca id=\"surveys\">\u003c/a>Those Driver Surveys, and What’s Wrong With Them\u003c/h1>\n\u003cfigure id=\"attachment_11843323\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843323\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/YesOn22Driver.jpg\" alt=\"Uber driver Sergei Fyodorov holds a flyer supporting a yes vote on Proposition 22 in Oakland.\" width=\"1920\" height=\"1290\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/YesOn22Driver.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/YesOn22Driver-800x538.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/YesOn22Driver-1020x685.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/YesOn22Driver-160x108.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/YesOn22Driver-1536x1032.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Uber driver Sergei Fyodorov, in Oakland, holds a flyer suggesting his riders ask him about why he supports Proposition 22. \u003ccite>(Josh Edelson/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Many ads from the Yes on Prop. 22 campaign say four out of five drivers prefer being independent contractors. This data comes from a survey done on the blog of \u003ca href=\"https://therideshareguy.com/\">Harry the Rideshare Guy\u003c/a>. It’s one of a slew of surveys the gig companies have been using to advocate for Prop. 22. These surveys are often methodologically flawed, and they never tell the whole story of what drivers want.\u003c/p>\n\u003cp>While the Harry the Rideshare Guy survey has been a central piece of advertising for Proposition 22 and used in legal arguments, it is a non-scientific, informal poll done on a blog. There was no guarantee that respondents were drivers, let alone that there was a representative sample in terms of demographics, hours driven or political leanings.\u003c/p>\n\u003cp>Harry Campbell, CEO of The Rideshare Guy blog, said he believes the site’s survey reflects what he has been hearing from drivers. Yes on Prop. 22 campaign spokesperson Geoff Vetter agreed.\u003c/p>\n\u003cp>“The Rideshare Guy polled app-based drivers in California and did it without offering payment to the respondents,” Vetter said. “All this makes for a much fuller, more accurate data set and one that correctly demonstrates how drivers feel about Prop. 22 and independent contractor v. employee status.”\u003c/p>\n\u003cp>But The Rideshare Guy survey is indicative of a number of the broader issues that the No on Prop. 22 campaign and scholars studying the gig economy have with how drivers are being surveyed. Juliet Schor, a professor of sociology at Boston College who has spent years studying the gig economy, said these surveys don’t capture the full picture. There is often bias in the sample, flawed and misleading questions and information presented that influences responses.\u003c/p>\n\u003cfigure id=\"attachment_11843775\" class=\"wp-caption aligncenter\" style=\"max-width: 411px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\" wp-image-11843775\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/edelson-survey-800x466.png\" alt=\"\" width=\"411\" height=\"239\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/edelson-survey-800x466.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/edelson-survey-1020x595.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/edelson-survey-160x93.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/edelson-survey.png 1501w\" sizes=\"(max-width: 411px) 100vw, 411px\">\u003cfigcaption class=\"wp-caption-text\">Drivers got this prompt before being asked if they supported Proposition 22. \u003ccite>(Edelson Survey Screenshot)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>This \u003ca href=\"https://d3n8a8pro7vhmx.cloudfront.net/themes/5ef0e34fc294806719977470/attachments/original/1592866174/cadriversurvey.pdf?1592866174\">survey from Edelman\u003c/a> is a good example. In a question about Prop. 22, the survey included a snippet from a TechCrunch article that cast the proposition in positive light. Given that prompt, 72 percent of respondents said they supported the measure. On August 19, Lyft issued a survey that had a common flaw in the questioning, equating contractor status to freedom. The survey asked if “the freedom of being an independent contractor outweighs the benefits of being an employee.” Conflating freedom with being an independent contractor is misleading. Employees can have autonomy and freedom, and likewise contractors can be constrained and coerced.\u003c/p>\n\u003cp>Finally, there is the sample issue. The surveys give equal weight to those who drive only a few hours a week with those who drive much more. And the surveys only poll active workers, which could have a distorting effect on the results. There have been tens or even hundreds of thousands of people in California who have done some work for these gig companies and then stopped. These workers represent a large percentage of the labor that has been done for these companies, yet their opinions are being left out.\u003c/p>\n\u003cp>“It’s a big methodological weakness of the surveys,” Schor said.\u003c/p>\n\u003cp>Schor and her research team have interviewed hundreds of gig workers over the years, ethnographic data that can capture what a survey doesn’t. She says there is actually a lot of consistency in what drivers want. They want to be autonomous and have flexibility, but they also want to earn enough that they can pay their bills, buy insurance, and have money set aside if something goes wrong. Schor said she thinks a lot of gig workers in California are answering surveys with what they wish they could have: independent status and enough money to truly be their own bosses. \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3488009\">Veena Dubal wrote an entire academic paper unpacking all of this\u003c/a>.\u003c/p>\n\u003cp>Driver Noemi Torres agreed with Schor’s conclusions.\u003c/p>\n\u003cp>“We want to be independent contractors, but Uber doesn’t treat us like independent contractors,” said Torres, who has been driving for seven years outside of North Hollywood. “Initially, we would get paid enough to support ourselves in terms of getting our own health insurance, but since they keep lowering the rates, you don’t have the flexibility.” She opposes Proposition 22.\u003c/p>\n\u003cp>Drivers who support Proposition 22 often don’t sound that different when it comes to what they want. They just believe the ballot proposition can get it for them.\u003c/p>\n\u003cp>“I decided to vote yes on Prop. 22, because it would allow me and my fellow drivers to retain the flexibility we need while ensuring we get the benefits and protections we deserve,” said Dave Thomasson, a driver from West Covina.\u003c/p>\n\u003ch1>\u003ca id=\"directtovoter\">\u003c/a>Unprecedented Direct-to-Voter Connection\u003c/h1>\n\u003cfigure id=\"attachment_11843415\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843415\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/LyftAppProp22Ad.jpg\" alt=\"\" width=\"1920\" height=\"1317\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/LyftAppProp22Ad.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/LyftAppProp22Ad-800x549.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/LyftAppProp22Ad-1020x700.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/LyftAppProp22Ad-160x110.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/LyftAppProp22Ad-1536x1054.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">A Lyft app displays a message asking users to vote yes on Proposition 22. \u003ccite>(JOSH EDELSON/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Last month, Hector Castellanos started seeing the pop-ups while driving for Uber. Under a dialog box emblazoned with “Prop. 22 is progress,” Castellanos had to click either “Yes on Prop. 22” or “OK” to proceed with his ride. At the same time, his riders were getting pop ups that said their drivers support Prop. 22 and that they should talk with them about it.\u003c/p>\n\u003cp>Castellanos drives full-time, and throughout the day kept seeing the pop up again and again. Castellanos opposes Proposition 22 and he didn’t want to have to click yes or OK, but he had no option. “Drivers have to click ‘yes’ even if they don’t want it,” he said. “They have to click yes or OK.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Uber spokesperson Davis White said Castellanos’s experience is not the norm, and that drivers should only see the pop up once when signing off the app, and that the pop up has been changed so drivers can just close it without selecting an answer. \u003ca href=\"https://beta.documentcloud.org/documents/20398520-uber-prop-22-complaint\">Castellanos and another driver are now suing\u003c/a> Uber for allegedly infringing on their right to be free of political coercion at work.\u003c/p>\n\u003cp>Uber’s popups are an example of the unprecedented advantage gig companies have in this ballot campaign: their own apps.\u003c/p>\n\u003cp>With their apps already used by millions of California workers and consumers, proponents of no other ballot proposition have ever had direct-to-voter connection at this scale — and gig companies are using the opportunity. They’re sending emails, push notifications to phones and using pop-ups to continually send the pro-Prop. 22 message directly to their customers and workers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Lyft and Uber have been particularly aggressive in using apps to market Prop. 22 to customers. In the Uber app, riders will see a little blue text bubble coming out of the car image that says “Yes on 22.” Uber is sending push notifications that pop up on phones saying things like “Vote early on Prop. 22. Support drivers and help keep Uber in your city.”\u003c/p>\n\u003cp>Other \u003ca href=\"https://www.kqed.org/news/11842964/gig-companies-are-making-their-workers-promote-prop-22\">gig companies are also pressuring their workers\u003c/a> to spread pro-Prop. 22 messages to consumers. In October, Instacart asked workers through the app to put pro-Prop. 22 stickers in customers’ orders at a Bay Area store. The sticker said “Yes 22, Save App-Based Jobs and Services.” DoorDash is providing free delivery bags to restaurants that have Prop. 22 ads on their sides. Then workers have to use these bags to bring food to customers.\u003c/p>\n\u003cp>After backlash online, Instacart is no longer asking workers to add stickers to orders. But DoorDash is continuing to send pro-Prop. 22 delivery bags to restaurants. The company says restaurants have requested over 4 million bags.\u003c/p>\n\u003cp>This widespread use of apps to spread messages is unprecedented in a proposition campaign, and it could prove to be a powerful tactic that other corporations want to emulate.\u003c/p>\n\u003cp>“It is the holy grail of political communication,” said David McCuan, professor of political science at Sonoma State University who has been studying ballot propositions for decades.\u003c/p>\n\u003cp>If the gig companies are successful in getting Prop. 22 passed, McCuan said it could change the way ballot initiatives are fought in California. Companies with apps and money to leverage them may see ballot initiatives as a worthwhile way to get their policies enacted if this campaign shows that apps can be used to sway voters.\u003c/p>\n\u003ch1>\u003ca id=\"ramifications\">\u003c/a>The Ramifications\u003c/h1>\n\u003cp>If Proposition 22 fails, gig companies would have to reclassify workers as employees. That could mean redirecting more revenue to pay for basic employee protections, increasing fares and increased requirements to work on these apps, especially for more casual, part-time drivers.\u003c/p>\n\u003cp>Gig companies could be responsible for years of back pay, lost benefits, taxes and unpaid unemployment insurance, which could be an especially big deal for Uber and Lyft. \u003ca href=\"https://laborcenter.berkeley.edu/press-release-what-would-uber-and-lyft-owe-to-the-state-unemployment-insurance-fund/#:~:text=BERKELEY%2C%20CA%20%E2%80%94%20A%20new%20report,Fund%20between%202014%20and%202019.\">A report from UC Berkeley’s Labor Center\u003c/a> estimates they could owe as much as $413 million for the period between 2014 to 2019.\u003c/p>\n\u003cp>Uber has said prices \u003ca href=\"https://www.businessinsider.com/uber-fares-double-small-cities-if-voters-reject-prop-22-2020-10\">could double in small cities\u003c/a>. The Yes on Prop. 22 campaign has suggested that 80% to 90% of drivers could lose work. Given the lack of data from gig companies, it is hard to know how much each would have to change their prices or operations. Also Uber and Lyft are still not profitable, so some change is bound to happen to their services regardless of what happens with Proposition 22.\u003c/p>\n\u003cp>Gig companies have also said they could leave California temporarily. In the past, Uber and Lyft have left places like Austin in order to urge lawmakers to overturn regulations they didn’t like. The companies have always come back, and they’ve never pulled out of a market as big as California. \u003ca href=\"https://medium.com/tusk-venture-partners/initial-thoughts-on-what-the-2020-election-means-for-you-b7d8200b1bf6\">Bradley Tusk is a former political advisor to Uber, and he assumes\u003c/a> gig companies would use their billions of dollars to continue appealing to the Legislature and to voters to find a way to maintain their gig contractor model if Prop. 22 fails.\u003c/p>\n\u003cp>If Proposition 22 passes, California would have a third category of worker — the gig contractor — enshrined in law.\u003c/p>\n\u003cp>Gig companies like Uber, Lyft, DoorDash, Postmates and Instacart would get a carve out from state labor law and would be allowed to classify workers as gig contractors, thereby denying them basic employee benefits. The door would be open for other companies to develop apps to take advantage of this new gig worker category.\u003c/p>\n\u003cp>The measure would become the \u003ca href=\"#written\">hardest statute to amend\u003c/a> in California history, and local governments would have no power to enact laws that provide gig workers with additional benefits.\u003c/p>\n\u003cp>It would \u003ca href=\"#directtovoter\">establish a playbook\u003c/a> for other companies that want to use an app to market a ballot initiative.\u003c/p>\n\u003cp>A handful of companies will have proven that they can use a ballot initiative to maintain a business practice that has been deemed illegal either directly or indirectly by all three branches of California’s government.\u003c/p>\n\u003cp>There would certainly be lawsuits over things like the 7/8ths provision, but barring a new ballot proposition or a major legal victory, gig workers would have to continue working without basic employee protections.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Misty Masvalo has been living in a retrofitted van for the past few years. She’s added solar panels, a propane stovetop and a sink operated by a foot pump. She’s working on installing a compostable toilet, too.\u003c/p>\n\u003cp>“I feel like [the van] is a little beach shack on wheels,” Masvalo said. “I have to make it a little comfortable.”\u003c/p>\n\u003cp>Masvalo wants to find permanent housing, but can’t see how that’s going to happen, unless the price of housing drops substantially — or her wages rise substantially.\u003c/p>\n\u003cp>Her wages as a part-time yoga instructor and preschool teacher have never been enough to make it easy to keep a roof over her head.\u003c/p>\n\u003cp>“Teachers in general don’t make great money, but early childhood educators are especially affected by low wages,” Masvalo said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>After moving several times between different apartments in the region, Masvalo decided to cash out her savings and buy the van.\u003c/p>\n\u003cp>Now, she’s watching a local measure on Mountain View’s November ballot. Measure C would ban oversized vehicles, or any vehicle “\u003ca href=\"https://www.mountainview.gov/civicax/filebank/blobdload.aspx?BlobID=32778\">which exceeds 22 feet in length or 7 feet in width or 7 feet in height,\u003c/a>” from parking on streets that are 40 feet or narrower, unless the vehicle is parked for short duration activities like loading and unloading.\u003c/p>\n\u003cp>As more and more people like Masvalo park along major thoroughfares and back roads, the Mountain View City Council has come under pressure from homeowners who complain that oversized vehicles block bike lanes and line of sight for drivers.\u003c/p>\n\u003cp>After years of talking about a “safe parking” program, the city finally \u003ca href=\"https://www.kqed.org/news/11782096/after-mountain-view-approves-rv-ban-housing-advocates-vow-to-fight-it-at-ballot-box\" target=\"_blank\" rel=\"noopener noreferrer\">created one in 2019\u003c/a>. People can park their RVs or oversized vans in sections of dedicated parking lots, as long as they agree to sign up for social services and support to find permanent housing.\u003c/p>\n\u003cp>Mountain View resident Prody Hazarika supports Measure C, because he thinks people should use the safe parking program instead of parking on the street.\u003c/p>\n\u003cp>“We have to encourage the right path,” he said on \u003ca href=\"https://www.kqed.org/forum/2010101880303/election-2020-mountain-view-moves-to-keep-a-ban-on-rvs\">KQED Forum\u003c/a>. “That can only be accomplished where you have parking lots where you can get better in life.”\u003c/p>\n\u003cp>Hazarika believes that Measure C gives homeowners a voice.\u003c/p>\n\u003cp>“[Homeowners] have a right to demand safe streets and good community living,” he said.\u003c/p>\n\u003cp>His sentiments are echoed by Mountain View Mayor Margaret Abe-Koga. She also doesn’t believe RVs are a permanent solution to housing and said Measure C would encourage people to find more stable housing or to use the city-funded safe parking program.\u003c/p>\n\u003cp>“What I’m really proud of is the safe lots that we’ve opened,” she said. “They are successful and I’m open to adding more spaces if we can.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.mountainview.gov/depts/comdev/preservation/safe_parking_program.asp\">Mountain View’s Safe Parking program\u003c/a> is the largest of its kind in Santa Clara County, with 75 spots located across the city. But according to a Safe Parking report from September, the city’s homeless population has grown over the years, from 276 in 2015 to about 606 in 2019. \u003ca href=\"https://movemv.org/\">Move Mountain View\u003c/a>, a nonprofit which helps run the safe parking program, says safe parking lots are often filled, leaving many on the waitlist.\u003c/p>\n\u003cp>[aside tag=\"election-2020\" label=\"Election 2020 Coverage\"]\u003c/p>\n\u003cp>Despite evidence that most homeless individuals are local, many of Measure C’s supporters hold a widely held belief that those living in vehicles come from elsewhere.\u003c/p>\n\u003cp>“Mountain View has become known for the services that we provide, so other cities are telling folks to come here,” said former mayor Lisa Matichak during a recent forum on housing hosted by the \u003ca href=\"https://mvmha.com/\">Mountain View Mobile Home Alliance\u003c/a>. Matichak is one of four former Mountain View mayors currently running for a city council seat this November.\u003c/p>\n\u003cp>Move Mountain View said participants of the program are asked whether they live in Mountain View before they can qualify for a parking spot.\u003c/p>\n\u003cp>“We need reciprocity,” said former mayor Lenny Siegel, who is also running for a city council seat. A long-time affordable housing advocate, he opposes Measure C because he feels it pushes people out before providing an alternative housing option.\u003c/p>\n\u003cp>“We can’t throw people out until there’s a place to go,” he said.\u003c/p>\n\u003cp>Masvalo’s van is eight feet tall, which means she’d be affected by Measure C if it passes. She feels her job is important to the Mountain View community and wants be able to live in the city where she works.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Who is going to take care of your children so that you can work your eight plus hours a day and make your wonderful annual salary?” she asked. “We’re just doing our best to make ends meet.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Misty Masvalo has been living in a retrofitted van for the past few years. She’s added solar panels, a propane stovetop and a sink operated by a foot pump. She’s working on installing a compostable toilet, too.\u003c/p>\n\u003cp>“I feel like [the van] is a little beach shack on wheels,” Masvalo said. “I have to make it a little comfortable.”\u003c/p>\n\u003cp>Masvalo wants to find permanent housing, but can’t see how that’s going to happen, unless the price of housing drops substantially — or her wages rise substantially.\u003c/p>\n\u003cp>Her wages as a part-time yoga instructor and preschool teacher have never been enough to make it easy to keep a roof over her head.\u003c/p>\n\u003cp>“Teachers in general don’t make great money, but early childhood educators are especially affected by low wages,” Masvalo said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>After moving several times between different apartments in the region, Masvalo decided to cash out her savings and buy the van.\u003c/p>\n\u003cp>Now, she’s watching a local measure on Mountain View’s November ballot. Measure C would ban oversized vehicles, or any vehicle “\u003ca href=\"https://www.mountainview.gov/civicax/filebank/blobdload.aspx?BlobID=32778\">which exceeds 22 feet in length or 7 feet in width or 7 feet in height,\u003c/a>” from parking on streets that are 40 feet or narrower, unless the vehicle is parked for short duration activities like loading and unloading.\u003c/p>\n\u003cp>As more and more people like Masvalo park along major thoroughfares and back roads, the Mountain View City Council has come under pressure from homeowners who complain that oversized vehicles block bike lanes and line of sight for drivers.\u003c/p>\n\u003cp>After years of talking about a “safe parking” program, the city finally \u003ca href=\"https://www.kqed.org/news/11782096/after-mountain-view-approves-rv-ban-housing-advocates-vow-to-fight-it-at-ballot-box\" target=\"_blank\" rel=\"noopener noreferrer\">created one in 2019\u003c/a>. People can park their RVs or oversized vans in sections of dedicated parking lots, as long as they agree to sign up for social services and support to find permanent housing.\u003c/p>\n\u003cp>Mountain View resident Prody Hazarika supports Measure C, because he thinks people should use the safe parking program instead of parking on the street.\u003c/p>\n\u003cp>“We have to encourage the right path,” he said on \u003ca href=\"https://www.kqed.org/forum/2010101880303/election-2020-mountain-view-moves-to-keep-a-ban-on-rvs\">KQED Forum\u003c/a>. “That can only be accomplished where you have parking lots where you can get better in life.”\u003c/p>\n\u003cp>Hazarika believes that Measure C gives homeowners a voice.\u003c/p>\n\u003cp>“[Homeowners] have a right to demand safe streets and good community living,” he said.\u003c/p>\n\u003cp>His sentiments are echoed by Mountain View Mayor Margaret Abe-Koga. She also doesn’t believe RVs are a permanent solution to housing and said Measure C would encourage people to find more stable housing or to use the city-funded safe parking program.\u003c/p>\n\u003cp>“What I’m really proud of is the safe lots that we’ve opened,” she said. “They are successful and I’m open to adding more spaces if we can.”\u003c/p>\n\u003cp>\u003ca href=\"https://www.mountainview.gov/depts/comdev/preservation/safe_parking_program.asp\">Mountain View’s Safe Parking program\u003c/a> is the largest of its kind in Santa Clara County, with 75 spots located across the city. But according to a Safe Parking report from September, the city’s homeless population has grown over the years, from 276 in 2015 to about 606 in 2019. \u003ca href=\"https://movemv.org/\">Move Mountain View\u003c/a>, a nonprofit which helps run the safe parking program, says safe parking lots are often filled, leaving many on the waitlist.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Despite evidence that most homeless individuals are local, many of Measure C’s supporters hold a widely held belief that those living in vehicles come from elsewhere.\u003c/p>\n\u003cp>“Mountain View has become known for the services that we provide, so other cities are telling folks to come here,” said former mayor Lisa Matichak during a recent forum on housing hosted by the \u003ca href=\"https://mvmha.com/\">Mountain View Mobile Home Alliance\u003c/a>. Matichak is one of four former Mountain View mayors currently running for a city council seat this November.\u003c/p>\n\u003cp>Move Mountain View said participants of the program are asked whether they live in Mountain View before they can qualify for a parking spot.\u003c/p>\n\u003cp>“We need reciprocity,” said former mayor Lenny Siegel, who is also running for a city council seat. A long-time affordable housing advocate, he opposes Measure C because he feels it pushes people out before providing an alternative housing option.\u003c/p>\n\u003cp>“We can’t throw people out until there’s a place to go,” he said.\u003c/p>\n\u003cp>Masvalo’s van is eight feet tall, which means she’d be affected by Measure C if it passes. She feels her job is important to the Mountain View community and wants be able to live in the city where she works.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Who is going to take care of your children so that you can work your eight plus hours a day and make your wonderful annual salary?” she asked. “We’re just doing our best to make ends meet.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Uber used pop-up messages in the app to enlist driver support of Proposition 22, the most expensive ballot measure in California history.\u003c/p>\n\u003cp>But it's not just Uber.\u003c/p>\n\u003cp>Other gig companies like Lyft, DoorDash and InstaCart \u003ca href=\"https://www.kqed.org/news/11842964/gig-companies-are-making-their-workers-promote-prop-22\">are getting their workers to advocate for Prop. 22\u003c/a>, which would exempt those companies from state labor law and allow workers to continue as contractors rather than employees.\u003c/p>\n\u003cp>In most cases, supporting this proposition runs counter to the interests of workers, yet these multibillion-dollar corporations are finding ways to do it.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Even as gig companies \u003ca href=\"https://ballotpedia.org/California_Proposition_22,_App-Based_Drivers_as_Contractors_and_Labor_Policies_Initiative_(2020)\">spend a record amount\u003c/a> of advertising money on Proposition 22, they’re making their gig workers help them market the ballot initiative.\u003c/p>\n\u003cp>Proposition 22 would create a carve out from \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB5\">California labor law\u003c/a> to allow a handful of gig companies to continue classifying their workers as contractors, making them ineligible for employee protections and benefits like unemployment insurance and workers compensation. Lyft, Uber, Instacart, DoorDash and Postmates have spent almost $200 million on the pro-Proposition 22 campaign. Where does the money go? Ads, obviously, and political consultants – but it’s also going to in-app messages, flyers and takeout packaging.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"William Gould, Stanford University law professor\"]‘If ever there was compelled speech, and an interference with a right of freedom of speech, which is protected in California for private sector workers, this is it.’[/pullquote]\u003c/p>\n\u003cp>If you’ve taken a ride with Uber or Lyft recently, you’ve probably seen a pro-Proposition 22 ad in the app. That marketing is also directed at drivers.\u003c/p>\n\u003cp>Last month at work, Hector Castellanos started seeing it while he was driving for Uber. Under a dialog box emblazoned with “Prop 22 is progress,” Castellanos had to click either “Yes on Prop 22” or “Okay.” At the same time, his riders were getting pop ups that said their drivers support Proposition 22 and that they should talk with them about it.\u003c/p>\n\u003cfigure id=\"attachment_11843019\" class=\"wp-caption aligncenter\" style=\"max-width: 577px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843019\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Prop-22-Pop-Up-Drivers-e1603233411510.jpeg\" alt=\"\" width=\"577\" height=\"575\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Pop-Up-Drivers-e1603233411510.jpeg 577w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Pop-Up-Drivers-e1603233411510-160x159.jpeg 160w\" sizes=\"(max-width: 577px) 100vw, 577px\">\u003cfigcaption class=\"wp-caption-text\">A screenshot from Uber driver Hector Castellanos’ phone. There was no option for him to click ‘no’ to close the pop up. \u003ccite>(Courtesy Hector Castellanos)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castellanos drives full-time, and throughout the work day, he kept seeing the pop up again and again. “Drivers have to click ‘yes’ even if they don’t want it,” he said. “They have to click yes.”\u003c/p>\n\u003cp>This was particularly upsetting to Castellanos because he opposes Proposition 22. A few years ago, he got into an accident while driving for Lyft and needed surgery on his shoulder. He couldn’t work for eight months, and because he is not an employee, he did not get worker’s compensation. His oldest daughter had to drop out of college and go to work to help the family pay the bills.\u003c/p>\n\u003cp>“That was something that really got to my heart,” Castellanos says, “I was probably just one case in thousands like me.” He decided drivers like him had to be employees to get basic protections like guaranteed minimum wage and workers compensation.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>An Uber spokesperson says the company changed the pop up recently to be more informational and give drivers an option to close it. Also, the spokesperson said that the pop up should have only appeared one time when drivers go offline.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But drivers sometimes log off when they switch between all different apps they work for, which means they could have to click through the pop up repeatedly. Castellanos estimates that he was seeing it 25 or 30 times a day.\u003c/span>\u003c/p>\n\u003cp>https://twitter.com/SamWHarnett/status/1318289882347786240?s=20\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>Uber isn’t the only company using workers to spread pro-Proposition 22 messages to consumers.\u003c/p>\n\u003cp>Last week, \u003ca href=\"https://www.vice.com/en/article/7kp5yq/instacart-asked-its-gig-workers-to-distribute-propaganda-that-would-hurt-them\">Instacart asked workers through the app\u003c/a> to put pro-Proposition 22 stickers in customers’ orders at a Bay Area store. \u003ca href=\"https://sf.eater.com/2020/10/16/21520005/doordash-prop-22-gig-workers-ab5-apps\">DoorDash is providing free pro-Proposition 22 food delivery bags\u003c/a> to restaurants, which workers then have to use to bring food to customers.\u003c/p>\n\u003cfigure id=\"attachment_11842965\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11842965\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Prop-22-Bags.jpg\" alt=\"\" width=\"1200\" height=\"1200\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-800x800.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-1020x1020.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-160x160.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-1104x1104.jpg 1104w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-912x912.jpg 912w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-550x550.jpg 550w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-470x470.jpg 470w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">One of the millions of pro-Proposition 22 delivery bags that DoorDash sent to restaurants, and that gig workers have to use to deliver food to customers. \u003ccite>(DoorDash)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Stanford law professor William Gould says all three of these instances could be violating the protected speech of workers.\u003c/p>\n\u003cp>“If ever there was compelled speech, and an interference with a right of freedom of speech, which is protected in California for private sector workers, this is it,” Gould said.\u003c/p>\n\u003cp>Federally these workers have little protection. Since the Supreme Court protected the speech of corporations as if they were people in its 2010 Citizens United decision, companies have had far more ability to \u003ca href=\"https://www.theguardian.com/commentisfree/2018/may/07/politics-at-work-employee-mobilization-lobbying\">mobilize their workers toward particular political goals\u003c/a>.\u003c/p>\n\u003cp>However what these gig companies have made workers do “could be in violation of California \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1101&lawCode=LAB\">labor code sections 1101 and 1102\u003c/a>,” said David Levine, a law professor at UC Hastings.\u003c/p>\n\u003cp>Those sections prevent an employer from attempting to control or direct the political activities or affiliations of their employees. The gig companies contend their workers are actually contractors not employees – which means they would not be protected by these sections of the labor code.\u003c/p>\n\u003cp>Of course, that very employment status is the central issue at stake with Proposition 22 – and if it passes, gig companies would have a much easier time having workers distribute political materials.\u003c/p>\n\u003cp>In response to the assertion that distributing these materials infringed on freedom of speech, a spokesperson for the Yes on Prop. 22 campaign said “Each company is communicating with their customers in various ways because of the high stakes in this election.”\u003c/p>\n\u003cp>After backlash online, Instacart is no longer asking workers to add stickers to orders. But DoorDash is continuing to send pro-Prop. 22 delivery bags to restaurants. The company says it has sent more than 4 million of the bags to over 600 restaurants.\u003c/p>\n\u003cp>\u003cem>Update: \u003c/em>\u003cem>A spokesperson for DoorDash says more than 4 million bags have been requested by restaurants, but that the company has only sent out around 150 thousand.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Even as gig companies \u003ca href=\"https://ballotpedia.org/California_Proposition_22,_App-Based_Drivers_as_Contractors_and_Labor_Policies_Initiative_(2020)\">spend a record amount\u003c/a> of advertising money on Proposition 22, they’re making their gig workers help them market the ballot initiative.\u003c/p>\n\u003cp>Proposition 22 would create a carve out from \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB5\">California labor law\u003c/a> to allow a handful of gig companies to continue classifying their workers as contractors, making them ineligible for employee protections and benefits like unemployment insurance and workers compensation. Lyft, Uber, Instacart, DoorDash and Postmates have spent almost $200 million on the pro-Proposition 22 campaign. Where does the money go? Ads, obviously, and political consultants – but it’s also going to in-app messages, flyers and takeout packaging.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>If you’ve taken a ride with Uber or Lyft recently, you’ve probably seen a pro-Proposition 22 ad in the app. That marketing is also directed at drivers.\u003c/p>\n\u003cp>Last month at work, Hector Castellanos started seeing it while he was driving for Uber. Under a dialog box emblazoned with “Prop 22 is progress,” Castellanos had to click either “Yes on Prop 22” or “Okay.” At the same time, his riders were getting pop ups that said their drivers support Proposition 22 and that they should talk with them about it.\u003c/p>\n\u003cfigure id=\"attachment_11843019\" class=\"wp-caption aligncenter\" style=\"max-width: 577px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11843019\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Prop-22-Pop-Up-Drivers-e1603233411510.jpeg\" alt=\"\" width=\"577\" height=\"575\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Pop-Up-Drivers-e1603233411510.jpeg 577w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Pop-Up-Drivers-e1603233411510-160x159.jpeg 160w\" sizes=\"(max-width: 577px) 100vw, 577px\">\u003cfigcaption class=\"wp-caption-text\">A screenshot from Uber driver Hector Castellanos’ phone. There was no option for him to click ‘no’ to close the pop up. \u003ccite>(Courtesy Hector Castellanos)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Castellanos drives full-time, and throughout the work day, he kept seeing the pop up again and again. “Drivers have to click ‘yes’ even if they don’t want it,” he said. “They have to click yes.”\u003c/p>\n\u003cp>This was particularly upsetting to Castellanos because he opposes Proposition 22. A few years ago, he got into an accident while driving for Lyft and needed surgery on his shoulder. He couldn’t work for eight months, and because he is not an employee, he did not get worker’s compensation. His oldest daughter had to drop out of college and go to work to help the family pay the bills.\u003c/p>\n\u003cp>“That was something that really got to my heart,” Castellanos says, “I was probably just one case in thousands like me.” He decided drivers like him had to be employees to get basic protections like guaranteed minimum wage and workers compensation.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>An Uber spokesperson says the company changed the pop up recently to be more informational and give drivers an option to close it. Also, the spokesperson said that the pop up should have only appeared one time when drivers go offline.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But drivers sometimes log off when they switch between all different apps they work for, which means they could have to click through the pop up repeatedly. Castellanos estimates that he was seeing it 25 or 30 times a day.\u003c/span>\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp> \u003c/p>\n\u003cp>Uber isn’t the only company using workers to spread pro-Proposition 22 messages to consumers.\u003c/p>\n\u003cp>Last week, \u003ca href=\"https://www.vice.com/en/article/7kp5yq/instacart-asked-its-gig-workers-to-distribute-propaganda-that-would-hurt-them\">Instacart asked workers through the app\u003c/a> to put pro-Proposition 22 stickers in customers’ orders at a Bay Area store. \u003ca href=\"https://sf.eater.com/2020/10/16/21520005/doordash-prop-22-gig-workers-ab5-apps\">DoorDash is providing free pro-Proposition 22 food delivery bags\u003c/a> to restaurants, which workers then have to use to bring food to customers.\u003c/p>\n\u003cfigure id=\"attachment_11842965\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11842965\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Prop-22-Bags.jpg\" alt=\"\" width=\"1200\" height=\"1200\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-800x800.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-1020x1020.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-160x160.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-1104x1104.jpg 1104w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-912x912.jpg 912w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-550x550.jpg 550w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/Prop-22-Bags-470x470.jpg 470w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">One of the millions of pro-Proposition 22 delivery bags that DoorDash sent to restaurants, and that gig workers have to use to deliver food to customers. \u003ccite>(DoorDash)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Stanford law professor William Gould says all three of these instances could be violating the protected speech of workers.\u003c/p>\n\u003cp>“If ever there was compelled speech, and an interference with a right of freedom of speech, which is protected in California for private sector workers, this is it,” Gould said.\u003c/p>\n\u003cp>Federally these workers have little protection. Since the Supreme Court protected the speech of corporations as if they were people in its 2010 Citizens United decision, companies have had far more ability to \u003ca href=\"https://www.theguardian.com/commentisfree/2018/may/07/politics-at-work-employee-mobilization-lobbying\">mobilize their workers toward particular political goals\u003c/a>.\u003c/p>\n\u003cp>However what these gig companies have made workers do “could be in violation of California \u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1101&lawCode=LAB\">labor code sections 1101 and 1102\u003c/a>,” said David Levine, a law professor at UC Hastings.\u003c/p>\n\u003cp>Those sections prevent an employer from attempting to control or direct the political activities or affiliations of their employees. The gig companies contend their workers are actually contractors not employees – which means they would not be protected by these sections of the labor code.\u003c/p>\n\u003cp>Of course, that very employment status is the central issue at stake with Proposition 22 – and if it passes, gig companies would have a much easier time having workers distribute political materials.\u003c/p>\n\u003cp>In response to the assertion that distributing these materials infringed on freedom of speech, a spokesperson for the Yes on Prop. 22 campaign said “Each company is communicating with their customers in various ways because of the high stakes in this election.”\u003c/p>\n\u003cp>After backlash online, Instacart is no longer asking workers to add stickers to orders. But DoorDash is continuing to send pro-Prop. 22 delivery bags to restaurants. The company says it has sent more than 4 million of the bags to over 600 restaurants.\u003c/p>\n\u003cp>\u003cem>Update: \u003c/em>\u003cem>A spokesperson for DoorDash says more than 4 million bags have been requested by restaurants, but that the company has only sent out around 150 thousand.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>The Bay Curious team is breaking down all 12 of the statewide propositions on the ballot this November. If you missed our coverage of Propositions 14-23, check out the \u003ca href=\"https://www.kqed.org/propfest\">Prop Fest\u003c/a> homepage or \u003ca href=\"https://www.kqed.org/podcasts/baycurious\">subscribe to the Bay Curious podcast\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC9691888386\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003ch2>Transcript\u003c/h2>\n\u003cp> \u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:00:00] Good morning, friends. Olivia Allen-Price here on our second to last day of Bay Curious Prop Fest, our twelve part series explaining the propositions on California’s statewide ballot.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:00:12] Today, we take on \u003ca href=\"https://voterguide.sos.ca.gov/propositions/24/\">Proposition 24\u003c/a>. It’s a measure about consumer data privacy. The full text of this prop is more than 50 pages and it has lots of provisions. And quite frankly, they’re not all easy to understand. We’ll go through some of them today on the show. It’s Proposition 24, the consumer privacy prop.\u003cbr>\n\u003cstrong>\u003cbr>\nOlivia Allen-Price \u003c/strong>[00:00:36] Proposition 24 would change consumer privacy law in California in a lot of different ways. But before we can explain what it would do, it’s important to understand where we’ve been.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:00:48] Well, Olivia, it all starts at a dinner party.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:00:51] This is \u003ca href=\"https://www.kqed.org/author/rachael-myrow\">Rachael Myrow\u003c/a>, senior editor of KQED’s Silicon Valley Desk.\u003c/p>\n\u003cp>[baycuriouspodcastinfo]\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:00:55] This Bay Area real estate developer named \u003ca href=\"https://www.caprivacy.org/about-us/\">Alastair Mactaggart\u003c/a> gets to talking with a Google engineer at this party.\u003c/p>\n\u003cp>\u003cstrong>Alastair Mactaggart\u003c/strong> [00:01:02] There was something in the press that day about privacy, and I asked him, hey, what’s – is there a big deal about this? And I expect him to say, nothing to see here. And he said, you’d be terrified if you knew how much we knew about everybody.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:01:14] So he goes home and he starts learning about this global industry where people are buying and selling our data, essentially.\u003c/p>\n\u003cp>\u003cstrong>Alastair Mactaggart \u003c/strong>[00:01:20] We’re being tracked 24/7, 365. All of your searches, all of your location, who you’re standing next to, what apps you have installed, what you’re interested in.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:01:32] Alastair Mactaggart decides to write a ballot proposition with a bunch of consumer privacy protections that he wants to see put in place. Lawmakers and the tech industry take notice, and they were worried that if a proposition like that went before voters and passed, it would be super difficult to amend.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:01:49] They got him to wave it off with the promise that there would be a bill that would be passed in the state legislature and that during the legislative year that followed, there would be lots of little amendments that could be discussed, debated, passed or killed. And that’s exactly what happened.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:02:08] The \u003ca href=\"https://oag.ca.gov/privacy/ccpa\">California Consumer Privacy Act\u003c/a> passes in 2018, then goes into effect in January of this year. You know, those dialog boxes that pop up when you visit websites all the time now? The ones with the big “accept” button. Yeah, that’s the California Consumer Privacy Act [CCPA] in action.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:02:28] Basically, you can think about it in five easy pieces, right.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:02:35] Number one, you have the right to go to any company that’s collecting information about you and ask, what are you collecting – specifically? Like, send me the details.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:02:46] Number two, you have the right to tell that company to delete your information.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:02:52] Three, you have the right to demand that the company not sell the information on.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow \u003c/strong>[00:02:57] Number four, you, the consumer, can sue only if a company’s negligence leads to a hack that exposes your data. Otherwise, only the state attorney general’s office can sue.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:03:10] Finally, number five, companies can’t create this two tier system where you get a lesser package of goods and services if you try to exercise your rights to privacy under the CCPA.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:03:27] So, that’s the California Consumer Privacy Act, which is in effect already. But Mactaggart and a lot of others aren’t quite satisfied.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:03:35] You know, a lot of people would describe it as a hot mess. And, you know, quite possibly Mactaggart as well, because he’s back with this second proposition. It’s more of what he wants to see and less of what is kind of collectively hashed out by all of these different power players in Sacramento.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price \u003c/strong>[00:03:55] OK. So that gets us to today, we’re looking at Prop 24 on our ballot, a new collection of privacy measures. Rachel, what are we voting on here?\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow \u003c/strong>[00:04:03] So many things, Olivia. Too many things, in fact, to explain without going into some depth. I’m going to talk about four of the biggies, although actually, why don’t we have Mactaggart talk about, number one:.\u003c/p>\n\u003cp>\u003cstrong>Alastair Mactaggart\u003c/strong> [00:04:13] Recreate a new category of sensitive personal information. That’s your race, your ethnicity, your health information, your sexual orientation. And you get to tell a business, look, that stuff is so sensitive, you shouldn’t even be able to use it.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:04:29] Proposition 24 goes into further detail about what it defines as “sensitive data”. Number two, tougher fines for companies that violate children’s privacy rights. Number three, no holding onto data longer than necessary. Unclear exactly what that means, but that’s a concept in there. Number four, news state agency. This Olivia, I think, is the most intriguing aspect of Proposition 24, the creation of a new regulatory agency funded at a bare minimum of ten million dollars a year to work in tandem with the state attorney general’s office.\u003cbr>\n\u003cstrong>\u003cbr>\nAlastair Mactaggart\u003c/strong> [00:05:07] We should have more privacy professionals in this agency than right now exist in the FTC [Federal Trade Commission] for the entire country. The FTC only has about 40 lawyers for the entire country for privacy. And we’ll have about the same number here in California once it gets funded up and operating if the initiative passes.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:05:21] Rachel, I thought Thomas was already the case under current consumer privacy law. Like that I could tell companies not to use my sensitive info.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:05:31] Right. That’s one of the confusing things about Proposition 24, that it promises to enshrine some things that are already law. Of course, there’s very little enforcement, and companies, big and small sidestep the laws a lot. So, it’s possible a new purpose built regulatory agency in Sacramento might enforce better behavior.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:05:51] Mactaggart says consumer privacy protections would be more secure if this prop passes.\u003c/p>\n\u003cp>\u003cstrong>Alastair Mactaggart\u003c/strong> [00:05:57] CCPA right now is “just a law”. It can get amended by the legislature tomorrow.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:06:02] Voter passed initiatives are harder to amend. But Mactaggart says this one does give legislators a little more flexibility.\u003c/p>\n\u003cp>\u003cstrong>Alastair Mactaggart\u003c/strong> [00:06:09] We do give the legislature the power to invent it, even with just a simple majority vote. But here’s the sort of protection: It has to be amended in furtherance of the purpose and intent of the act. And we have a section which is kinda of like a bill of rights for privacy, it just says, hey look, you can amend it, just don’t hurt consumers.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:06:29] But this one isn’t all about increasing privacy for consumers. There are some provisions that seem like they might have the opposite effect.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:06:37] Frankly, Olivia, here’s where things get confusing. I mean, on the one hand, Prop 24 directs companies to collect only what they need to provide you with their service. But it would be easier for companies to refuse to delete your information when you asked them to. And easier for companies to squirrel out of making sure that other companies get some of that data are also complying with your request not to use it.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:07:02] Prop 24 would also reduce the number of companies that have to comply with these privacy laws. Companies that buy or sell data from less than 100,000 households a year would be exempt.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:07:18] Where do the companies who this prop could impact come down on this one?\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:07:22] That’s an excellent question. And I really want to take this moment to make the point that we’re not just talking about tech companies like Facebook and Google collecting and selling your data. We’ve reached the point now in the global economy where your insurance company is in this game, your broadband provider, your retail outlets, and a host of companies you’ve never even heard of, located all over the world. And while we saw a lot of lobbyists paid for by these companies, saying a lot of things very loudly when the rollout of the current consumer privacy law was in play, most of them seemed to be weirdly silent right now. There are different ideas about why that is, but the one I’ve heard most often is that the industry knows data collection is not popular, knows that consumer privacy is popular, so, they’re just staying in the shadows to avoid blowback at the ballot box.\u003cbr>\n\u003cstrong>\u003cbr>\nOlivia Allen-Price \u003c/strong>[00:08:17] All right. Well, let’s get into what makes this prop sort of especially fascinating to me. Who is for and against it? I understand that it’s kind of all over the place.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:08:26] Yes. People and groups who are usually on the same page are split on this one.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:08:32] OK, let’s start with who’s for it.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:08:33] \u003ca href=\"https://consumerwatchdog.org/\">Consumer WatchDog\u003c/a>, \u003ca href=\"https://www.commonsensemedia.org/\">Common Sense\u003c/a>, \u003ca href=\"https://www.latimes.com/people/the-times-editorial-board\">The L.A. Times Editorial Board\u003c/a>, and perhaps the biggest headliner of all, \u003ca href=\"https://www.yang2020.com/\">Andrew Yang\u003c/a>, former presidential candidate who was one of the foremost techies on the early campaign trail. I would say, to put it succinctly, these folks like the basic premise of expanding consumer rights, and they trust Alastair Mactaggart, that his heart is in the right place, even if the language of the proposition is convoluted and unclear. The political action committee supporting the group is reporting 5.4 million dollars in contributions – nearly all of that, Olivia, from Alastair Mactaggart.\u003cbr>\n\u003cstrong>\u003cbr>\nOlivia Allen-Price\u003c/strong> [00:09:13] And who’s come out against it?\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow \u003c/strong>[00:09:15] On the no side we’ve got the \u003ca href=\"https://consumercal.org/\">Consumer Federation of California\u003c/a>, \u003ca href=\"https://media-alliance.org/\">Media Alliance\u003c/a>, a couple chapters of the \u003ca href=\"https://www.aclu.org/\">ACLU\u003c/a> [American Civil Liberties Union]. These groups are against 24 for a host of different reasons. Some say the state doesn’t really need another regulatory agency, which Prop 24 would create. Others think this prop is simply the wrong way to solve this type of problem because laws voted in as propositions are harder to amend than laws passed by the state legislature.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:09:45] I should also mention the no side has spent nowhere near the amount of money Mactaggart has. To date, not even 50 grand, according to the secretary of state’s website.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:09:56] And we should also mention that there are some pretty notable groups like \u003ca href=\"https://www.consumerreports.org/cro/index.htm\">Consumer Reports\u003c/a> and the \u003ca href=\"https://www.eff.org/deeplinks/2020/07/why-eff-doesnt-support-cal-prop-24\">Electronic Frontier Foundation [EFF]\u003c/a> who are not taking a side.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:10:05] Yes. And this is particularly interesting to me. I reached out to Hayley Tsukayama, a legislative analyst at EFF, which is a well-respected consumer data privacy advocate.\u003cbr>\n\u003cstrong>\u003cbr>\nHayley Tsukayama\u003c/strong> [00:10:16] So, I’m not saying it’s the worst thing in the world, I’m just, it’s not something that we felt able to support.\u003cbr>\n\u003cstrong>\u003cbr>\nRachael Myrow \u003c/strong>[00:10:23] The EFF has dug into the details in a tech savvy way, but also they haven’t locked into a political position that makes you worry they’re shoving other concerns behind the curtain, trying to show a united front.\u003c/p>\n\u003cp>\u003cstrong>Hayley Tsukayama\u003c/strong> [00:10:36] I just think there are enough things in here that I don’t know what they would do, functionally, and I don’t know how hard they will be to fix if they do end up being wrong. It’s a funny time in privacy law, right? We’re trying a lot of things. We’re seeing what there’s political appetite for. We’re seeing what there’s consumer appetite for.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:10:57] So, she wants to see the new privacy law that we already have play out for a bit, sounds like.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow \u003c/strong>[00:11:02] Yeah.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:11:03] I mean, that’s kind of taking a side?\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:11:06] I mean, mainly in the sense that the EFF is following an ancient maxim in California ballot box politics: When in doubt, don’t vote yes. I don’t get the impression reading the foundation’s blog post explaining their position that anyone at the foundation believes Prop 24 is world ending or an unfixable giveaway to industry. It’s just, as we’ve been talking about, it’s way too hard to understand, even to people who know the territory.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:11:34] All right. Well, Rachael Myrow, thank you for walking us through this one.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:11:38] My pleasure.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:11:45] In a nutshell, a vote yes on Proposition 24 says you want to see California’s consumer data privacy laws expanded as outlined in the full 50 plus page text of this proposition. And you support creating a new state agency to enforce these laws. A no vote means businesses will continue to follow California’s current data privacy laws and the state’s Department of Justice would continue to enforce them.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:12:14] That’s it on Proposition 24. We’ll be back tomorrow with our final episode of Prop Fest. It’ll cover Prop 25, which would end the use of cash bail in California. So it’s a big one. Catch up on all of our prop fest episodes in our podcast feed or online at Bay Curious dot org slash prop fest.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:12:34] One reminder, October 19th is the last day you can register to vote. That’s this coming Monday. \u003ca href=\"https://www.kqed.org/propfest\">Bay Curious Prop Fest\u003c/a> is produced by \u003ca href=\"https://www.kqed.org/author/katrinaschwartz\">Katrina Schwartz\u003c/a>, Katie McMurran, Rob Speight and me, Olivia Allen-Price. Our show was made in San Francisco at member supported KQED.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[baycuriousquestion]\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>The Bay Curious team is breaking down all 12 of the statewide propositions on the ballot this November. If you missed our coverage of Propositions 14-23, check out the \u003ca href=\"https://www.kqed.org/propfest\">Prop Fest\u003c/a> homepage or \u003ca href=\"https://www.kqed.org/podcasts/baycurious\">subscribe to the Bay Curious podcast\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC9691888386\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003ch2>Transcript\u003c/h2>\n\u003cp> \u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:00:00] Good morning, friends. Olivia Allen-Price here on our second to last day of Bay Curious Prop Fest, our twelve part series explaining the propositions on California’s statewide ballot.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:00:12] Today, we take on \u003ca href=\"https://voterguide.sos.ca.gov/propositions/24/\">Proposition 24\u003c/a>. It’s a measure about consumer data privacy. The full text of this prop is more than 50 pages and it has lots of provisions. And quite frankly, they’re not all easy to understand. We’ll go through some of them today on the show. It’s Proposition 24, the consumer privacy prop.\u003cbr>\n\u003cstrong>\u003cbr>\nOlivia Allen-Price \u003c/strong>[00:00:36] Proposition 24 would change consumer privacy law in California in a lot of different ways. But before we can explain what it would do, it’s important to understand where we’ve been.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:00:48] Well, Olivia, it all starts at a dinner party.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:00:51] This is \u003ca href=\"https://www.kqed.org/author/rachael-myrow\">Rachael Myrow\u003c/a>, senior editor of KQED’s Silicon Valley Desk.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003caside class=\"alignleft utils-parseShortcode-shortcodes-__bayCuriousPodcastShortcode__bayCurious\">\u003cimg src=https://cdn.kqed.org/wp-content/uploads/2023/02/bayCuriousLogo.png alt=\"Bay Curious Podcast\" loading=\"lazy\" />\n \u003ca href=\"/news/series/baycurious\">Bay Curious\u003c/a> is a podcast that answers your questions about the Bay Area.\n Subscribe on \u003ca href=\"https://itunes.apple.com/us/podcast/bay-curious/id1172473406\" target=\"_blank\" rel=\"noopener noreferrer\">Apple Podcasts\u003c/a>,\n \u003ca href=\"http://www.npr.org/podcasts/500557090/bay-curious\" target=\"_blank\" rel=\"noopener noreferrer\">NPR One\u003c/a> or your favorite podcast platform.\u003c/aside>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:00:55] This Bay Area real estate developer named \u003ca href=\"https://www.caprivacy.org/about-us/\">Alastair Mactaggart\u003c/a> gets to talking with a Google engineer at this party.\u003c/p>\n\u003cp>\u003cstrong>Alastair Mactaggart\u003c/strong> [00:01:02] There was something in the press that day about privacy, and I asked him, hey, what’s – is there a big deal about this? And I expect him to say, nothing to see here. And he said, you’d be terrified if you knew how much we knew about everybody.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:01:14] So he goes home and he starts learning about this global industry where people are buying and selling our data, essentially.\u003c/p>\n\u003cp>\u003cstrong>Alastair Mactaggart \u003c/strong>[00:01:20] We’re being tracked 24/7, 365. All of your searches, all of your location, who you’re standing next to, what apps you have installed, what you’re interested in.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:01:32] Alastair Mactaggart decides to write a ballot proposition with a bunch of consumer privacy protections that he wants to see put in place. Lawmakers and the tech industry take notice, and they were worried that if a proposition like that went before voters and passed, it would be super difficult to amend.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:01:49] They got him to wave it off with the promise that there would be a bill that would be passed in the state legislature and that during the legislative year that followed, there would be lots of little amendments that could be discussed, debated, passed or killed. And that’s exactly what happened.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:02:08] The \u003ca href=\"https://oag.ca.gov/privacy/ccpa\">California Consumer Privacy Act\u003c/a> passes in 2018, then goes into effect in January of this year. You know, those dialog boxes that pop up when you visit websites all the time now? The ones with the big “accept” button. Yeah, that’s the California Consumer Privacy Act [CCPA] in action.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:02:28] Basically, you can think about it in five easy pieces, right.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:02:35] Number one, you have the right to go to any company that’s collecting information about you and ask, what are you collecting – specifically? Like, send me the details.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:02:46] Number two, you have the right to tell that company to delete your information.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:02:52] Three, you have the right to demand that the company not sell the information on.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow \u003c/strong>[00:02:57] Number four, you, the consumer, can sue only if a company’s negligence leads to a hack that exposes your data. Otherwise, only the state attorney general’s office can sue.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:03:10] Finally, number five, companies can’t create this two tier system where you get a lesser package of goods and services if you try to exercise your rights to privacy under the CCPA.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:03:27] So, that’s the California Consumer Privacy Act, which is in effect already. But Mactaggart and a lot of others aren’t quite satisfied.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:03:35] You know, a lot of people would describe it as a hot mess. And, you know, quite possibly Mactaggart as well, because he’s back with this second proposition. It’s more of what he wants to see and less of what is kind of collectively hashed out by all of these different power players in Sacramento.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price \u003c/strong>[00:03:55] OK. So that gets us to today, we’re looking at Prop 24 on our ballot, a new collection of privacy measures. Rachel, what are we voting on here?\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow \u003c/strong>[00:04:03] So many things, Olivia. Too many things, in fact, to explain without going into some depth. I’m going to talk about four of the biggies, although actually, why don’t we have Mactaggart talk about, number one:.\u003c/p>\n\u003cp>\u003cstrong>Alastair Mactaggart\u003c/strong> [00:04:13] Recreate a new category of sensitive personal information. That’s your race, your ethnicity, your health information, your sexual orientation. And you get to tell a business, look, that stuff is so sensitive, you shouldn’t even be able to use it.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:04:29] Proposition 24 goes into further detail about what it defines as “sensitive data”. Number two, tougher fines for companies that violate children’s privacy rights. Number three, no holding onto data longer than necessary. Unclear exactly what that means, but that’s a concept in there. Number four, news state agency. This Olivia, I think, is the most intriguing aspect of Proposition 24, the creation of a new regulatory agency funded at a bare minimum of ten million dollars a year to work in tandem with the state attorney general’s office.\u003cbr>\n\u003cstrong>\u003cbr>\nAlastair Mactaggart\u003c/strong> [00:05:07] We should have more privacy professionals in this agency than right now exist in the FTC [Federal Trade Commission] for the entire country. The FTC only has about 40 lawyers for the entire country for privacy. And we’ll have about the same number here in California once it gets funded up and operating if the initiative passes.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:05:21] Rachel, I thought Thomas was already the case under current consumer privacy law. Like that I could tell companies not to use my sensitive info.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:05:31] Right. That’s one of the confusing things about Proposition 24, that it promises to enshrine some things that are already law. Of course, there’s very little enforcement, and companies, big and small sidestep the laws a lot. So, it’s possible a new purpose built regulatory agency in Sacramento might enforce better behavior.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:05:51] Mactaggart says consumer privacy protections would be more secure if this prop passes.\u003c/p>\n\u003cp>\u003cstrong>Alastair Mactaggart\u003c/strong> [00:05:57] CCPA right now is “just a law”. It can get amended by the legislature tomorrow.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:06:02] Voter passed initiatives are harder to amend. But Mactaggart says this one does give legislators a little more flexibility.\u003c/p>\n\u003cp>\u003cstrong>Alastair Mactaggart\u003c/strong> [00:06:09] We do give the legislature the power to invent it, even with just a simple majority vote. But here’s the sort of protection: It has to be amended in furtherance of the purpose and intent of the act. And we have a section which is kinda of like a bill of rights for privacy, it just says, hey look, you can amend it, just don’t hurt consumers.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:06:29] But this one isn’t all about increasing privacy for consumers. There are some provisions that seem like they might have the opposite effect.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:06:37] Frankly, Olivia, here’s where things get confusing. I mean, on the one hand, Prop 24 directs companies to collect only what they need to provide you with their service. But it would be easier for companies to refuse to delete your information when you asked them to. And easier for companies to squirrel out of making sure that other companies get some of that data are also complying with your request not to use it.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:07:02] Prop 24 would also reduce the number of companies that have to comply with these privacy laws. Companies that buy or sell data from less than 100,000 households a year would be exempt.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:07:18] Where do the companies who this prop could impact come down on this one?\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:07:22] That’s an excellent question. And I really want to take this moment to make the point that we’re not just talking about tech companies like Facebook and Google collecting and selling your data. We’ve reached the point now in the global economy where your insurance company is in this game, your broadband provider, your retail outlets, and a host of companies you’ve never even heard of, located all over the world. And while we saw a lot of lobbyists paid for by these companies, saying a lot of things very loudly when the rollout of the current consumer privacy law was in play, most of them seemed to be weirdly silent right now. There are different ideas about why that is, but the one I’ve heard most often is that the industry knows data collection is not popular, knows that consumer privacy is popular, so, they’re just staying in the shadows to avoid blowback at the ballot box.\u003cbr>\n\u003cstrong>\u003cbr>\nOlivia Allen-Price \u003c/strong>[00:08:17] All right. Well, let’s get into what makes this prop sort of especially fascinating to me. Who is for and against it? I understand that it’s kind of all over the place.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:08:26] Yes. People and groups who are usually on the same page are split on this one.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:08:32] OK, let’s start with who’s for it.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:08:33] \u003ca href=\"https://consumerwatchdog.org/\">Consumer WatchDog\u003c/a>, \u003ca href=\"https://www.commonsensemedia.org/\">Common Sense\u003c/a>, \u003ca href=\"https://www.latimes.com/people/the-times-editorial-board\">The L.A. Times Editorial Board\u003c/a>, and perhaps the biggest headliner of all, \u003ca href=\"https://www.yang2020.com/\">Andrew Yang\u003c/a>, former presidential candidate who was one of the foremost techies on the early campaign trail. I would say, to put it succinctly, these folks like the basic premise of expanding consumer rights, and they trust Alastair Mactaggart, that his heart is in the right place, even if the language of the proposition is convoluted and unclear. The political action committee supporting the group is reporting 5.4 million dollars in contributions – nearly all of that, Olivia, from Alastair Mactaggart.\u003cbr>\n\u003cstrong>\u003cbr>\nOlivia Allen-Price\u003c/strong> [00:09:13] And who’s come out against it?\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow \u003c/strong>[00:09:15] On the no side we’ve got the \u003ca href=\"https://consumercal.org/\">Consumer Federation of California\u003c/a>, \u003ca href=\"https://media-alliance.org/\">Media Alliance\u003c/a>, a couple chapters of the \u003ca href=\"https://www.aclu.org/\">ACLU\u003c/a> [American Civil Liberties Union]. These groups are against 24 for a host of different reasons. Some say the state doesn’t really need another regulatory agency, which Prop 24 would create. Others think this prop is simply the wrong way to solve this type of problem because laws voted in as propositions are harder to amend than laws passed by the state legislature.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:09:45] I should also mention the no side has spent nowhere near the amount of money Mactaggart has. To date, not even 50 grand, according to the secretary of state’s website.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:09:56] And we should also mention that there are some pretty notable groups like \u003ca href=\"https://www.consumerreports.org/cro/index.htm\">Consumer Reports\u003c/a> and the \u003ca href=\"https://www.eff.org/deeplinks/2020/07/why-eff-doesnt-support-cal-prop-24\">Electronic Frontier Foundation [EFF]\u003c/a> who are not taking a side.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:10:05] Yes. And this is particularly interesting to me. I reached out to Hayley Tsukayama, a legislative analyst at EFF, which is a well-respected consumer data privacy advocate.\u003cbr>\n\u003cstrong>\u003cbr>\nHayley Tsukayama\u003c/strong> [00:10:16] So, I’m not saying it’s the worst thing in the world, I’m just, it’s not something that we felt able to support.\u003cbr>\n\u003cstrong>\u003cbr>\nRachael Myrow \u003c/strong>[00:10:23] The EFF has dug into the details in a tech savvy way, but also they haven’t locked into a political position that makes you worry they’re shoving other concerns behind the curtain, trying to show a united front.\u003c/p>\n\u003cp>\u003cstrong>Hayley Tsukayama\u003c/strong> [00:10:36] I just think there are enough things in here that I don’t know what they would do, functionally, and I don’t know how hard they will be to fix if they do end up being wrong. It’s a funny time in privacy law, right? We’re trying a lot of things. We’re seeing what there’s political appetite for. We’re seeing what there’s consumer appetite for.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:10:57] So, she wants to see the new privacy law that we already have play out for a bit, sounds like.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow \u003c/strong>[00:11:02] Yeah.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:11:03] I mean, that’s kind of taking a side?\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:11:06] I mean, mainly in the sense that the EFF is following an ancient maxim in California ballot box politics: When in doubt, don’t vote yes. I don’t get the impression reading the foundation’s blog post explaining their position that anyone at the foundation believes Prop 24 is world ending or an unfixable giveaway to industry. It’s just, as we’ve been talking about, it’s way too hard to understand, even to people who know the territory.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:11:34] All right. Well, Rachael Myrow, thank you for walking us through this one.\u003c/p>\n\u003cp>\u003cstrong>Rachael Myrow\u003c/strong> [00:11:38] My pleasure.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:11:45] In a nutshell, a vote yes on Proposition 24 says you want to see California’s consumer data privacy laws expanded as outlined in the full 50 plus page text of this proposition. And you support creating a new state agency to enforce these laws. A no vote means businesses will continue to follow California’s current data privacy laws and the state’s Department of Justice would continue to enforce them.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:12:14] That’s it on Proposition 24. We’ll be back tomorrow with our final episode of Prop Fest. It’ll cover Prop 25, which would end the use of cash bail in California. So it’s a big one. Catch up on all of our prop fest episodes in our podcast feed or online at Bay Curious dot org slash prop fest.\u003c/p>\n\u003cp>\u003cstrong>Olivia Allen-Price\u003c/strong> [00:12:34] One reminder, October 19th is the last day you can register to vote. That’s this coming Monday. \u003ca href=\"https://www.kqed.org/propfest\">Bay Curious Prop Fest\u003c/a> is produced by \u003ca href=\"https://www.kqed.org/author/katrinaschwartz\">Katrina Schwartz\u003c/a>, Katie McMurran, Rob Speight and me, Olivia Allen-Price. Our show was made in San Francisco at member supported KQED.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cem>Proposition 22 asks Californians if they want to define app-based transportation and delivery drivers as independent contractors, instead of as employees, as state law currently requires. This is an industry-specific carve-out. This episode is part of our \u003ca href=\"https://www.kqed.org/propfest\">Bay Curious Prop Fest\u003c/a> series, which explores the 12 propositions on California’s ballot. The series runs from Oct. 1-16, with new episodes dropping every weekday.\u003c/em>\u003c/p>\n\u003ch2>Transcript\u003c/h2>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:00:00] I’m \u003ca href=\"https://www.kqed.org/author/ohubertallen\"> Olivia Allen-Price \u003c/a> . You’re listening to \u003ca href=\"https://www.kqed.org/propfest\">Bay Curious Prop Fest. \u003c/a>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:00:05] It’s the most expensive ballot measure in California history, \u003ca href=\"https://voterguide.sos.ca.gov/propositions/22/\">Proposition 22 \u003c/a>. Or, as you might be calling it, that one about \u003ca href=\"https://www.uber.com/\">Uber \u003c/a> and \u003ca href=\"https://www.lyft.com/\">Lyft. \u003c/a>\u003c/p>\n\u003cp>\u003cb>Lyft driver \u003c/b> [00:00:15] I like the flexibility of driving whenever you want. Having your own schedule.\u003c/p>\n\u003cp>\u003cb>Uber driver \u003c/b>[00:00:20] We want to be independent contractors, but Uber doesn’t treat us like independent contractors. We’re not able to set our rates.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cb>Lyft driver \u003c/b><[00:00:26] Right now, I’m going to school. As my part-time gig to make money I’m doing Lyft.\u003c/p>\n\u003cp>\u003cb>Uber driver \u003c/b>[00:00:31] We’re not able to work when we want to, we pretty much have to work when we have to, in order to make money.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:00:38] How should app based drivers be classified? As employees or contractors? Prop 22 asks the public to decide. Today in the show we’ll unpack what difference those classifications make and learn how Prop 22 could impact the future of work.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:01:02] KQED reporter \u003ca href=\"https://www.kqed.org/author/samharnett\">Sam Harnett\u003c/a> has been covering these gig apps for years now and is here to walk us through Prop 22. Welcome, Sam.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:01:09] Hello, Olivia.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:01:10] So I know there’s a lot of layers to this one and we’re gonna get into all of those, but give us first a brief break down, what would Prop 22 do? What are we voting on?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:01:19] So at the highest level, Proposition 22 would exempt a handful of gig app companies like Uber, Lyft and \u003ca href=\"https://www.instacart.com/\">Instacart \u003c/a>from California state labor law. And it would allow those companies to continue classifying their drivers as contractors.\u003c/p>\n\u003cp>[baycuriouspodcastinfo]\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:01:33] And the issue of whether app based drivers, you know, should be considered employees or independent contractors, it really goes back to sort of the beginning of when these apps kind of first came out. What’s going on?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:01:45] Sure. So if you go back to the beginning of Uber and Lyft in 2012, they started using this labor model where they, they classified their workers as contractors, which means they don’t pay unemployment insurance, they don’t have to pay overtime, they don’t pay workers comp. They have way less liability if there’s an accident. The whole business model is built on this contractor status, which was legally suspect from the start. So there are lawsuits right in the beginning against these companies, but the companies prevailed and they were able to keep classifying their workers as contractors.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:02:11] Then in 2018, the California Supreme Court came in and they issued what’s called \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\">The Dynamex Decision\u003c/a>, which actually wasn’t about the gig companies, it was about this independent trucking company that was classifying workers as contractors. But anyway, it made it harder for companies to classify workers as contractors. So in 2018, a lot people thought, OK, now these companies are going to change and start classifying workers as employees. But the companies didn’t.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:02:34] So, the legislature in 2019 passed a law called AB 5, which just codified into law the California Supreme Court dynamic’s decision. That became a law in 2020, and a lot people thought, OK, now, Uber, Lyft and InstaCart, they’re going to classify their workers as employees. But the companies didn’t. So then the pandemic happens, suddenly you’ve got tens or hundreds of thousands of workers for these apps that are out of work, but they can’t collect unemployment because the companies never paid into the state unemployment fund. So then you had the California attorney general step in, and a bunch of city attorneys, and they sued Uber and Lyft. This was back in May. And they sued them saying, hey, listen, you’re you’re still misclassifying your workers. Meanwhile, Uber, Lyft, Instacart, \u003ca href=\"https://postmates.com/\">Postmates\u003c/a> and a bunch of the other gig apps put Proposition 22 on the ballot. And they’re betting like, OK, if we can get the voters to pass this proposition, then we can keep operating as, as we were before.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:03:27] Can you explain a little bit more thoroughly like what is the difference effectively between an employee and an independent contractor?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:03:34] In America the only way to get basic protections like unemployment insurance, guaranteed minimum wage, overtime, workers compensation, is to be an employee. If you’re a contractor, you don’t get any of those protections. That’s essentially the difference. Really, the contractor was supposed to be for kind of professionals who were making a ton of money and were deciding to be a contractor because they wanted to, not because they were being forced to be a contractor. But corporations saw that, hey, with this contractor model, we can get out of paying for all these employee benefits and protections, and it’s way, way cheaper. So over the last, you know, since the late 70s, companies have been pushing more and more workers from employees into contractor status. It’s really just about do you get guaranteed employee protections or not?\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:04:19] OK. And can we get into, like, a little bit the nitty gritty of 22 – what would really change.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:04:25] So Proposition 22 is a carve out for select companies. And the carve out is for companies that do transportation or delivery through apps. And if a company fits that description, that means they can classify their workers as contractors.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:04:39] And this isn’t just like Uber and Lyft, which is what I think people immediately think of, but also like delivery, like \u003ca href=\"https://www.doordash.com/en-US\">DoorDash\u003c/a>, Instacart,.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:04:46] PostMates.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:04:47] Anyone who is in a car.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:04:48] Yeah. Through an app, on a car, on a bike, doing delivery or transportation.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:04:53] OK.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:04:53] The proposition then also has a couple increase perks or benefits for contractors. They can get health subsidies if they drive a certain amount. They can get limited insurance. They also, it says Iike a minimum floor for pay, but the minimum pay is calculated based on engaged hours – this is a really important difference. So it’s 120% of minimum wage is going to be guaranteed, but that’s only while you’re actually engaged in the app.\u003c/p>\n\u003cp>[aside label=\"From KQED's California Voter Guide\" link1='https://www.kqed.org/voterguide/proposition-22-ab-5-gig-workers,Proposition 22: Should so-called gig economy companies such as Uber, Lyft, and Instacart be exempted from state labor law?' hero=https://ww2.kqed.org/app/uploads/2020/10/KQED-Election-2020-Aside-Prop-22.png]\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:05:17] So that means if you’re driving for Uber and let’s say you don’t get a ride for an hour, well, you don’t get paid for that hour of driving around even though you were working. So that’s like a really important kind of distinction. And I guess, the thing with Proposition 22 is, it’s all – it all gets very complicated in the details, but basically, if you look at the package, it’s going to guarantee a slight improvement to the benefits and protections for the contractors, but it’s far short of what you’d get in employee status.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:05:42] Could other industries be impacted if this passes.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:05:45] It creates this sort of third category that you can bet that corporations are going to go for because they can see a way to make money. And if you remember, Uber and Lyft, you know, started the gig app trend, but Instacart, PostMates, DoorDash, all these companies followed Uber and Lyft by creating apps to create more jobs that were contractor and not employee. So, you can bet that a lot of other industries, if they can figure out a way, you know, if trucking can get on an app, you know, maybe there’s a way to have warehouse workers work through an app. This opens the door for more companies to try to find ways to fit this model because contractors are way cheaper than employees.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:06:24] Now, what are these companies like Uber, Lyft, Instacart, DoorDash, etc., what are their arguments for why people should vote for 22?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:06:32] I’d say their primary argument is: This will allow us to keep operating as we were operating. It’s basically a pitch to consumers saying, hey, you know, you liked Uber and Lyft and Instacart and DoorSash. The second argument they make is, you know, listen, people need work right now, and so you can get work through these apps. We just want to give people work. And it’s not our fault that America doesn’t have a real safety net. It’s not our fault that it’s really hard to make it in this country, even if you’re working full-time. The anti side is saying, listen, if you allow these corporations to provide this kind of subpar, substandard work, you’re going to erode more of the good jobs that we do have. And you’re going to see more and more companies following Uber, Lyft, Instacart down this app route, which means you’re going to have more inequality and you’re going to have less good jobs.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:07:14] I’ve seen a lot of arguments that these companies will stop operating in California if this law doesn’t pass. Is that a risk here?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:07:22] Well, Uber definitely made it clear that they would temporarily pull out of California. But it’s important to remember that Uber, Lyft and other gig companies have threatened to leave whenever they didn’t like a regulation in multiple cities and states across the country. In Austin, in New York City, in Chicago and Seattle, and they always came back. In all of those cases, Uber and Lyft would temporarily leave until the regulation was changed back in their favor and then they return.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:07:48] Now, if you look at California, you know, I think what, Olivia, we’re like the fifth biggest economy in the world. Right? The idea that they would pull out of California forever, it just doesn’t seem very feasible, given how big of a market that they are now.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:08:01] Sort of another sort of, I guess, argument that I’ve seen out there is not just, OK, we might pull out of California, but also if we have to make everyone employees, fewer people will be able to drive for us because of the additional cost of making them employees. Could we see drivers potentially lose out on opportunity here if this were to fail?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:08:24] Uber, Lyft, DoorDash, shifting to employee status is definitely gonna force them to change their business model. They’re going to have to do things a little differently, and that might mean they have fewer drivers who then drive more hours. And so some very casual drivers might lose out.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:08:39] Drivers using these apps come down on both sides of Prop 22. Supporters are worried that becoming employees could ultimately take away their flexible work schedules or cause job losses. They also say rates could go up for consumers and service could disappear from lower profit regions. Drivers voting against Prop 22 want the protections that they would get as an employee. They argue a company shouldn’t get to write their own labor laws. They also point out that Prop 22 would be difficult to amend or overturn, requiring a 7/8 vote in the California state legislature or another proposition on a feature ballot.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:09:19] The campaign financing on this one is bonkers. What does the money situation look like?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:09:23] Right. So on the pro side, I mean, the people who want this proposition, it’s mainly the gig companies. Over 181 million dollars. The most on a California proposition. And if you’re watching TV right now, you’re probably seeing the ads. I mean, they are flooding the airwaves. On the against side, it’s mostly labor, and they’ve got about 10 million dollars. So it’s an 18 to 1 disparity between the funding.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:09:47] Well, Sam Harnett, KQED, Silicon Valley reporter, thanks.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:09:50] Thanks, Olivia.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:09:52] To put a cap on this one, a vote yes says you think app based driving services should be treated differently from other industries and be allowed to classify their workers as independent contractors rather than employees. A no vote means you think app based driving services should follow the regulations set out by our existing law.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:10:14] Bay Curious Prop Fest is produced by \u003ca href=\"https://www.kqed.org/author/katrinaschwartz\">Katrina Schwartz\u003c/a>, Rob Speight, Katie McMurran and me, Olivia Allen-Price, with a huge assist from the entire KQED newsroom. Our show is made in San Francisco at member supported KQED. We’ll be back tomorrow with an episode on Prop 23, the dialysis prop. See you then.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Proposition 22 asks Californians if they want to define app-based transportation and delivery drivers as independent contractors, instead of as employees, as state law currently requires. This is an industry-specific carve-out. This episode is part of our \u003ca href=\"https://www.kqed.org/propfest\">Bay Curious Prop Fest\u003c/a> series, which explores the 12 propositions on California’s ballot. The series runs from Oct. 1-16, with new episodes dropping every weekday.\u003c/em>\u003c/p>\n\u003ch2>Transcript\u003c/h2>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:00:00] I’m \u003ca href=\"https://www.kqed.org/author/ohubertallen\"> Olivia Allen-Price \u003c/a> . You’re listening to \u003ca href=\"https://www.kqed.org/propfest\">Bay Curious Prop Fest. \u003c/a>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:00:05] It’s the most expensive ballot measure in California history, \u003ca href=\"https://voterguide.sos.ca.gov/propositions/22/\">Proposition 22 \u003c/a>. Or, as you might be calling it, that one about \u003ca href=\"https://www.uber.com/\">Uber \u003c/a> and \u003ca href=\"https://www.lyft.com/\">Lyft. \u003c/a>\u003c/p>\n\u003cp>\u003cb>Lyft driver \u003c/b> [00:00:15] I like the flexibility of driving whenever you want. Having your own schedule.\u003c/p>\n\u003cp>\u003cb>Uber driver \u003c/b>[00:00:20] We want to be independent contractors, but Uber doesn’t treat us like independent contractors. We’re not able to set our rates.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cb>Lyft driver \u003c/b><[00:00:26] Right now, I’m going to school. As my part-time gig to make money I’m doing Lyft.\u003c/p>\n\u003cp>\u003cb>Uber driver \u003c/b>[00:00:31] We’re not able to work when we want to, we pretty much have to work when we have to, in order to make money.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:00:38] How should app based drivers be classified? As employees or contractors? Prop 22 asks the public to decide. Today in the show we’ll unpack what difference those classifications make and learn how Prop 22 could impact the future of work.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:01:02] KQED reporter \u003ca href=\"https://www.kqed.org/author/samharnett\">Sam Harnett\u003c/a> has been covering these gig apps for years now and is here to walk us through Prop 22. Welcome, Sam.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:01:09] Hello, Olivia.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:01:10] So I know there’s a lot of layers to this one and we’re gonna get into all of those, but give us first a brief break down, what would Prop 22 do? What are we voting on?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:01:19] So at the highest level, Proposition 22 would exempt a handful of gig app companies like Uber, Lyft and \u003ca href=\"https://www.instacart.com/\">Instacart \u003c/a>from California state labor law. And it would allow those companies to continue classifying their drivers as contractors.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003caside class=\"alignleft utils-parseShortcode-shortcodes-__bayCuriousPodcastShortcode__bayCurious\">\u003cimg src=https://cdn.kqed.org/wp-content/uploads/2023/02/bayCuriousLogo.png alt=\"Bay Curious Podcast\" loading=\"lazy\" />\n \u003ca href=\"/news/series/baycurious\">Bay Curious\u003c/a> is a podcast that answers your questions about the Bay Area.\n Subscribe on \u003ca href=\"https://itunes.apple.com/us/podcast/bay-curious/id1172473406\" target=\"_blank\" rel=\"noopener noreferrer\">Apple Podcasts\u003c/a>,\n \u003ca href=\"http://www.npr.org/podcasts/500557090/bay-curious\" target=\"_blank\" rel=\"noopener noreferrer\">NPR One\u003c/a> or your favorite podcast platform.\u003c/aside>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:01:33] And the issue of whether app based drivers, you know, should be considered employees or independent contractors, it really goes back to sort of the beginning of when these apps kind of first came out. What’s going on?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:01:45] Sure. So if you go back to the beginning of Uber and Lyft in 2012, they started using this labor model where they, they classified their workers as contractors, which means they don’t pay unemployment insurance, they don’t have to pay overtime, they don’t pay workers comp. They have way less liability if there’s an accident. The whole business model is built on this contractor status, which was legally suspect from the start. So there are lawsuits right in the beginning against these companies, but the companies prevailed and they were able to keep classifying their workers as contractors.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:02:11] Then in 2018, the California Supreme Court came in and they issued what’s called \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\">The Dynamex Decision\u003c/a>, which actually wasn’t about the gig companies, it was about this independent trucking company that was classifying workers as contractors. But anyway, it made it harder for companies to classify workers as contractors. So in 2018, a lot people thought, OK, now these companies are going to change and start classifying workers as employees. But the companies didn’t.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:02:34] So, the legislature in 2019 passed a law called AB 5, which just codified into law the California Supreme Court dynamic’s decision. That became a law in 2020, and a lot people thought, OK, now, Uber, Lyft and InstaCart, they’re going to classify their workers as employees. But the companies didn’t. So then the pandemic happens, suddenly you’ve got tens or hundreds of thousands of workers for these apps that are out of work, but they can’t collect unemployment because the companies never paid into the state unemployment fund. So then you had the California attorney general step in, and a bunch of city attorneys, and they sued Uber and Lyft. This was back in May. And they sued them saying, hey, listen, you’re you’re still misclassifying your workers. Meanwhile, Uber, Lyft, Instacart, \u003ca href=\"https://postmates.com/\">Postmates\u003c/a> and a bunch of the other gig apps put Proposition 22 on the ballot. And they’re betting like, OK, if we can get the voters to pass this proposition, then we can keep operating as, as we were before.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:03:27] Can you explain a little bit more thoroughly like what is the difference effectively between an employee and an independent contractor?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:03:34] In America the only way to get basic protections like unemployment insurance, guaranteed minimum wage, overtime, workers compensation, is to be an employee. If you’re a contractor, you don’t get any of those protections. That’s essentially the difference. Really, the contractor was supposed to be for kind of professionals who were making a ton of money and were deciding to be a contractor because they wanted to, not because they were being forced to be a contractor. But corporations saw that, hey, with this contractor model, we can get out of paying for all these employee benefits and protections, and it’s way, way cheaper. So over the last, you know, since the late 70s, companies have been pushing more and more workers from employees into contractor status. It’s really just about do you get guaranteed employee protections or not?\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:04:19] OK. And can we get into, like, a little bit the nitty gritty of 22 – what would really change.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:04:25] So Proposition 22 is a carve out for select companies. And the carve out is for companies that do transportation or delivery through apps. And if a company fits that description, that means they can classify their workers as contractors.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:04:39] And this isn’t just like Uber and Lyft, which is what I think people immediately think of, but also like delivery, like \u003ca href=\"https://www.doordash.com/en-US\">DoorDash\u003c/a>, Instacart,.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:04:46] PostMates.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:04:47] Anyone who is in a car.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:04:48] Yeah. Through an app, on a car, on a bike, doing delivery or transportation.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:04:53] OK.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:04:53] The proposition then also has a couple increase perks or benefits for contractors. They can get health subsidies if they drive a certain amount. They can get limited insurance. They also, it says Iike a minimum floor for pay, but the minimum pay is calculated based on engaged hours – this is a really important difference. So it’s 120% of minimum wage is going to be guaranteed, but that’s only while you’re actually engaged in the app.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:05:17] So that means if you’re driving for Uber and let’s say you don’t get a ride for an hour, well, you don’t get paid for that hour of driving around even though you were working. So that’s like a really important kind of distinction. And I guess, the thing with Proposition 22 is, it’s all – it all gets very complicated in the details, but basically, if you look at the package, it’s going to guarantee a slight improvement to the benefits and protections for the contractors, but it’s far short of what you’d get in employee status.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:05:42] Could other industries be impacted if this passes.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:05:45] It creates this sort of third category that you can bet that corporations are going to go for because they can see a way to make money. And if you remember, Uber and Lyft, you know, started the gig app trend, but Instacart, PostMates, DoorDash, all these companies followed Uber and Lyft by creating apps to create more jobs that were contractor and not employee. So, you can bet that a lot of other industries, if they can figure out a way, you know, if trucking can get on an app, you know, maybe there’s a way to have warehouse workers work through an app. This opens the door for more companies to try to find ways to fit this model because contractors are way cheaper than employees.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:06:24] Now, what are these companies like Uber, Lyft, Instacart, DoorDash, etc., what are their arguments for why people should vote for 22?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:06:32] I’d say their primary argument is: This will allow us to keep operating as we were operating. It’s basically a pitch to consumers saying, hey, you know, you liked Uber and Lyft and Instacart and DoorSash. The second argument they make is, you know, listen, people need work right now, and so you can get work through these apps. We just want to give people work. And it’s not our fault that America doesn’t have a real safety net. It’s not our fault that it’s really hard to make it in this country, even if you’re working full-time. The anti side is saying, listen, if you allow these corporations to provide this kind of subpar, substandard work, you’re going to erode more of the good jobs that we do have. And you’re going to see more and more companies following Uber, Lyft, Instacart down this app route, which means you’re going to have more inequality and you’re going to have less good jobs.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:07:14] I’ve seen a lot of arguments that these companies will stop operating in California if this law doesn’t pass. Is that a risk here?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:07:22] Well, Uber definitely made it clear that they would temporarily pull out of California. But it’s important to remember that Uber, Lyft and other gig companies have threatened to leave whenever they didn’t like a regulation in multiple cities and states across the country. In Austin, in New York City, in Chicago and Seattle, and they always came back. In all of those cases, Uber and Lyft would temporarily leave until the regulation was changed back in their favor and then they return.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:07:48] Now, if you look at California, you know, I think what, Olivia, we’re like the fifth biggest economy in the world. Right? The idea that they would pull out of California forever, it just doesn’t seem very feasible, given how big of a market that they are now.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:08:01] Sort of another sort of, I guess, argument that I’ve seen out there is not just, OK, we might pull out of California, but also if we have to make everyone employees, fewer people will be able to drive for us because of the additional cost of making them employees. Could we see drivers potentially lose out on opportunity here if this were to fail?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:08:24] Uber, Lyft, DoorDash, shifting to employee status is definitely gonna force them to change their business model. They’re going to have to do things a little differently, and that might mean they have fewer drivers who then drive more hours. And so some very casual drivers might lose out.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:08:39] Drivers using these apps come down on both sides of Prop 22. Supporters are worried that becoming employees could ultimately take away their flexible work schedules or cause job losses. They also say rates could go up for consumers and service could disappear from lower profit regions. Drivers voting against Prop 22 want the protections that they would get as an employee. They argue a company shouldn’t get to write their own labor laws. They also point out that Prop 22 would be difficult to amend or overturn, requiring a 7/8 vote in the California state legislature or another proposition on a feature ballot.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:09:19] The campaign financing on this one is bonkers. What does the money situation look like?\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:09:23] Right. So on the pro side, I mean, the people who want this proposition, it’s mainly the gig companies. Over 181 million dollars. The most on a California proposition. And if you’re watching TV right now, you’re probably seeing the ads. I mean, they are flooding the airwaves. On the against side, it’s mostly labor, and they’ve got about 10 million dollars. So it’s an 18 to 1 disparity between the funding.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:09:47] Well, Sam Harnett, KQED, Silicon Valley reporter, thanks.\u003c/p>\n\u003cp>\u003cb>Sam Harnett \u003c/b>[00:09:50] Thanks, Olivia.\u003c/p>\n\u003cp>\u003cb>Olivia Allen-Price \u003c/b>[00:09:52] To put a cap on this one, a vote yes says you think app based driving services should be treated differently from other industries and be allowed to classify their workers as independent contractors rather than employees. A no vote means you think app based driving services should follow the regulations set out by our existing law.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>It’s not every day a worker in the tech sector will speak on the record, let alone two dozen of them.\u003c/p>\n\u003cp>Companies like Google, Facebook and Apple make workers sign nondisclosure agreements, and typically demand employees run all media requests through their human resources departments. On top of that, workers who do make public remarks have no union to protect them from being fired if the company is unhappy with what they say.\u003c/p>\n\u003cp>I once had an eyewitness at a fire in San Francisco decline to give a comment because he worked at Apple. As the apartment building burned in front of us, he told me he’d be uncomfortable commenting unless his managers signed off on the statement.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Clarissa Redwine\"]‘Having power and having a voice in the workplace are different things. A lot of us feel like we have a voice and can speak up, but does that actually change anything?’[/pullquote]\u003c/p>\n\u003cp>But the story is different at Kickstarter, where over 24 current and former employees have given lengthy interviews about their experiences working for the crowdfunding platform.\u003c/p>\n\u003cp>The interviews are featured in “\u003ca href=\"https://eclive.engelberg.center/\">Kickstarter Union: Oral History\u003c/a>,” a recently released podcast by former employee Clarissa Redwine that documents how workers at the company succeeded earlier this year in forming \u003ca href=\"https://kickstarterunited.org/\">the first white-collar union\u003c/a> at a tech startup.\u003c/p>\n\u003cp>Redwine says the effort led to her and others being forced out of the company. But now that the union is there, she says, workers have more power and protection to speak out in public.\u003c/p>\n\u003ch3>\u003cstrong>Organizing Challenges\u003c/strong>\u003c/h3>\n\u003cp>The story of what happened at Kickstarter shows how difficult it is to organize workers at a company that primarily relies on programming and the internet to do business, and the unique challenges involved.\u003c/p>\n\u003cp>Redwine says she hopes her oral history project encourages other tech workers to unionize and provides a roadmap for them to avoid the pitfalls that stymied her team. The interviews and recordings she has gathered provide a unique inside look at a modern tech company from the perspective of those who are usually unable or unwilling to tell their stories publicly.\u003c/p>\n\u003ch3>\u003cstrong>Clarissa’s Path\u003c/strong>\u003c/h3>\n\u003cp>In 2015, Redwine got her dream job at Kickstarter, managing fundraising projects in the tech and design category. “I was ecstatic,” she said. “When I got the email that I would be joining Kickstarter, I flipped out. I was so excited.”\u003c/p>\n\u003cfigure id=\"attachment_11841339\" class=\"wp-caption aligncenter\" style=\"max-width: 960px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/redwine1.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11841339\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/redwine1.png\" alt=\"\" width=\"960\" height=\"720\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine1.png 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine1-800x600.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine1-160x120.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine1-632x474.png 632w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine1-536x402.png 536w\" sizes=\"auto, (max-width: 960px) 100vw, 960px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Clarissa Redwine making ramen for her co-workers in the Kickstarter kitchen (when she still worked there). \u003ccite>(Courtesy of Clarissa Redwine)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Now, five years later, Redwine is not even working in tech anymore — she’s a fellow at New York University, where she’s producing the podcast project.\u003c/p>\n\u003cp>When Redwine got into the tech industry, she never expected things would play out like this.\u003c/p>\n\u003cp>“I didn’t necessarily have a strong understanding that the way that tech is traditionally infused with capital is harmful,” she said.\u003c/p>\n\u003cp>At Kickstarter, Redwine felt empowered, she recalls, like she was doing important work. And she was content with the job for her first three years there — up until the “Always Punch Nazis” incident.\u003c/p>\n\u003ch3>\u003cstrong>Power Struggle\u003c/strong>\u003c/h3>\n\u003cp>“Always Punch Nazis” is a comic book. In 2018, its writers were trying to raise money on Kickstarter, and they posted a video with dramatic music and images of cartoon characters punching Nazis.\u003c/p>\n\u003cp>For the last year or so, there had been growing unrest at the company. The former CEO, Perry Chen, had returned after a four-year hiatus, and not all employees were happy about it. \u003ca href=\"https://www.buzzfeednews.com/article/daveyalba/kickstarter-perry-chen-founder-worship-turmoil\">In interviews with Buzzfeed\u003c/a>, some employees accused Chen of being domineering and making unilateral decisions, and about 50 of them either left or were fired shortly after his return.\u003c/p>\n\u003cp>But it was the “Always Punch Nazis” situation that brought tensions at the company to a boiling point and that would eventually catalyze the union organizing effort.\u003c/p>\n\u003cp>When the fundraising page for the comic appeared on Kickstarter in August 2018, bloggers for the right-wing website Breitbart began complaining that the comic promoted violence and violated the company’s guidelines. In response, Kickstarter management said they’d take the project down. But many employees advocated for it to remain up.\u003c/p>\n\u003cp>Redwine has a recording of an emergency meeting at the height of the controversy. One employee stood up and said, “I just want to put on the record that not all of us are happy about this. This is super not chill and there is no other way to describe the feeling of being told in a room why we should be okay with this decision.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Employees eventually pressured the company to keep the project on the site. But, according to Redwine, managers started retaliating against some of the employees involved, reprimanding them for publicly speaking out.\u003c/p>\n\u003cp>The whole episode got Redwine and others thinking about how little power they actually had at the company; when it came to making big decisions, employees wouldn’t actually have much say unless they banded together.\u003c/p>\n\u003cp>“Having power and having a voice in the workplace are different things,” Redwine said. “A lot of us feel like we have a voice and can speak up, but does that actually change anything? Through this experience, I learned no, no it doesn’t. It doesn’t change anything unless you link arms with your fellow co-workers, and use your collective power to challenge management.”\u003c/p>\n\u003ch3>\u003cstrong>Banding Together\u003c/strong>\u003c/h3>\n\u003cp>Redwine and others started meeting at a co-worker’s apartment — a tiny studio just around the corner from Kickstarter’s offices. They’d cram in and talk about what was bugging them at the company. In addition to the recent incidents, some of them also voiced concern about recent hiring and firing decisions, and the dearth of women and people of color in senior management. The issues varied, but it all boiled down to a general lack of control.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"tech-industry\"]Although Kickstarter was then a company of less than 100 people, the issues raised by its employees were concerns shared by many workers at larger tech companies. For instance, during the \u003ca href=\"https://www.kqed.org/news/11714714/time-is-up-employee-unrest-grows-at-silicon-valley-companies\">Google Walkout in 2018 \u003c/a>a worker took the stage and said, “We demand structural change. We demand transparency, accountability and equity.”\u003c/p>\n\u003cp>Google employees have since spoken out against the company’s contracts with the U.S. military, its two-tier class system that separates employees and contractor and sexual harassment issues. But unlike Kickstarter, Google workers have never come close to forming a union.\u003c/p>\n\u003ch3>\u003cstrong>Getting the Ball Rolling\u003c/strong>\u003c/h3>\n\u003cp>At the meetings in the cramped studio, the group of Kickstarter employees decided they should affiliate with the Office and Professional Employees International Union. Redwine said OPEIU seemed the most committed to helping them unionize and using the effort as a template for organizing workers at other tech firms.\u003c/p>\n\u003cp>Redwine and her co-workers presumed Kickstarter management would embrace the union or at least not actively fight against it. Many of them believed the company truly did strive to have a less hierarchical management structure, as they had consistently claimed. But OPEIU advisors warned them not to be so trusting, and Redwine says they were right.\u003c/p>\n\u003cp>As Redwine describes it, management got wind of the organizing effort and started to push back. In meetings, she says, managers spoke about how Kickstarter didn’t need a union, and sent around emails to staff trying to dissuade organizing efforts. Management then outed the unionizing effort, announcing it to the whole company before organizers had contacted everyone individually, she says. And that’s when the group realized management was going to aggressively fight the effort.\u003c/p>\n\u003cp>“You know, it’s like, ‘Fool me once, fool me twice…’ I think we got to like fool me 10 times,” she said.\u003c/p>\n\u003cp>Kickstarter denies that it was opposed to the organizing effort. In a statement for this story, a Kickstarter spokesperson said, “We fully support and respect our staff’s decision to unionize earlier this year, and we’re proud of the fair and democratic process that got us to where we are today.”\u003c/p>\n\u003cfigure id=\"attachment_11841340\" class=\"wp-caption aligncenter\" style=\"max-width: 1290px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/redwine2.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11841340\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/redwine2.png\" alt=\"\" width=\"1290\" height=\"860\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine2.png 1290w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine2-800x533.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine2-1020x680.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine2-160x107.png 160w\" sizes=\"auto, (max-width: 1290px) 100vw, 1290px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Clarissa Redwine giving a talk at Kickstarter headquarters. \u003ccite>(Courtesy of Clarissa Redwine)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Redwine says to pull off the union, they had to convince the software engineers to join. Much like in other tech firms, engineers — who keep the tech running — have far more power than employees in sales or marketing, and typically receive better pay and perks.\u003c/p>\n\u003cp>The group worked hard to get engineers on board, Redwine says, and after a concerted outreach effort, managed to convince many of them to join the cause. In the end, employees voted 46-to-37 in favor of unionizing, and in February officially formed \u003ca href=\"https://kickstarterunited.org/\">Kickstarter United\u003c/a>.\u003c/p>\n\u003ch3>\u003cstrong>Personal Loss, Group Gain\u003c/strong>\u003c/h3>\n\u003cp>Employees who are still with the company say that because of the union, management has been more receptive to worker grievances, especially now during the pandemic. Employees were able to ensure that staff who got laid off received severance packages and are currently in the process of hammering out a collective bargaining agreement.\u003c/p>\n\u003cp>But the formation of the union came at a cost to individual workers. Last fall, the company fired or pushed out three organizers, herself included. She says she was fired after a complaint by her manager following a meeting.\u003c/p>\n\u003cp>Redwine was shocked. She had just had one of the best sales quarters of her career.\u003c/p>\n\u003cp>“Whenever I think back on it, I think it was a little bit of that classic tech culture individualism that made me feel a little more confident than I should have been,” she said.\u003c/p>\n\u003cp>In a statement, a spokesperson for Kickstarter said that Redwine was “terminated for legitimate issues that were well documented long before any organizing effort.”\u003c/p>\n\u003cp>Redwine’s colleague and fellow organizer Taylor Moore was fired around the same time she was. Last month, the National Labor Relations Board found sufficient evidence that Kickstarter retaliated against Moore for his organizing work. According to Vice News, \u003ca href=\"https://www.vice.com/en/article/xg8n37/kickstarter-settles-complaint-that-it-retaliated-against-union-organizer\">the company recently settled with Moore\u003c/a>, compensating him for more than $36,000 in backpay.\u003c/p>\n\u003ch3>\u003cstrong>Lessons Learned\u003c/strong>\u003c/h3>\n\u003cp>In the end, the union did bring Kickstarter managers to the bargaining table. But the larger goal was always to inspire other tech workers to organize, Redwine says.\u003c/p>\n\u003cp>She hopes the new podcast will help other tech worker organizers avoid the mistakes that she and her co-workers made, like trusting their company’s management and thinking it would be easy to undo existing hierarchies.\u003c/p>\n\u003cp>Groups like the \u003ca href=\"https://techworkerscoalition.org/\">Tech Workers Coalition\u003c/a> and \u003ca href=\"https://www.gameworkersunite.org/\">Game Workers Unite\u003c/a> are trying. They just had success in England, \u003ca href=\"https://www.vice.com/en_ca/article/g5p333/uk-tech-workers-launch-first-national-effort-to-unionize-tech-industry\">where several dozen tech workers joined\u003c/a> the Communications Workers Union. And \u003ca href=\"https://www.uniglobalunion.org/news/after-500-days-striking-oracle-korea-workers-union-win-a-recognition-agreement\">in South Korea\u003c/a>, programmers working for companies like Microsoft, Hewlett-Packard and Oracle are unionized.\u003c/p>\n\u003cp>So far, though, workers at only one other U.S. tech company have successfully followed Kickstarter’s example: the 50 employees at the video game company Glitch.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But the story is different at Kickstarter, where over 24 current and former employees have given lengthy interviews about their experiences working for the crowdfunding platform.\u003c/p>\n\u003cp>The interviews are featured in “\u003ca href=\"https://eclive.engelberg.center/\">Kickstarter Union: Oral History\u003c/a>,” a recently released podcast by former employee Clarissa Redwine that documents how workers at the company succeeded earlier this year in forming \u003ca href=\"https://kickstarterunited.org/\">the first white-collar union\u003c/a> at a tech startup.\u003c/p>\n\u003cp>Redwine says the effort led to her and others being forced out of the company. But now that the union is there, she says, workers have more power and protection to speak out in public.\u003c/p>\n\u003ch3>\u003cstrong>Organizing Challenges\u003c/strong>\u003c/h3>\n\u003cp>The story of what happened at Kickstarter shows how difficult it is to organize workers at a company that primarily relies on programming and the internet to do business, and the unique challenges involved.\u003c/p>\n\u003cp>Redwine says she hopes her oral history project encourages other tech workers to unionize and provides a roadmap for them to avoid the pitfalls that stymied her team. The interviews and recordings she has gathered provide a unique inside look at a modern tech company from the perspective of those who are usually unable or unwilling to tell their stories publicly.\u003c/p>\n\u003ch3>\u003cstrong>Clarissa’s Path\u003c/strong>\u003c/h3>\n\u003cp>In 2015, Redwine got her dream job at Kickstarter, managing fundraising projects in the tech and design category. “I was ecstatic,” she said. “When I got the email that I would be joining Kickstarter, I flipped out. I was so excited.”\u003c/p>\n\u003cfigure id=\"attachment_11841339\" class=\"wp-caption aligncenter\" style=\"max-width: 960px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/redwine1.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11841339\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/redwine1.png\" alt=\"\" width=\"960\" height=\"720\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine1.png 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine1-800x600.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine1-160x120.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine1-632x474.png 632w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine1-536x402.png 536w\" sizes=\"auto, (max-width: 960px) 100vw, 960px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Clarissa Redwine making ramen for her co-workers in the Kickstarter kitchen (when she still worked there). \u003ccite>(Courtesy of Clarissa Redwine)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Now, five years later, Redwine is not even working in tech anymore — she’s a fellow at New York University, where she’s producing the podcast project.\u003c/p>\n\u003cp>When Redwine got into the tech industry, she never expected things would play out like this.\u003c/p>\n\u003cp>“I didn’t necessarily have a strong understanding that the way that tech is traditionally infused with capital is harmful,” she said.\u003c/p>\n\u003cp>At Kickstarter, Redwine felt empowered, she recalls, like she was doing important work. And she was content with the job for her first three years there — up until the “Always Punch Nazis” incident.\u003c/p>\n\u003ch3>\u003cstrong>Power Struggle\u003c/strong>\u003c/h3>\n\u003cp>“Always Punch Nazis” is a comic book. In 2018, its writers were trying to raise money on Kickstarter, and they posted a video with dramatic music and images of cartoon characters punching Nazis.\u003c/p>\n\u003cp>For the last year or so, there had been growing unrest at the company. The former CEO, Perry Chen, had returned after a four-year hiatus, and not all employees were happy about it. \u003ca href=\"https://www.buzzfeednews.com/article/daveyalba/kickstarter-perry-chen-founder-worship-turmoil\">In interviews with Buzzfeed\u003c/a>, some employees accused Chen of being domineering and making unilateral decisions, and about 50 of them either left or were fired shortly after his return.\u003c/p>\n\u003cp>But it was the “Always Punch Nazis” situation that brought tensions at the company to a boiling point and that would eventually catalyze the union organizing effort.\u003c/p>\n\u003cp>When the fundraising page for the comic appeared on Kickstarter in August 2018, bloggers for the right-wing website Breitbart began complaining that the comic promoted violence and violated the company’s guidelines. In response, Kickstarter management said they’d take the project down. 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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Employees eventually pressured the company to keep the project on the site. But, according to Redwine, managers started retaliating against some of the employees involved, reprimanding them for publicly speaking out.\u003c/p>\n\u003cp>The whole episode got Redwine and others thinking about how little power they actually had at the company; when it came to making big decisions, employees wouldn’t actually have much say unless they banded together.\u003c/p>\n\u003cp>“Having power and having a voice in the workplace are different things,” Redwine said. “A lot of us feel like we have a voice and can speak up, but does that actually change anything? Through this experience, I learned no, no it doesn’t. It doesn’t change anything unless you link arms with your fellow co-workers, and use your collective power to challenge management.”\u003c/p>\n\u003ch3>\u003cstrong>Banding Together\u003c/strong>\u003c/h3>\n\u003cp>Redwine and others started meeting at a co-worker’s apartment — a tiny studio just around the corner from Kickstarter’s offices. They’d cram in and talk about what was bugging them at the company. In addition to the recent incidents, some of them also voiced concern about recent hiring and firing decisions, and the dearth of women and people of color in senior management. The issues varied, but it all boiled down to a general lack of control.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Although Kickstarter was then a company of less than 100 people, the issues raised by its employees were concerns shared by many workers at larger tech companies. For instance, during the \u003ca href=\"https://www.kqed.org/news/11714714/time-is-up-employee-unrest-grows-at-silicon-valley-companies\">Google Walkout in 2018 \u003c/a>a worker took the stage and said, “We demand structural change. We demand transparency, accountability and equity.”\u003c/p>\n\u003cp>Google employees have since spoken out against the company’s contracts with the U.S. military, its two-tier class system that separates employees and contractor and sexual harassment issues. But unlike Kickstarter, Google workers have never come close to forming a union.\u003c/p>\n\u003ch3>\u003cstrong>Getting the Ball Rolling\u003c/strong>\u003c/h3>\n\u003cp>At the meetings in the cramped studio, the group of Kickstarter employees decided they should affiliate with the Office and Professional Employees International Union. Redwine said OPEIU seemed the most committed to helping them unionize and using the effort as a template for organizing workers at other tech firms.\u003c/p>\n\u003cp>Redwine and her co-workers presumed Kickstarter management would embrace the union or at least not actively fight against it. Many of them believed the company truly did strive to have a less hierarchical management structure, as they had consistently claimed. But OPEIU advisors warned them not to be so trusting, and Redwine says they were right.\u003c/p>\n\u003cp>As Redwine describes it, management got wind of the organizing effort and started to push back. In meetings, she says, managers spoke about how Kickstarter didn’t need a union, and sent around emails to staff trying to dissuade organizing efforts. Management then outed the unionizing effort, announcing it to the whole company before organizers had contacted everyone individually, she says. And that’s when the group realized management was going to aggressively fight the effort.\u003c/p>\n\u003cp>“You know, it’s like, ‘Fool me once, fool me twice…’ I think we got to like fool me 10 times,” she said.\u003c/p>\n\u003cp>Kickstarter denies that it was opposed to the organizing effort. In a statement for this story, a Kickstarter spokesperson said, “We fully support and respect our staff’s decision to unionize earlier this year, and we’re proud of the fair and democratic process that got us to where we are today.”\u003c/p>\n\u003cfigure id=\"attachment_11841340\" class=\"wp-caption aligncenter\" style=\"max-width: 1290px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/redwine2.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11841340\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/10/redwine2.png\" alt=\"\" width=\"1290\" height=\"860\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine2.png 1290w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine2-800x533.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine2-1020x680.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2020/10/redwine2-160x107.png 160w\" sizes=\"auto, (max-width: 1290px) 100vw, 1290px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Clarissa Redwine giving a talk at Kickstarter headquarters. \u003ccite>(Courtesy of Clarissa Redwine)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Redwine says to pull off the union, they had to convince the software engineers to join. Much like in other tech firms, engineers — who keep the tech running — have far more power than employees in sales or marketing, and typically receive better pay and perks.\u003c/p>\n\u003cp>The group worked hard to get engineers on board, Redwine says, and after a concerted outreach effort, managed to convince many of them to join the cause. In the end, employees voted 46-to-37 in favor of unionizing, and in February officially formed \u003ca href=\"https://kickstarterunited.org/\">Kickstarter United\u003c/a>.\u003c/p>\n\u003ch3>\u003cstrong>Personal Loss, Group Gain\u003c/strong>\u003c/h3>\n\u003cp>Employees who are still with the company say that because of the union, management has been more receptive to worker grievances, especially now during the pandemic. Employees were able to ensure that staff who got laid off received severance packages and are currently in the process of hammering out a collective bargaining agreement.\u003c/p>\n\u003cp>But the formation of the union came at a cost to individual workers. Last fall, the company fired or pushed out three organizers, herself included. She says she was fired after a complaint by her manager following a meeting.\u003c/p>\n\u003cp>Redwine was shocked. She had just had one of the best sales quarters of her career.\u003c/p>\n\u003cp>“Whenever I think back on it, I think it was a little bit of that classic tech culture individualism that made me feel a little more confident than I should have been,” she said.\u003c/p>\n\u003cp>In a statement, a spokesperson for Kickstarter said that Redwine was “terminated for legitimate issues that were well documented long before any organizing effort.”\u003c/p>\n\u003cp>Redwine’s colleague and fellow organizer Taylor Moore was fired around the same time she was. Last month, the National Labor Relations Board found sufficient evidence that Kickstarter retaliated against Moore for his organizing work. According to Vice News, \u003ca href=\"https://www.vice.com/en/article/xg8n37/kickstarter-settles-complaint-that-it-retaliated-against-union-organizer\">the company recently settled with Moore\u003c/a>, compensating him for more than $36,000 in backpay.\u003c/p>\n\u003ch3>\u003cstrong>Lessons Learned\u003c/strong>\u003c/h3>\n\u003cp>In the end, the union did bring Kickstarter managers to the bargaining table. But the larger goal was always to inspire other tech workers to organize, Redwine says.\u003c/p>\n\u003cp>She hopes the new podcast will help other tech worker organizers avoid the mistakes that she and her co-workers made, like trusting their company’s management and thinking it would be easy to undo existing hierarchies.\u003c/p>\n\u003cp>Groups like the \u003ca href=\"https://techworkerscoalition.org/\">Tech Workers Coalition\u003c/a> and \u003ca href=\"https://www.gameworkersunite.org/\">Game Workers Unite\u003c/a> are trying. They just had success in England, \u003ca href=\"https://www.vice.com/en_ca/article/g5p333/uk-tech-workers-launch-first-national-effort-to-unionize-tech-industry\">where several dozen tech workers joined\u003c/a> the Communications Workers Union. And \u003ca href=\"https://www.uniglobalunion.org/news/after-500-days-striking-oracle-korea-workers-union-win-a-recognition-agreement\">in South Korea\u003c/a>, programmers working for companies like Microsoft, Hewlett-Packard and Oracle are unionized.\u003c/p>\n\u003cp>So far, though, workers at only one other U.S. tech company have successfully followed Kickstarter’s example: the 50 employees at the video game company Glitch.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
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},
"mindshift": {
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"morning-edition": {
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"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
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"onourwatch": {
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"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
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},
"pbs-newshour": {
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},
"perspectives": {
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"order": 14
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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"politicalbreakdown": {
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Political-Breakdown-2024-Podcast-Tile-703x703-1.jpg",
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"order": 5
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
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"source": "Possible"
},
"link": "/radio/program/possible",
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"spotify": "https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"
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},
"pri-the-world": {
"id": "pri-the-world",
"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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