Proposition 22 Passes, Locking In Sub-Employee Status For Gig Workers
Prop. 22 Explained: Why Gig Companies Are Spending Huge Money on an Unprecedented Measure
Why the Latest Battle Between California and Gig Companies Is a Big Deal
For Over Eight Years, Uber and Lyft Have Denied Drivers Employee Protections. Here's How They Did It
Uber and Lyft Must Classify Drivers as Employees, California Judge Rules
California, City Attorneys Sue Uber and Lyft Over Worker Misclassification
With New Gig Worker Law, Unions Court California Ride-Hail Drivers
Most Californians Want Stricter Data Privacy, Still Undecided on Gig Worker Protections
Democratic Debate, Gig Workers Bill, Berkeley Rep
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He also taught journalism classes at Fremont High School in East Oakland.\r\n\r\nEmail: mgreen@kqed.org; Twitter: @MGreenKQED","avatar":"https://secure.gravatar.com/avatar/3bf498d1267ca02c8494f33d8cfc575e?s=600&d=mm&r=g","twitter":"MGreenKQED","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["administrator"]},{"site":"lowdown","roles":["administrator"]},{"site":"stateofhealth","roles":["author"]},{"site":"science","roles":["administrator"]},{"site":"education","roles":["editor"]},{"site":"quest","roles":["editor"]},{"site":"forum","roles":["administrator"]},{"site":"elections","roles":["editor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Matthew Green | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/3bf498d1267ca02c8494f33d8cfc575e?s=600&d=mm&r=g","twImgSrc":"https://secure.gravatar.com/avatar/3bf498d1267ca02c8494f33d8cfc575e?s=600&d=mm&r=g"},"isLoading":false,"link":"/author/matthewgreen"},"ecruzguevarra":{"type":"authors","id":"8654","meta":{"index":"authors_1591205172","id":"8654","found":true},"name":"Ericka Cruz Guevarra","firstName":"Ericka","lastName":"Cruz Guevarra","slug":"ecruzguevarra","email":"ecruzguevarra@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"Producer, The Bay Podcast","bio":"Ericka Cruz Guevarra is host of \u003ca href=\"https://www.kqed.org/podcasts/thebay\">\u003cem>The Bay\u003c/em>\u003c/a> podcast at KQED. 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Send her an email if you have strong feelings about whether Fairfield and Suisun City are the Bay.","avatar":"https://secure.gravatar.com/avatar/25e5ab8d3d53fad2dcc7bb2b5c506b1a?s=600&d=blank&r=g","twitter":"NotoriousECG","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["subscriber"]},{"site":"news","roles":["editor"]},{"site":"futureofyou","roles":["subscriber"]},{"site":"stateofhealth","roles":["subscriber"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["subscriber"]}],"headData":{"title":"Ericka Cruz Guevarra | KQED","description":"Producer, The Bay Podcast","ogImgSrc":"https://secure.gravatar.com/avatar/25e5ab8d3d53fad2dcc7bb2b5c506b1a?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/25e5ab8d3d53fad2dcc7bb2b5c506b1a?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/ecruzguevarra"},"shutson":{"type":"authors","id":"11216","meta":{"index":"authors_1591205172","id":"11216","found":true},"name":"Sonja Hutson","firstName":"Sonja","lastName":"Hutson","slug":"shutson","email":"shutson@kqed.org","display_author_email":false,"staff_mastheads":[],"title":"KQED Contributor","bio":"Sonja Hutson is a former reporter for KQED's Silicon Valley desk and weekend newscasts. She primarily covers tech and housing. Sonja is a Bay Area native and now lives in San Francisco. When she's not working, you can find her camping, skiing, scuba diving, and struggling with the New York Times Crossword. Email: \u003ca href=\"mailto:shutson@kqed.org\">shutson@kqed.org. \u003c/a>Twitter: \u003ca href=\"https://twitter.com/SonjaHutson\">@SonjaHutson\u003c/a>","avatar":"https://secure.gravatar.com/avatar/7537c5e36818614e599b6c0f41d72b7a?s=600&d=blank&r=g","twitter":"SonjaHutson","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["author"]},{"site":"news","roles":["subscriber"]}],"headData":{"title":"Sonja Hutson | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/7537c5e36818614e599b6c0f41d72b7a?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/7537c5e36818614e599b6c0f41d72b7a?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/shutson"},"amontecillo":{"type":"authors","id":"11649","meta":{"index":"authors_1591205172","id":"11649","found":true},"name":"Alan Montecillo","firstName":"Alan","lastName":"Montecillo","slug":"amontecillo","email":"amontecillo@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Alan Montecillo is editor of \u003cem>\u003ca href=\"http://kqed.org/thebay\">The Bay\u003c/a>, \u003c/em>a local news and storytelling podcast from KQED. He's worked as a senior talk show producer for WILL in Champaign-Urbana, Illinois, and was the founding producer and editor of \u003cem>Racist Sandwich\u003c/em>, a podcast about food, race, class, and gender. He is a Filipino-American from Hong Kong and a graduate of Reed College in Portland, Oregon.","avatar":"https://secure.gravatar.com/avatar/d5e4e7a76481969ccba76f4e2b5ccabc?s=600&d=blank&r=g","twitter":"alanmontecillo","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"","roles":["editor"]},{"site":"news","roles":["editor"]}],"headData":{"title":"Alan Montecillo | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/d5e4e7a76481969ccba76f4e2b5ccabc?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/d5e4e7a76481969ccba76f4e2b5ccabc?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/amontecillo"},"slin":{"type":"authors","id":"11680","meta":{"index":"authors_1591205172","id":"11680","found":true},"name":"Shannon Lin","firstName":"Shannon","lastName":"Lin","slug":"slin","email":"slin@KQED.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Contributor","bio":null,"avatar":"https://secure.gravatar.com/avatar/933be81059ee104afe4b7976547cf552?s=600&d=blank&r=g","twitter":null,"facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["subscriber"]},{"site":"forum","roles":["editor"]}],"headData":{"title":"Shannon Lin | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/933be81059ee104afe4b7976547cf552?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/933be81059ee104afe4b7976547cf552?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/slin"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11844725":{"type":"posts","id":"news_11844725","meta":{"index":"posts_1591205157","site":"news","id":"11844725","score":null,"sort":[1604476555000]},"guestAuthors":[],"slug":"proposition-22-passes-locking-in-sub-employee-status-for-gig-workers","title":"Proposition 22 Passes, Locking In Sub-Employee Status For Gig Workers","publishDate":1604476555,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Proposition 22, a historically expensive effort by gig companies to continue classifying their workers as independent contractors, was approved by California voters Tuesday.\u003c/p>\n\u003cp>The measure was placed on the ballot by a handful of gig companies — namely Lyft, Uber, DoorDash, Instacart and Postmates — after the California Legislature passed AB 5 last year. The new law forces those companies to classify more of their workers as employees rather than contractors, and offer them workers' compensation, overtime pay and other basic benefits they hadn't previously had to provide.\u003cbr>\n[aside label=\"More on Propostion 22\" 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?' link2='https://www.kqed.org/elections/results#californiapropositions,Proposition 22: election results' hero=https://ww2.kqed.org/app/uploads/2020/10/KQED-Election-2020-Aside-Prop-22.png]\u003cbr>\nThe \u003ca href=\"https://www.kqed.org/news/11843123/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure\">ballot initiative and the fight to get it passed was unprecedented\u003c/a> for numerous reasons, from the amount of money behind it to the use of apps in the campaign strategy.\u003c/p>\n\u003cp>Proposition 22 will provide an exemption from AB 5 for any company that provides transportation or delivery services through an app. It would enshrine into law a kind of third employment category: the contract gig worker, one with fewer benefits than a traditional employee. This has for years been a goal of gig companies, who have pursued it at the federal level, and have already had success getting legislation on the books in a number of states.\u003c/p>\n\u003cp>The statute created by Proposition 22 would be very hard to change at the local and state level. It prevents local governments from passing laws that require companies to provide additional benefits and protections for gig workers. It is also among the hardest statutes for the Legislature to alter because of a provision requiring a seven-eighths supermajority.\u003cbr>\n[aside postID=\"news_11843123\" label=\"Proposition 22\"]\u003c/p>\n\u003cp>Proposition 22 was also the most expensive ballot initiative campaign in California history. Backers raised over $200 million, almost all of which came from five gig companies: Lyft, Uber, DoorDash, Instacart and Postmates. That was 10 times as much as that raised by the opposition, which drew most of its funding from organized labor.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gig companies said the proposition was essential for them to continue operating in California as they have been, with some, like Lyft and Uber, even threatening to temporarily suspend service if it didn't pass. Labor advocates, though, opposed the proposition, arguing it would establish a substandard class of workers that could spread to other industries and other states.\u003c/p>\n\u003cp>Proposition 22 defies all three branches of California's government, each of which has either directly or indirectly deemed the longstanding gig economy worker classification illegal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In this contest, gig companies also had an unprecedented direct-to-voter access advantage, never before seen in a state proposition contest. The companies used their own app-based platforms to push their message to millions of consumers and workers, a strategy many election observers have said will form the playbook for app-based campaigns in years to come.\u003c/p>\n\n","blocks":[],"excerpt":"The historically expensive effort to continue classifying gig workers as independent contractors was approved by California voters.","status":"publish","parent":0,"modified":1604476597,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":10,"wordCount":527},"headData":{"title":"Proposition 22 Passes, Locking In Sub-Employee Status For Gig Workers | KQED","description":"The historically expensive effort to continue classifying gig workers as independent contractors was approved by California voters.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11844725 https://ww2.kqed.org/news/?p=11844725","disqusUrl":"https://ww2.kqed.org/news/2020/11/03/proposition-22-passes-locking-in-sub-employee-status-for-gig-workers/","disqusTitle":"Proposition 22 Passes, Locking In Sub-Employee Status For Gig Workers","templateType":"standard","featuredImageType":"standard","path":"/news/11844725/proposition-22-passes-locking-in-sub-employee-status-for-gig-workers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Proposition 22, a historically expensive effort by gig companies to continue classifying their workers as independent contractors, was approved by California voters Tuesday.\u003c/p>\n\u003cp>The measure was placed on the ballot by a handful of gig companies — namely Lyft, Uber, DoorDash, Instacart and Postmates — after the California Legislature passed AB 5 last year. The new law forces those companies to classify more of their workers as employees rather than contractors, and offer them workers' compensation, overtime pay and other basic benefits they hadn't previously had to provide.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More on Propostion 22 ","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?","link2":"https://www.kqed.org/elections/results#californiapropositions,Proposition 22: election results","hero":"https://ww2.kqed.org/app/uploads/2020/10/KQED-Election-2020-Aside-Prop-22.png"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nThe \u003ca href=\"https://www.kqed.org/news/11843123/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure\">ballot initiative and the fight to get it passed was unprecedented\u003c/a> for numerous reasons, from the amount of money behind it to the use of apps in the campaign strategy.\u003c/p>\n\u003cp>Proposition 22 will provide an exemption from AB 5 for any company that provides transportation or delivery services through an app. It would enshrine into law a kind of third employment category: the contract gig worker, one with fewer benefits than a traditional employee. This has for years been a goal of gig companies, who have pursued it at the federal level, and have already had success getting legislation on the books in a number of states.\u003c/p>\n\u003cp>The statute created by Proposition 22 would be very hard to change at the local and state level. It prevents local governments from passing laws that require companies to provide additional benefits and protections for gig workers. It is also among the hardest statutes for the Legislature to alter because of a provision requiring a seven-eighths supermajority.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11843123","label":"Proposition 22 "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Proposition 22 was also the most expensive ballot initiative campaign in California history. Backers raised over $200 million, almost all of which came from five gig companies: Lyft, Uber, DoorDash, Instacart and Postmates. That was 10 times as much as that raised by the opposition, which drew most of its funding from organized labor.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gig companies said the proposition was essential for them to continue operating in California as they have been, with some, like Lyft and Uber, even threatening to temporarily suspend service if it didn't pass. Labor advocates, though, opposed the proposition, arguing it would establish a substandard class of workers that could spread to other industries and other states.\u003c/p>\n\u003cp>Proposition 22 defies all three branches of California's government, each of which has either directly or indirectly deemed the longstanding gig economy worker classification illegal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>In this contest, gig companies also had an unprecedented direct-to-voter access advantage, never before seen in a state proposition contest. The companies used their own app-based platforms to push their message to millions of consumers and workers, a strategy many election observers have said will form the playbook for app-based campaigns in years to come.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11844725/proposition-22-passes-locking-in-sub-employee-status-for-gig-workers","authors":["253"],"categories":["news_8"],"tags":["news_26512","news_26641","news_27370","news_28756","news_17994","news_26585","news_28757","news_28695"],"featImg":"news_11845130","label":"news"},"news_11843123":{"type":"posts","id":"news_11843123","meta":{"index":"posts_1591205157","site":"news","id":"11843123","score":null,"sort":[1603759727000]},"guestAuthors":[],"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","publishDate":1603759727,"format":"image","headTitle":"KQED News","labelTerm":{"site":"news"},"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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/Lyft-moustache.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Lyft-moustache-800x521.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Lyft-moustache-1020x664.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Lyft-moustache-160x104.jpg 160w, https://ww2.kqed.org/app/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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-160x107.jpg 160w, https://ww2.kqed.org/app/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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/UberLyftWindshield.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/UberLyftWindshield-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/UberLyftWindshield-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/UberLyftWindshield-160x107.jpg 160w, https://ww2.kqed.org/app/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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/YesOn22Driver.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/YesOn22Driver-800x538.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/YesOn22Driver-1020x685.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/YesOn22Driver-160x108.jpg 160w, https://ww2.kqed.org/app/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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/edelson-survey-800x466.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/edelson-survey-1020x595.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/edelson-survey-160x93.png 160w, https://ww2.kqed.org/app/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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/LyftAppProp22Ad.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/LyftAppProp22Ad-800x549.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/LyftAppProp22Ad-1020x700.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/LyftAppProp22Ad-160x110.jpg 160w, https://ww2.kqed.org/app/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","blocks":[],"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.","status":"publish","parent":0,"modified":1604522374,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":87,"wordCount":5073},"headData":{"title":"Prop. 22 Explained: Why Gig Companies Are Spending Huge Money on an Unprecedented Measure | KQED","description":"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.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11843123 https://ww2.kqed.org/news/?p=11843123","disqusUrl":"https://ww2.kqed.org/news/2020/10/26/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure/","disqusTitle":"Prop. 22 Explained: Why Gig Companies Are Spending Huge Money on an Unprecedented Measure","path":"/news/11843123/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure","audioTrackLength":null,"parsedContent":[{"type":"contentString","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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/Lyft-moustache.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Lyft-moustache-800x521.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Lyft-moustache-1020x664.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/Lyft-moustache-160x104.jpg 160w, https://ww2.kqed.org/app/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>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"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"},"numeric":[]}},{"type":"contentString","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>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","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>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11833598","hero":"https://ww2.kqed.org/app/uploads/sites/10/2019/09/09182019_uber-lyft-qut-1020x640.jpg","label":""},"numeric":[]}},{"type":"contentString","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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS45263_001_KQED_ElectionStockPhotos_TikaHall_10062020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/RS41942_005_KQED_Oakland_RideHail_03102020_-qut-160x107.jpg 160w, https://ww2.kqed.org/app/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>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11840343,news_11841547,news_11841059","label":"Election 2020 Resources "},"numeric":[]}},{"type":"contentString","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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/UberLyftWindshield.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/UberLyftWindshield-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/UberLyftWindshield-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/UberLyftWindshield-160x107.jpg 160w, https://ww2.kqed.org/app/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>","attributes":{"named":{},"numeric":[]}},{"type":"component","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.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Rep Barbara Lee","label":""},"numeric":[]}},{"type":"contentString","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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/YesOn22Driver.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/YesOn22Driver-800x538.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/YesOn22Driver-1020x685.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/YesOn22Driver-160x108.jpg 160w, https://ww2.kqed.org/app/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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/edelson-survey-800x466.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/edelson-survey-1020x595.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/edelson-survey-160x93.png 160w, https://ww2.kqed.org/app/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 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://ww2.kqed.org/app/uploads/sites/10/2020/10/LyftAppProp22Ad.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/LyftAppProp22Ad-800x549.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/LyftAppProp22Ad-1020x700.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/10/LyftAppProp22Ad-160x110.jpg 160w, https://ww2.kqed.org/app/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>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11842964","hero":"https://ww2.kqed.org/app/uploads/sites/10/2020/10/Uber-Driver-1020x701.jpg","label":""},"numeric":[]}},{"type":"contentString","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>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It is the holy grail of political communication.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"David McCuan, Sonoma State University","label":""},"numeric":[]}},{"type":"contentString","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>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11843123/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure","authors":["253"],"categories":["news_1758","news_8","news_13","news_248","news_1397"],"tags":["news_26512","news_18538","news_26532","news_27370","news_27626","news_17994","news_26585","news_25039","news_19904","news_4524","news_17968","news_28581","news_28695","news_23667","news_22800","news_353","news_4523"],"featImg":"news_11843813","label":"news"},"news_11836282":{"type":"posts","id":"news_11836282","meta":{"index":"posts_1591205157","site":"news","id":"11836282","score":null,"sort":[1599040832000]},"guestAuthors":[],"slug":"why-the-latest-battle-between-california-and-gig-companies-is-a-big-deal","title":"Why the Latest Battle Between California and Gig Companies Is a Big Deal","publishDate":1599040832,"format":"audio","headTitle":"Why the Latest Battle Between California and Gig Companies Is a Big Deal | KQED","labelTerm":{},"content":"\u003cp>For the last eight years, Uber and Lyft have successfully beaten state and local attempts to change its core labor model: treating drivers as independent contractors instead of employees with benefits.\u003c/p>\n\u003cp>Then the pandemic hit. And now, California’s public officials — including state Attorney General Xavier Becerra — might actually have the political will to force gig companies to change how they treat their employees.\u003c/p>\n\u003cp>\u003cstrong>Guest\u003c/strong>:\u003ca href=\"https://twitter.com/SamWHarnett\" target=\"_blank\" rel=\"noopener noreferrer\"> Sam Harnett\u003c/a>, tech and work reporter for KQED\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1700693953,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":78},"headData":{"title":"Why the Latest Battle Between California and Gig Companies Is a Big Deal | KQED","description":"For the last eight years, Uber and Lyft have successfully beaten state and local attempts to change its core labor model: treating drivers as independent contractors instead of employees with benefits. Then the pandemic hit. And now, California’s public officials — including state Attorney General Xavier Becerra — might actually have the political will to","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC2869516192.mp3","path":"/news/11836282/why-the-latest-battle-between-california-and-gig-companies-is-a-big-deal","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>For the last eight years, Uber and Lyft have successfully beaten state and local attempts to change its core labor model: treating drivers as independent contractors instead of employees with benefits.\u003c/p>\n\u003cp>Then the pandemic hit. And now, California’s public officials — including state Attorney General Xavier Becerra — might actually have the political will to force gig companies to change how they treat their employees.\u003c/p>\n\u003cp>\u003cstrong>Guest\u003c/strong>:\u003ca href=\"https://twitter.com/SamWHarnett\" target=\"_blank\" rel=\"noopener noreferrer\"> Sam Harnett\u003c/a>, tech and work reporter for KQED\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11836282/why-the-latest-battle-between-california-and-gig-companies-is-a-big-deal","authors":["8654","253","11680","11649"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_26512","news_4524","news_22598","news_4523"],"featImg":"news_11836285","label":"source_news_11836282"},"news_11833598":{"type":"posts","id":"news_11833598","meta":{"index":"posts_1591205157","site":"news","id":"11833598","score":null,"sort":[1597783374000]},"guestAuthors":[],"slug":"after-epic-8-year-battle-california-uber-lyft-drivers-may-soon-receive-employee-benefits","title":"For Over Eight Years, Uber and Lyft Have Denied Drivers Employee Protections. Here's How They Did It","publishDate":1597783374,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Last week, Uber and Lyft drivers in California came as close as they've ever been to getting employee status. After eight years of struggling, basic protections like unemployment insurance and guaranteed minimum wage were just a few hours away.\u003c/p>\n\u003cp>In early August, a state judge had issued an injunction demanding the companies recognize their drivers employees. In that order, San Francisco Superior Court Judge Ethan Schulman noted the companies “prolonged and brazen refusal to comply with California law,” adding that they “may not evade legislative mandates merely because their businesses are so large that they affect the lives of many thousands of people.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Superior Court Judge Ethan Schulman\"]'(Uber and Lyft) may not evade legislative mandates merely because their businesses are so large that they affect the lives of many thousands of people.'[/pullquote]\u003c/p>\n\u003cp>It seemed like employee status would finally happen. But then, at the last moment, a state appeal court stepped in and stayed the injunction. Now drivers who want basic protections once again have to wait, perhaps until the election in November.\u003c/p>\n\u003cp>There are two major lawsuits in progress. California Attorney General Xavier Becerra and a handful of city attorneys \u003ca href=\"https://www.kqed.org/news/11816321/california-city-attorneys-sue-uber-and-lyft-over-worker-misclassification\">are suing Uber and Lyft\u003c/a> for failing to comply with AB5, a law that went into effect back in January. The state labor commissioner is suing for back pay for alleged worker misclassification. Meanwhile, Uber and Lyft are ramping up advertising for Proposition 22, a ballot initiative in November that would exempt them from state laws.\u003c/p>\n\u003cp>This fight isn’t new. Treating drivers as independent contractors has been legally suspect ever since Uber and Lyft began over eight years ago. Yet over and over again these companies, and those who copied their business model, have continually found ways to avoid giving workers employee status and protection.\u003c/p>\n\u003cp>This evasion has been core to the business models of these companies. Until now, the companies have continued classifying workers as contractors, despite pressure from regulators, local and state governments and thousands of drivers. In that time, Uber and Lyft were able to use the contractor model to build multi-billion dollar companies.\u003c/p>\n\u003ch3>\u003cstrong>‘Tech Startups,’ Not Transportation Companies\u003c/strong>\u003c/h3>\n\u003cp>The saga begins in 2012 with a fuzzy pink mustache and a fist bump. Back then Lyft, Uber's smaller competitor, was advertising itself as 'your friend with a car.\" It was Lyft, not Uber, that first started paying drivers to use their own cars to do taxi work.\u003c/p>\n\u003cp>Uber soon followed suit. Both companies emphasized that they weren’t transportation companies, but rather tech startups with “platforms” to connect riders to drivers.\u003c/p>\n\u003cp>Uber and Lyft also both chose to classify their workers as contractors, which significantly reduced both companies' liability and payroll expenses. That tactic became a major selling point for venture capitalists, who began investing billions in both companies.\u003c/p>\n\u003cp>The two companies, though, faced a seemingly major hurdle. Many major cities had taxi regulations that mandated drivers had a medallions. Operating without them was illegal. Taxi drivers, many of whom had paid tens or hundreds of thousands of dollars for these medallions, \u003ca href=\"https://www.kqed.org/news/11694401/san-francisco-made-millions-selling-taxi-medallions-now-drivers-are-paying-the-price\">pointed out that Uber and Lyfts were not operating legally\u003c/a>.\u003c/p>\n\u003cp>But this was 2013, and the tech industry was enjoying a rosy reception by both the public and regulators. The companies were viewed as job creators, a designation that carried a lot of weight, especially as the nation was still emerging from the shadows of the 2008 financial recession. Most politicians didn’t want to stand in the way.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Pundits and journalists also helped fuel the positive portrayal, commonly painting the companies as innovative agents of change ushering in a future that was not only inevitable, but also desirable.\u003c/p>\n\u003cp>In fact, \u003ca href=\"https://www.kqed.org/news/10851717/the-movement-to-kill-the-phrase-sharing-economy\">the “Sharing Economy” \u003c/a>as a concept was largely created and perpetuated by media organizations, which decided not to look at these companies through the lens of transportation or labor, but instead as \"tech\" companies. \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3668606\">If you look back at the media coverage in the first years of these companies\u003c/a>, it was generally swooning.\u003c/p>\n\u003cp>That largely uncritical coverage helped pave the way for a handful of companies representing a tiny fraction of the economy to have an outsize impact on law, corporate practices and the very way our society thinks about work.\u003c/p>\n\u003ch3>\u003cstrong>Overcoming Regulatory Hurdles\u003c/strong>\u003c/h3>\n\u003cp>As cities like San Francisco were opting to allow Uber and Lyft to operate in violation of local taxi laws, state regulators also embraced the companies, handing them a major win in the fall of 2013.\u003c/p>\n\u003cp>The California Public Utilities Commission in 2013 decided to create an entire \u003ca href=\"https://www.sfgate.com/news/article/PUC-adopts-rules-for-ride-services-4828477.php\">new regulatory category\u003c/a>, allowing Uber and Lyft to operate in cities throughout the state without being required to follow to local taxi laws. When announcing the creation of “Transportation Network Companies,” then CPUC President Michael Peevey parroted the rhetoric of the companies themselves.\u003c/p>\n\u003cp>“The internet is challenging many traditional business models by turning average everyday consumers into service providers,” Peevey said at the time. “This is a rapidly growing sharing economy.”\u003c/p>\n\u003ch3>\u003cstrong>Contracting Problems\u003c/strong>\u003c/h3>\n\u003cp>But the independent contractor model quickly began to create problems for the companies’ drivers. They had no workers' compensation for accidents and lacked unemployment insurance and overtime benefits — all basic protections guaranteed to employees.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"gig-economy\"]This brought lawsuits. In the fall of 2013, Shannon Liss-Riordan filed class action lawsuits against both companies that aimed to get drivers back pay and to end the alleged misclassification of drivers as contractors.\u003c/p>\n\u003cp>Uber and Lyft were able to successfully snarl these lawsuits in the court system. It took six years to resolve both cases. The combined $47 million in settlements fell far short of the plaintiff's original goal, and drivers continued to be classified as contractors.\u003c/p>\n\u003ch3>\u003cstrong>Mandatory Arbitration Clauses\u003c/strong>\u003c/h3>\n\u003cp>Uber and Lyft were able hamstring that lawsuit, and subsequent others, largely through mandatory arbitration clauses: controversial agreements that all Uber and Lyft drivers have to sign mandating that labor disputes be handled privately behind closed doors rather than in court.\u003c/p>\n\u003cp>“Lawyers have been filing misclassification cases more or less since these companies came on the scene,” said Charlotte Garden, a professor at the Seattle University School of Law. \"By looking at how those cases have ended, it is really a testament to how effective individual arbitration is at preventing people from being able to enforce their rights.”\u003c/p>\n\u003cp>Uber and Lyft also fended off regulation by appealing to consumers. They relied on their vast venture capital reserves to make rides artificially cheap — to the ire of traditional taxi drivers. And then, when a city or state enacted unfavorable regulations, the companies would threaten to leave.\u003c/p>\n\u003cp>Sometimes the companies would leave for a few months, but they always came back.\u003c/p>\n\u003cp>Angry customers, meanwhile, put pressure on politicians who often caved and dropped regulations.\u003c/p>\n\u003cp>Garden said the victories Uber and Lyft enjoyed early on dissuaded other local regulators from trying to rein in the companies.\u003c/p>\n\u003cfigure id=\"attachment_11833891\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg class=\"size-full wp-image-11833891\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/08/GettyImages-1170572546.jpg\" alt=\"\" width=\"1024\" height=\"683\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/08/GettyImages-1170572546.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/GettyImages-1170572546-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/GettyImages-1170572546-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/GettyImages-1170572546-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">A San Francisco police officer monitors a protest outside of Uber headquarters on Aug. 27, 2019 in San Francisco, where dozens of Uber and Lyft drivers staged a protest in support of AB 5, and to organize a union for ride-hail drivers. \u003ccite>(ustin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“They knew regulation would be met with the companies ignoring the regulations and then fighting tooth and nail,” she said.\u003c/p>\n\u003cp>Uber and Lyft grew rapidly over the next five years and, by 2018, had amassed a combined $20 billion in venture capital. Meanwhile, a spate of new companies like Postmates and Instacart began adopting similar contract-labor models.\u003c/p>\n\u003ch3>\u003cstrong>The ‘ABC Test’\u003c/strong>\u003c/h3>\n\u003cp>In 2018, drivers seeking employee status scored a major victory — ironically, as a result of a California Supreme Court case that had nothing to do with gig companies.\u003c/p>\n\u003cp>This case began in 2005, three years before smartphones even existed, and close to a decade before the dawn of the gig economy. A truck driver sued a delivery company called Dynamex for classifying him as a contractor and not paying employee benefits.\u003c/p>\n\u003cp>In April 2018 — 13 years after the case started — the court ruled in favor of the driver. The ruling established an “ABC test” for employment, in which workers can only be considered contractors if they:\u003c/p>\n\u003cp>a. are free of control and direction from the company;\u003cbr>\nb. perform work outside the normal course of the company’s business;\u003cbr>\nc. regularly engage in some kind of independently established trade or occupation\u003c/p>\n\u003cp>Nevertheless, in the absence of any enforcement, Uber and Lyft continued to classify their drivers as contractors.\u003c/p>\n\u003cp>The following year, the state Legislature took up the issue.\u003c/p>\n\u003cp>AB 5, introduced by Assemblywoman Lorena Gonzalez, D-San Diego, went into effect Jan. 1, 2020, codifying the Dynamex decision into law.\u003c/p>\n\u003cp>In advocating for the bill, Gonzalez specifically called out gig companies like Uber and Lyft.\u003c/p>\n\u003cp>“In letting a new industry come in and say, ‘Because I hire you through an app, I don’t have any rules’ — that jeopardizes everything,” Gonzalez told lawmakers as they debated the bill in 2019.\u003c/p>\n\u003cp>But Uber and Lyft have since still continued to classify drivers as contractors.\u003c/p>\n\u003cp>In response to AB 5, Uber, Lyft and the delivery company DoorDash put more than $110 million behind Proposition 22 — on the statewide ballot this November — which would exempt gig companies from the new legislation.\u003c/p>\n\u003ch3>And Then Came the Pandemic ...\u003c/h3>\n\u003cp>In March, the coronavirus pandemic delivered a nightmare scenario for drivers who saw a precipitous drop in customers and weren't eligible for the paid sick time and unemployment benefits afforded regular employees.\u003c/p>\n\u003cp>As the pandemic raged on, California Attorney General Xavier Becerra in May finally stepped in, announcing a lawsuit against the companies.\u003c/p>\n\u003cp>Becerra admitted that it had taken the coronavirus for the state to act on the issue of worker misclassification.\u003c/p>\n\u003cp>“Sometimes it takes a pandemic to shake us into what that really means and who suffers the consequences of it,” he said.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"California Attorney General Xavier Becerra\"]'Sometimes it takes a pandemic to shake us into what that really means and who suffers the consequences of it.'[/pullquote]\u003cbr>\nAnd on Aug. 10, Judge Schulman issued his preliminary order to make Uber and Lyft classify their workers as employees while the state lawsuit unfolds.\u003c/p>\n\u003cp>Uber and Lyft went on the offensive. They wrote to their drivers and riders, asking them to vote in favor of Proposition 22. And in a New York Times opinion piece, \u003ca href=\"https://www.nytimes.com/2020/08/10/opinion/uber-ceo-dara-khosrowshahi-gig-workers-deserve-better.html\">Uber CEO Dara Khosrowshahi\u003c/a> urged lawmakers to create a new category of worker for Uber and Lyft drivers to accommodate its unique business model.\u003c/p>\n\u003cp>Then, in an interview with MSNBC, Khosrowshahi pulled out a tactic from Uber’s old playbook: He threatened to temporarily suspend service in California.\u003c/p>\n\u003cp>“We think we comply by the laws,” Khosrowshahi said. “But if the judge and the court finds that we are not and they don’t give us a stay to get to November, then we will have to eventually shut down Uber until November.”\u003c/p>\n\u003cp>So now, after eight years and the involvement of every branch of California’s state government, Uber and Lyft may finally be forced to give California drivers basic employee protections — or, far more unlikely, suspend operations in the state.\u003c/p>\n\u003cp>And if the courts ultimately find that Uber and Lyft have been misclassifying their drivers, the companies may also be forced to give them billions of dollars in back pay for wages and benefits.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Uber and Lyft built multibillion dollar companies in part by controversially categorizing their drivers as independent contractors rather than employees. But that may change as of this week. This is how we got here. ","status":"publish","parent":0,"modified":1598560834,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":52,"wordCount":1959},"headData":{"title":"For Over Eight Years, Uber and Lyft Have Denied Drivers Employee Protections. Here's How They Did It | KQED","description":"Uber and Lyft built multibillion dollar companies in part by controversially categorizing their drivers as independent contractors rather than employees. But that may change as of this week. This is how we got here. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11833598 https://ww2.kqed.org/news/?p=11833598","disqusUrl":"https://ww2.kqed.org/news/2020/08/18/after-epic-8-year-battle-california-uber-lyft-drivers-may-soon-receive-employee-benefits/","disqusTitle":"For Over Eight Years, Uber and Lyft Have Denied Drivers Employee Protections. Here's How They Did It","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/bc23afd6-34c2-4ffb-8f53-ac230121d37d/audio.mp3","path":"/news/11833598/after-epic-8-year-battle-california-uber-lyft-drivers-may-soon-receive-employee-benefits","audioDuration":433000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Last week, Uber and Lyft drivers in California came as close as they've ever been to getting employee status. After eight years of struggling, basic protections like unemployment insurance and guaranteed minimum wage were just a few hours away.\u003c/p>\n\u003cp>In early August, a state judge had issued an injunction demanding the companies recognize their drivers employees. In that order, San Francisco Superior Court Judge Ethan Schulman noted the companies “prolonged and brazen refusal to comply with California law,” adding that they “may not evade legislative mandates merely because their businesses are so large that they affect the lives of many thousands of people.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'(Uber and Lyft) may not evade legislative mandates merely because their businesses are so large that they affect the lives of many thousands of people.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Superior Court Judge Ethan Schulman","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It seemed like employee status would finally happen. But then, at the last moment, a state appeal court stepped in and stayed the injunction. Now drivers who want basic protections once again have to wait, perhaps until the election in November.\u003c/p>\n\u003cp>There are two major lawsuits in progress. California Attorney General Xavier Becerra and a handful of city attorneys \u003ca href=\"https://www.kqed.org/news/11816321/california-city-attorneys-sue-uber-and-lyft-over-worker-misclassification\">are suing Uber and Lyft\u003c/a> for failing to comply with AB5, a law that went into effect back in January. The state labor commissioner is suing for back pay for alleged worker misclassification. Meanwhile, Uber and Lyft are ramping up advertising for Proposition 22, a ballot initiative in November that would exempt them from state laws.\u003c/p>\n\u003cp>This fight isn’t new. Treating drivers as independent contractors has been legally suspect ever since Uber and Lyft began over eight years ago. Yet over and over again these companies, and those who copied their business model, have continually found ways to avoid giving workers employee status and protection.\u003c/p>\n\u003cp>This evasion has been core to the business models of these companies. Until now, the companies have continued classifying workers as contractors, despite pressure from regulators, local and state governments and thousands of drivers. In that time, Uber and Lyft were able to use the contractor model to build multi-billion dollar companies.\u003c/p>\n\u003ch3>\u003cstrong>‘Tech Startups,’ Not Transportation Companies\u003c/strong>\u003c/h3>\n\u003cp>The saga begins in 2012 with a fuzzy pink mustache and a fist bump. Back then Lyft, Uber's smaller competitor, was advertising itself as 'your friend with a car.\" It was Lyft, not Uber, that first started paying drivers to use their own cars to do taxi work.\u003c/p>\n\u003cp>Uber soon followed suit. Both companies emphasized that they weren’t transportation companies, but rather tech startups with “platforms” to connect riders to drivers.\u003c/p>\n\u003cp>Uber and Lyft also both chose to classify their workers as contractors, which significantly reduced both companies' liability and payroll expenses. That tactic became a major selling point for venture capitalists, who began investing billions in both companies.\u003c/p>\n\u003cp>The two companies, though, faced a seemingly major hurdle. Many major cities had taxi regulations that mandated drivers had a medallions. Operating without them was illegal. Taxi drivers, many of whom had paid tens or hundreds of thousands of dollars for these medallions, \u003ca href=\"https://www.kqed.org/news/11694401/san-francisco-made-millions-selling-taxi-medallions-now-drivers-are-paying-the-price\">pointed out that Uber and Lyfts were not operating legally\u003c/a>.\u003c/p>\n\u003cp>But this was 2013, and the tech industry was enjoying a rosy reception by both the public and regulators. The companies were viewed as job creators, a designation that carried a lot of weight, especially as the nation was still emerging from the shadows of the 2008 financial recession. Most politicians didn’t want to stand in the way.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Pundits and journalists also helped fuel the positive portrayal, commonly painting the companies as innovative agents of change ushering in a future that was not only inevitable, but also desirable.\u003c/p>\n\u003cp>In fact, \u003ca href=\"https://www.kqed.org/news/10851717/the-movement-to-kill-the-phrase-sharing-economy\">the “Sharing Economy” \u003c/a>as a concept was largely created and perpetuated by media organizations, which decided not to look at these companies through the lens of transportation or labor, but instead as \"tech\" companies. \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3668606\">If you look back at the media coverage in the first years of these companies\u003c/a>, it was generally swooning.\u003c/p>\n\u003cp>That largely uncritical coverage helped pave the way for a handful of companies representing a tiny fraction of the economy to have an outsize impact on law, corporate practices and the very way our society thinks about work.\u003c/p>\n\u003ch3>\u003cstrong>Overcoming Regulatory Hurdles\u003c/strong>\u003c/h3>\n\u003cp>As cities like San Francisco were opting to allow Uber and Lyft to operate in violation of local taxi laws, state regulators also embraced the companies, handing them a major win in the fall of 2013.\u003c/p>\n\u003cp>The California Public Utilities Commission in 2013 decided to create an entire \u003ca href=\"https://www.sfgate.com/news/article/PUC-adopts-rules-for-ride-services-4828477.php\">new regulatory category\u003c/a>, allowing Uber and Lyft to operate in cities throughout the state without being required to follow to local taxi laws. When announcing the creation of “Transportation Network Companies,” then CPUC President Michael Peevey parroted the rhetoric of the companies themselves.\u003c/p>\n\u003cp>“The internet is challenging many traditional business models by turning average everyday consumers into service providers,” Peevey said at the time. “This is a rapidly growing sharing economy.”\u003c/p>\n\u003ch3>\u003cstrong>Contracting Problems\u003c/strong>\u003c/h3>\n\u003cp>But the independent contractor model quickly began to create problems for the companies’ drivers. They had no workers' compensation for accidents and lacked unemployment insurance and overtime benefits — all basic protections guaranteed to employees.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"gig-economy"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>This brought lawsuits. In the fall of 2013, Shannon Liss-Riordan filed class action lawsuits against both companies that aimed to get drivers back pay and to end the alleged misclassification of drivers as contractors.\u003c/p>\n\u003cp>Uber and Lyft were able to successfully snarl these lawsuits in the court system. It took six years to resolve both cases. The combined $47 million in settlements fell far short of the plaintiff's original goal, and drivers continued to be classified as contractors.\u003c/p>\n\u003ch3>\u003cstrong>Mandatory Arbitration Clauses\u003c/strong>\u003c/h3>\n\u003cp>Uber and Lyft were able hamstring that lawsuit, and subsequent others, largely through mandatory arbitration clauses: controversial agreements that all Uber and Lyft drivers have to sign mandating that labor disputes be handled privately behind closed doors rather than in court.\u003c/p>\n\u003cp>“Lawyers have been filing misclassification cases more or less since these companies came on the scene,” said Charlotte Garden, a professor at the Seattle University School of Law. \"By looking at how those cases have ended, it is really a testament to how effective individual arbitration is at preventing people from being able to enforce their rights.”\u003c/p>\n\u003cp>Uber and Lyft also fended off regulation by appealing to consumers. They relied on their vast venture capital reserves to make rides artificially cheap — to the ire of traditional taxi drivers. And then, when a city or state enacted unfavorable regulations, the companies would threaten to leave.\u003c/p>\n\u003cp>Sometimes the companies would leave for a few months, but they always came back.\u003c/p>\n\u003cp>Angry customers, meanwhile, put pressure on politicians who often caved and dropped regulations.\u003c/p>\n\u003cp>Garden said the victories Uber and Lyft enjoyed early on dissuaded other local regulators from trying to rein in the companies.\u003c/p>\n\u003cfigure id=\"attachment_11833891\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg class=\"size-full wp-image-11833891\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/08/GettyImages-1170572546.jpg\" alt=\"\" width=\"1024\" height=\"683\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/08/GettyImages-1170572546.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/GettyImages-1170572546-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/GettyImages-1170572546-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/08/GettyImages-1170572546-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">A San Francisco police officer monitors a protest outside of Uber headquarters on Aug. 27, 2019 in San Francisco, where dozens of Uber and Lyft drivers staged a protest in support of AB 5, and to organize a union for ride-hail drivers. \u003ccite>(ustin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“They knew regulation would be met with the companies ignoring the regulations and then fighting tooth and nail,” she said.\u003c/p>\n\u003cp>Uber and Lyft grew rapidly over the next five years and, by 2018, had amassed a combined $20 billion in venture capital. Meanwhile, a spate of new companies like Postmates and Instacart began adopting similar contract-labor models.\u003c/p>\n\u003ch3>\u003cstrong>The ‘ABC Test’\u003c/strong>\u003c/h3>\n\u003cp>In 2018, drivers seeking employee status scored a major victory — ironically, as a result of a California Supreme Court case that had nothing to do with gig companies.\u003c/p>\n\u003cp>This case began in 2005, three years before smartphones even existed, and close to a decade before the dawn of the gig economy. A truck driver sued a delivery company called Dynamex for classifying him as a contractor and not paying employee benefits.\u003c/p>\n\u003cp>In April 2018 — 13 years after the case started — the court ruled in favor of the driver. The ruling established an “ABC test” for employment, in which workers can only be considered contractors if they:\u003c/p>\n\u003cp>a. are free of control and direction from the company;\u003cbr>\nb. perform work outside the normal course of the company’s business;\u003cbr>\nc. regularly engage in some kind of independently established trade or occupation\u003c/p>\n\u003cp>Nevertheless, in the absence of any enforcement, Uber and Lyft continued to classify their drivers as contractors.\u003c/p>\n\u003cp>The following year, the state Legislature took up the issue.\u003c/p>\n\u003cp>AB 5, introduced by Assemblywoman Lorena Gonzalez, D-San Diego, went into effect Jan. 1, 2020, codifying the Dynamex decision into law.\u003c/p>\n\u003cp>In advocating for the bill, Gonzalez specifically called out gig companies like Uber and Lyft.\u003c/p>\n\u003cp>“In letting a new industry come in and say, ‘Because I hire you through an app, I don’t have any rules’ — that jeopardizes everything,” Gonzalez told lawmakers as they debated the bill in 2019.\u003c/p>\n\u003cp>But Uber and Lyft have since still continued to classify drivers as contractors.\u003c/p>\n\u003cp>In response to AB 5, Uber, Lyft and the delivery company DoorDash put more than $110 million behind Proposition 22 — on the statewide ballot this November — which would exempt gig companies from the new legislation.\u003c/p>\n\u003ch3>And Then Came the Pandemic ...\u003c/h3>\n\u003cp>In March, the coronavirus pandemic delivered a nightmare scenario for drivers who saw a precipitous drop in customers and weren't eligible for the paid sick time and unemployment benefits afforded regular employees.\u003c/p>\n\u003cp>As the pandemic raged on, California Attorney General Xavier Becerra in May finally stepped in, announcing a lawsuit against the companies.\u003c/p>\n\u003cp>Becerra admitted that it had taken the coronavirus for the state to act on the issue of worker misclassification.\u003c/p>\n\u003cp>“Sometimes it takes a pandemic to shake us into what that really means and who suffers the consequences of it,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Sometimes it takes a pandemic to shake us into what that really means and who suffers the consequences of it.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"California Attorney General Xavier Becerra","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nAnd on Aug. 10, Judge Schulman issued his preliminary order to make Uber and Lyft classify their workers as employees while the state lawsuit unfolds.\u003c/p>\n\u003cp>Uber and Lyft went on the offensive. They wrote to their drivers and riders, asking them to vote in favor of Proposition 22. And in a New York Times opinion piece, \u003ca href=\"https://www.nytimes.com/2020/08/10/opinion/uber-ceo-dara-khosrowshahi-gig-workers-deserve-better.html\">Uber CEO Dara Khosrowshahi\u003c/a> urged lawmakers to create a new category of worker for Uber and Lyft drivers to accommodate its unique business model.\u003c/p>\n\u003cp>Then, in an interview with MSNBC, Khosrowshahi pulled out a tactic from Uber’s old playbook: He threatened to temporarily suspend service in California.\u003c/p>\n\u003cp>“We think we comply by the laws,” Khosrowshahi said. “But if the judge and the court finds that we are not and they don’t give us a stay to get to November, then we will have to eventually shut down Uber until November.”\u003c/p>\n\u003cp>So now, after eight years and the involvement of every branch of California’s state government, Uber and Lyft may finally be forced to give California drivers basic employee protections — or, far more unlikely, suspend operations in the state.\u003c/p>\n\u003cp>And if the courts ultimately find that Uber and Lyft have been misclassifying their drivers, the companies may also be forced to give them billions of dollars in back pay for wages and benefits.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11833598/after-epic-8-year-battle-california-uber-lyft-drivers-may-soon-receive-employee-benefits","authors":["253"],"categories":["news_8","news_248"],"tags":["news_26512","news_26532","news_24822","news_17994","news_19904","news_4524","news_23667","news_25675","news_4523","news_28418","news_20378"],"featImg":"news_11775004","label":"news"},"news_11832880":{"type":"posts","id":"news_11832880","meta":{"index":"posts_1591205157","site":"news","id":"11832880","score":null,"sort":[1597104475000]},"guestAuthors":[],"slug":"uber-and-lyft-must-classify-drivers-as-employees-california-judge-rules","title":"Uber and Lyft Must Classify Drivers as Employees, California Judge Rules","publishDate":1597104475,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>A California judge has ordered Uber and Lyft to reclassify their workers from independent contractors to employees with benefits, a ruling that could be consequential for gig economy workers if it survives the appeals process.\u003c/p>\n\u003cp>Superior Court Judge Ethan Schulman \u003ca href=\"https://assets.documentcloud.org/documents/7032764/Judge-Ethan-Schulman-Order-on-Lyft-and-Uber.pdf\">ruled Monday\u003c/a> that Lyft and Uber's thousands of contract drivers should be given the same protections and benefits under labor law as other full-time employees of the ride-hailing companies.\u003c/p>\n\u003cp>Schulman said Lyft and Uber use \"circular reasoning\" by only treating tech workers, not drivers, as employees.\u003c/p>\n\u003cp>\"Were this reasoning to be accepted, the rapidly expanding majority of industries that rely heavily on technology could with impunity deprive legions of workers of the basic protections afforded to employees by state labor and employment laws,\" Schulman wrote.\u003c/p>\n\u003cp>The judge said Uber and Lyft have refused to comply with \u003ca href=\"https://www.npr.org/2020/01/04/793142903/as-california-tries-to-make-contract-workers-employees-industries-push-back\">a California law\u003c/a> passed last year that was supposed to make it harder for companies in the state to hire workers as contractors, so gig economy workers such as drivers for the ride-hailing companies would receive health insurance, workers' compensation and paid sick and family leave. As independent contractors, Uber and Lyft drivers are not provided these benefits. \u003c/p>\n\u003cp>\"It bears emphasis that these harms are not mere abstractions; they represent real harms to real working people,\" Schulman wrote. \u003c/p>\n\u003cp>California Attorney General Xavier Becerra called the judge's preliminary order a victory for drivers.\u003c/p>\n\u003cp>\"The court has weighed in and agreed: Uber and Lyft need to put a stop to unlawful misclassification of their drivers while our litigation continues,\" Becerra said in a statement. \"Our state and workers shouldn't have to foot the bill when big businesses try to skip out on their responsibilities. We're going to keep working to make sure Uber and Lyft play by the rules.\"\u003c/p>\n\u003cp>The judge's order does not take effect for 10 days. Both Uber and Lyft said they plan to appeal.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The vast majority of drivers want to work independently, and we've already made significant changes to our app to ensure that remains the case under California law,\" Uber spokesman Matt Kallman said. \"When over 3 million Californians are without a job, our elected leaders should be focused on creating work, not trying to shut down an entire industry during an economic depression.\"\u003c/p>\n\u003cp>In a statement, Lyft said: \"Drivers do not want to be employees, full stop. We'll immediately appeal this ruling and continue to fight for their independence. Ultimately, we believe this issue will be decided by California voters and that they will side with drivers.\"\u003c/p>\n\u003cp>After the new state law, \u003ca href=\"https://www.npr.org/2019/09/18/762108954/california-governor-signs-law-protecting-gig-economy-workers\">known as AB 5\u003c/a>, was passed, Becerra and city officials in Los Angeles, San Diego and San Francisco \u003ca href=\"https://www.npr.org/2020/05/05/850969759/california-sues-uber-and-lyft-for-cheating-drivers-and-taxpayers\">sued\u003c/a> Uber and Lyft to force the companies to comply.\u003c/p>\n\u003cp>Monday's order comes ahead of a trial in that case. But Schulman said there was an \"overwhelming likelihood\" that the state of California would win the case.\u003c/p>\n\u003cp>Uber and Lyft have asked the court to delay the order until after November when California voters will be asked whether to keep drivers as independent contractors, but Schulman rejected this request.\u003c/p>\n\u003cp>\"Defendants are not entitled to an indefinite postponement of their day of reckoning,\" the judge wrote.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='uber,lyft']Uber and Lyft, which already have trouble turning a profit, have argued that converting drivers to full-time employees would force the companies to lay off drivers and result in higher prices for passengers.\u003c/p>\n\u003cp>Ride-hailing companies have suffered mightily during the pandemic.\u003c/p>\n\u003cp>In its earnings call with investors this month, Uber said its core business of picking and dropping people off has fallen nearly 75%.\u003c/p>\n\u003cp>Uber is now making more money delivering food than it is from ride-hailing. Still, its revenue remains down 30% from the same period last year.\u003c/p>\n\u003cp>Since the coronavirus outbreak started, Uber has laid off some 6,700 office workers, and Lyft has let go of nearly 1,000 employees.\u003c/p>\n\u003cp>San Francisco City Attorney Dennis Herrera said in a statement Monday that drivers need additional protections, such as qualifying for unemployment benefits, now more than ever as the economic downturn leaves many workers especially vulnerable.\u003c/p>\n\u003cp>\"These companies have pocketed millions of dollars by leaving taxpayers to foot the bill. That's unacceptable,\" Herrera said. \"There is no rule that prevents these drivers from continuing to have all of the flexibility they currently enjoy. Being properly classified as an employee doesn't change that.\" \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2020 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=California+Judge+Orders+Uber+And+Lyft+To+Consider+All+Drivers+Employees+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Uber and Lyft have been fighting California over whether drivers are employees, entitled to benefits, or independent contractors. A state judge orders them to consider all those drivers employees.","status":"publish","parent":0,"modified":1597181765,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":754},"headData":{"title":"Uber and Lyft Must Classify Drivers as Employees, California Judge Rules | KQED","description":"Uber and Lyft have been fighting California over whether drivers are employees, entitled to benefits, or independent contractors. A state judge orders them to consider all those drivers employees.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11832880 https://ww2.kqed.org/news/?p=11832880","disqusUrl":"https://ww2.kqed.org/news/2020/08/10/uber-and-lyft-must-classify-drivers-as-employees-california-judge-rules/","disqusTitle":"Uber and Lyft Must Classify Drivers as Employees, California Judge Rules","source":"NPR","sourceUrl":"https://www.npr.org/","nprImageCredit":"Robyn Beck","nprByline":"Bobby Allyn","nprImageAgency":"AFP via Getty Images","nprStoryId":"901099643","nprApiLink":"http://api.npr.org/query?id=901099643&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2020/08/10/901099643/california-judge-orders-uber-and-lyft-to-consider-all-drivers-employees?ft=nprml&f=901099643","nprRetrievedStory":"1","nprPubDate":"Mon, 10 Aug 2020 19:42:00 -0400","nprStoryDate":"Mon, 10 Aug 2020 17:30:00 -0400","nprLastModifiedDate":"Mon, 10 Aug 2020 19:42:53 -0400","nprAudio":"https://ondemand.npr.org/anon.npr-mp3/npr/atc/2020/08/20200810_atc_lawsuit_over_ride-hailing_drivers.mp3?orgId=1&topicId=1006&d=231&p=2&story=901099643&ft=nprml&f=901099643","nprAudioM3u":"http://api.npr.org/m3u/1901144395-b9067b.m3u?orgId=1&topicId=1006&d=231&p=2&story=901099643&ft=nprml&f=901099643","path":"/news/11832880/uber-and-lyft-must-classify-drivers-as-employees-california-judge-rules","audioUrl":"https://ondemand.npr.org/anon.npr-mp3/npr/atc/2020/08/20200810_atc_lawsuit_over_ride-hailing_drivers.mp3?orgId=1&topicId=1006&d=231&p=2&story=901099643&ft=nprml&f=901099643","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A California judge has ordered Uber and Lyft to reclassify their workers from independent contractors to employees with benefits, a ruling that could be consequential for gig economy workers if it survives the appeals process.\u003c/p>\n\u003cp>Superior Court Judge Ethan Schulman \u003ca href=\"https://assets.documentcloud.org/documents/7032764/Judge-Ethan-Schulman-Order-on-Lyft-and-Uber.pdf\">ruled Monday\u003c/a> that Lyft and Uber's thousands of contract drivers should be given the same protections and benefits under labor law as other full-time employees of the ride-hailing companies.\u003c/p>\n\u003cp>Schulman said Lyft and Uber use \"circular reasoning\" by only treating tech workers, not drivers, as employees.\u003c/p>\n\u003cp>\"Were this reasoning to be accepted, the rapidly expanding majority of industries that rely heavily on technology could with impunity deprive legions of workers of the basic protections afforded to employees by state labor and employment laws,\" Schulman wrote.\u003c/p>\n\u003cp>The judge said Uber and Lyft have refused to comply with \u003ca href=\"https://www.npr.org/2020/01/04/793142903/as-california-tries-to-make-contract-workers-employees-industries-push-back\">a California law\u003c/a> passed last year that was supposed to make it harder for companies in the state to hire workers as contractors, so gig economy workers such as drivers for the ride-hailing companies would receive health insurance, workers' compensation and paid sick and family leave. As independent contractors, Uber and Lyft drivers are not provided these benefits. \u003c/p>\n\u003cp>\"It bears emphasis that these harms are not mere abstractions; they represent real harms to real working people,\" Schulman wrote. \u003c/p>\n\u003cp>California Attorney General Xavier Becerra called the judge's preliminary order a victory for drivers.\u003c/p>\n\u003cp>\"The court has weighed in and agreed: Uber and Lyft need to put a stop to unlawful misclassification of their drivers while our litigation continues,\" Becerra said in a statement. \"Our state and workers shouldn't have to foot the bill when big businesses try to skip out on their responsibilities. We're going to keep working to make sure Uber and Lyft play by the rules.\"\u003c/p>\n\u003cp>The judge's order does not take effect for 10 days. Both Uber and Lyft said they plan to appeal.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The vast majority of drivers want to work independently, and we've already made significant changes to our app to ensure that remains the case under California law,\" Uber spokesman Matt Kallman said. \"When over 3 million Californians are without a job, our elected leaders should be focused on creating work, not trying to shut down an entire industry during an economic depression.\"\u003c/p>\n\u003cp>In a statement, Lyft said: \"Drivers do not want to be employees, full stop. We'll immediately appeal this ruling and continue to fight for their independence. Ultimately, we believe this issue will be decided by California voters and that they will side with drivers.\"\u003c/p>\n\u003cp>After the new state law, \u003ca href=\"https://www.npr.org/2019/09/18/762108954/california-governor-signs-law-protecting-gig-economy-workers\">known as AB 5\u003c/a>, was passed, Becerra and city officials in Los Angeles, San Diego and San Francisco \u003ca href=\"https://www.npr.org/2020/05/05/850969759/california-sues-uber-and-lyft-for-cheating-drivers-and-taxpayers\">sued\u003c/a> Uber and Lyft to force the companies to comply.\u003c/p>\n\u003cp>Monday's order comes ahead of a trial in that case. But Schulman said there was an \"overwhelming likelihood\" that the state of California would win the case.\u003c/p>\n\u003cp>Uber and Lyft have asked the court to delay the order until after November when California voters will be asked whether to keep drivers as independent contractors, but Schulman rejected this request.\u003c/p>\n\u003cp>\"Defendants are not entitled to an indefinite postponement of their day of reckoning,\" the judge wrote.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"uber,lyft"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Uber and Lyft, which already have trouble turning a profit, have argued that converting drivers to full-time employees would force the companies to lay off drivers and result in higher prices for passengers.\u003c/p>\n\u003cp>Ride-hailing companies have suffered mightily during the pandemic.\u003c/p>\n\u003cp>In its earnings call with investors this month, Uber said its core business of picking and dropping people off has fallen nearly 75%.\u003c/p>\n\u003cp>Uber is now making more money delivering food than it is from ride-hailing. Still, its revenue remains down 30% from the same period last year.\u003c/p>\n\u003cp>Since the coronavirus outbreak started, Uber has laid off some 6,700 office workers, and Lyft has let go of nearly 1,000 employees.\u003c/p>\n\u003cp>San Francisco City Attorney Dennis Herrera said in a statement Monday that drivers need additional protections, such as qualifying for unemployment benefits, now more than ever as the economic downturn leaves many workers especially vulnerable.\u003c/p>\n\u003cp>\"These companies have pocketed millions of dollars by leaving taxpayers to foot the bill. That's unacceptable,\" Herrera said. \"There is no rule that prevents these drivers from continuing to have all of the flexibility they currently enjoy. Being properly classified as an employee doesn't change that.\" \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2020 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=California+Judge+Orders+Uber+And+Lyft+To+Consider+All+Drivers+Employees+&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11832880/uber-and-lyft-must-classify-drivers-as-employees-california-judge-rules","authors":["byline_news_11832880"],"categories":["news_6188","news_8","news_248","news_1397"],"tags":["news_26117","news_26512","news_18538","news_24822","news_17994","news_26585","news_19904","news_4524","news_23667","news_4523","news_4569"],"featImg":"news_11832881","label":"source_news_11832880"},"news_11816321":{"type":"posts","id":"news_11816321","meta":{"index":"posts_1591205157","site":"news","id":"11816321","score":null,"sort":[1588724252000]},"guestAuthors":[],"slug":"california-city-attorneys-sue-uber-and-lyft-over-worker-misclassification","title":"California, City Attorneys Sue Uber and Lyft Over Worker Misclassification","publishDate":1588724252,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Since Uber and Lyft launched almost a decade ago, their drivers have lacked most basic worker protections, including a guaranteed minimum wage, overtime pay, workers' compensation and unemployment insurance.\u003c/p>\n\u003cp>That's because, from the onset, the two ride-hailing giants categorized drivers as independent contractors rather than employees, a tactic adopted by subsequent startups like DoorDash, Postmates and Instacart. It's at the heart of the business model that fuels what is now called the “gig economy.”\u003c/p>\n\u003cp>And for years, drivers and other workers in the gig economy have been fighting to be recognized as employees and have pushed to get the backing of lawmakers.\u003c/p>\n\u003cp>On Tuesday, they scored a big victory.\u003c/p>\n\u003cp>California Attorney General Xavier Becerra, joined by city attorneys in San Francisco, Los Angeles, San Diego and other jurisdictions across the state, filed a lawsuit against Uber and Lyft over their use of contractors. The suit aims to force the two companies to recognize their workers as employees under the authority of Assembly Bill 5, \u003ca href=\"https://www.kqed.org/news/11773833/california-legislature-passes-ab-5-but-uber-says-it-might-refuse-to-follow-it\">a state law\u003c/a> that went into effect this year that significantly limits which workers can be classified as contractors.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"California Attorney General Xavier Becerra\"]'Sometimes it takes a pandemic to shake us into realizing what [worker classification] really means and who suffers the consequences of it.'[/pullquote]In announcing the lawsuit, Becerra outlined its three goals: to stop misclassifying workers, assign penalties and seek restitution.\u003c/p>\n\u003cp>The litigation, he said, is based on the premise of “unfair competition” — which asserts that Uber and Lyft have an advantage over other businesses that are following the law and providing their workers with employee protections.\u003c/p>\n\u003cp>If the effort is successful, the two companies could be forced to pay a penalty of as much as $2,500 per driver, which would amount to billions of dollars.\u003c/p>\n\u003cp>“These companies are willing to take these workers’ labor as drivers,” Becerra said at a press conference Tuesday. “But they don’t want to accept the worker protections that should go with that work, as these employees should get.”\u003c/p>\n\u003cp>In a statement sent to KQED, Lyft said, “We are looking forward to working with the Attorney General and mayors across the state to bring all the benefits of California’s innovation economy to as many workers as possible.” Uber said it would contest the suit in court.\u003c/p>\n\u003cp>The lack of protections for Uber and Lyft drivers has come to a head in the current pandemic. Stay-at-home orders have left hundreds of thousands of ride-hail drivers in California with little to no work, forcing them to apply for unemployment benefits. But because of their status as contractors, they have never paid into the state's unemployment fund. And that means \u003ca href=\"https://www.kqed.org/news/11812496/uber-and-lyft-arent-paying-for-drivers-unemployment-you-are-confirms-newsom\" rel=\"noopener\">the state is currently covering the cost\u003c/a>.\u003c/p>\n\u003cp>Becerra said the lawsuit has been in the works for months, but admits that the pandemic sped up the process. Of worker misclassification, he said, “Sometimes it takes a pandemic to shake us into realizing what that really means and who suffers the consequences of it.”\u003c/p>\n\u003cp>The lawsuit is another step in a years-long legal battle over gig worker classification in California, one that has involved the state's Supreme Court, Legislature and now, its executive branch.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But workers have been arguing that they are employees, not contractors, since the inception of Uber and Lyft. For years, the companies have used arbitration clauses in their contracts to resolve any worker claims behind closed doors.\u003c/p>\n\u003cp>But in 2018, the state Supreme Court issued a ruling, known as “Dynamex,” making it harder for companies to classify their workers as contractors. AB 5 codified that ruling.\u003c/p>\n\u003cp>Since the law took effect in January, however, many gig companies have fought in court against the law's application and continued to treat their workers as contractors.\u003c/p>\n\u003cp>Drivers like Al Aloudi, who works for Uber and Lyft in the Bay Area, are fed up with how long it has taken the government to recognize what he says has been hurting workers for nearly a decade. Soon after he began driving for Uber and Lyft in 2013, Aloudi began organizing other drivers.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"ab-5\"]“We know always that Uber and Lyft don’t obey the law,” Aloudi said. “They move so fast. The government is always going slowly.”\u003c/p>\n\u003cp>Aloudi said he is happy that the state is finally taking action on AB 5, albeit five months after it became law. He hopes this lawsuit compels the companies to finally start paying for basic worker protections. But he said he's also concerned it will get snared in the court system and drag on at a time when so many drivers desperately need protections and benefits.\u003c/p>\n\u003cp>“Uber and Lyft have a giant army of attorneys,” Aloudi said. “I worry this could last for months or years. ... Maybe I won't see AB 5 in my lifetime. But I hope my kids at least do.”\u003c/p>\n\u003cp>Becerra and city attorneys said they were more hopeful about a speedy resolution. And although no timeframe has yet been laid out, they are seeking an injunction to immediately halt worker misclassification. \u003ca href=\"https://www.sfcityattorney.org/wp-content/uploads/2020/05/2020-05-05-Complaint-Filed.pdf\">A full copy of the lawsuit is available here.\u003c/a>\u003c/p>\n\u003cp>Although the litigation only targets Uber and Lyft, city attorneys on Tuesday suggested it could impact the entire gig economy.\u003c/p>\n\u003cp>“This lawsuit is going to have a ripple effect that radiates out through the gig economy,” Los Angeles City Attorney Mike Feuer said.\u003c/p>\n\u003cp>“Often the language we use here gets kind of sanitized,” Feuer added. “Misclassification means cheating. We are here to assure that no company gets an unfair advantage, particularly at the expense of the workers they employ and the taxpayers on whom all of us rely.”\u003c/p>\n\u003cp>San Francisco City Attorney Dennis Herrera said he hoped the lawsuit would help curb a disturbing trend in businesses, particularly those in Silicon Valley.\u003c/p>\n\u003cp>“Hopefully we are going to bring an end ... to the mindset that has developed over the last 10 years or so that you don’t have to ask permission, you just need to ask for forgiveness,” Herrera said. “Responsible business leaders know that there’s a way to conduct yourself and a way not to. Folks like us shouldn’t be forced to have to bring repetitive actions to make sure companies are adhering to the law and acting in a responsible way.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"If the lawsuit is sucessful, Uber and Lyft could pay billions of dollars in penalties for not providing their drivers with benefits like overtime, workers' compensation and unemployment.","status":"publish","parent":0,"modified":1588785196,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1105},"headData":{"title":"California, City Attorneys Sue Uber and Lyft Over Worker Misclassification | KQED","description":"If the lawsuit is sucessful, Uber and Lyft could pay billions of dollars in penalties for not providing their drivers with benefits like overtime, workers' compensation and unemployment.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11816321 https://ww2.kqed.org/news/?p=11816321","disqusUrl":"https://ww2.kqed.org/news/2020/05/05/california-city-attorneys-sue-uber-and-lyft-over-worker-misclassification/","disqusTitle":"California, City Attorneys Sue Uber and Lyft Over Worker Misclassification","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/b99ce827-bd56-401f-91ef-abb3010cda57/audio.mp3","path":"/news/11816321/california-city-attorneys-sue-uber-and-lyft-over-worker-misclassification","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Since Uber and Lyft launched almost a decade ago, their drivers have lacked most basic worker protections, including a guaranteed minimum wage, overtime pay, workers' compensation and unemployment insurance.\u003c/p>\n\u003cp>That's because, from the onset, the two ride-hailing giants categorized drivers as independent contractors rather than employees, a tactic adopted by subsequent startups like DoorDash, Postmates and Instacart. It's at the heart of the business model that fuels what is now called the “gig economy.”\u003c/p>\n\u003cp>And for years, drivers and other workers in the gig economy have been fighting to be recognized as employees and have pushed to get the backing of lawmakers.\u003c/p>\n\u003cp>On Tuesday, they scored a big victory.\u003c/p>\n\u003cp>California Attorney General Xavier Becerra, joined by city attorneys in San Francisco, Los Angeles, San Diego and other jurisdictions across the state, filed a lawsuit against Uber and Lyft over their use of contractors. The suit aims to force the two companies to recognize their workers as employees under the authority of Assembly Bill 5, \u003ca href=\"https://www.kqed.org/news/11773833/california-legislature-passes-ab-5-but-uber-says-it-might-refuse-to-follow-it\">a state law\u003c/a> that went into effect this year that significantly limits which workers can be classified as contractors.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Sometimes it takes a pandemic to shake us into realizing what [worker classification] really means and who suffers the consequences of it.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"California Attorney General Xavier Becerra","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In announcing the lawsuit, Becerra outlined its three goals: to stop misclassifying workers, assign penalties and seek restitution.\u003c/p>\n\u003cp>The litigation, he said, is based on the premise of “unfair competition” — which asserts that Uber and Lyft have an advantage over other businesses that are following the law and providing their workers with employee protections.\u003c/p>\n\u003cp>If the effort is successful, the two companies could be forced to pay a penalty of as much as $2,500 per driver, which would amount to billions of dollars.\u003c/p>\n\u003cp>“These companies are willing to take these workers’ labor as drivers,” Becerra said at a press conference Tuesday. “But they don’t want to accept the worker protections that should go with that work, as these employees should get.”\u003c/p>\n\u003cp>In a statement sent to KQED, Lyft said, “We are looking forward to working with the Attorney General and mayors across the state to bring all the benefits of California’s innovation economy to as many workers as possible.” Uber said it would contest the suit in court.\u003c/p>\n\u003cp>The lack of protections for Uber and Lyft drivers has come to a head in the current pandemic. Stay-at-home orders have left hundreds of thousands of ride-hail drivers in California with little to no work, forcing them to apply for unemployment benefits. But because of their status as contractors, they have never paid into the state's unemployment fund. And that means \u003ca href=\"https://www.kqed.org/news/11812496/uber-and-lyft-arent-paying-for-drivers-unemployment-you-are-confirms-newsom\" rel=\"noopener\">the state is currently covering the cost\u003c/a>.\u003c/p>\n\u003cp>Becerra said the lawsuit has been in the works for months, but admits that the pandemic sped up the process. Of worker misclassification, he said, “Sometimes it takes a pandemic to shake us into realizing what that really means and who suffers the consequences of it.”\u003c/p>\n\u003cp>The lawsuit is another step in a years-long legal battle over gig worker classification in California, one that has involved the state's Supreme Court, Legislature and now, its executive branch.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But workers have been arguing that they are employees, not contractors, since the inception of Uber and Lyft. For years, the companies have used arbitration clauses in their contracts to resolve any worker claims behind closed doors.\u003c/p>\n\u003cp>But in 2018, the state Supreme Court issued a ruling, known as “Dynamex,” making it harder for companies to classify their workers as contractors. AB 5 codified that ruling.\u003c/p>\n\u003cp>Since the law took effect in January, however, many gig companies have fought in court against the law's application and continued to treat their workers as contractors.\u003c/p>\n\u003cp>Drivers like Al Aloudi, who works for Uber and Lyft in the Bay Area, are fed up with how long it has taken the government to recognize what he says has been hurting workers for nearly a decade. Soon after he began driving for Uber and Lyft in 2013, Aloudi began organizing other drivers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"ab-5"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“We know always that Uber and Lyft don’t obey the law,” Aloudi said. “They move so fast. The government is always going slowly.”\u003c/p>\n\u003cp>Aloudi said he is happy that the state is finally taking action on AB 5, albeit five months after it became law. He hopes this lawsuit compels the companies to finally start paying for basic worker protections. But he said he's also concerned it will get snared in the court system and drag on at a time when so many drivers desperately need protections and benefits.\u003c/p>\n\u003cp>“Uber and Lyft have a giant army of attorneys,” Aloudi said. “I worry this could last for months or years. ... Maybe I won't see AB 5 in my lifetime. But I hope my kids at least do.”\u003c/p>\n\u003cp>Becerra and city attorneys said they were more hopeful about a speedy resolution. And although no timeframe has yet been laid out, they are seeking an injunction to immediately halt worker misclassification. \u003ca href=\"https://www.sfcityattorney.org/wp-content/uploads/2020/05/2020-05-05-Complaint-Filed.pdf\">A full copy of the lawsuit is available here.\u003c/a>\u003c/p>\n\u003cp>Although the litigation only targets Uber and Lyft, city attorneys on Tuesday suggested it could impact the entire gig economy.\u003c/p>\n\u003cp>“This lawsuit is going to have a ripple effect that radiates out through the gig economy,” Los Angeles City Attorney Mike Feuer said.\u003c/p>\n\u003cp>“Often the language we use here gets kind of sanitized,” Feuer added. “Misclassification means cheating. We are here to assure that no company gets an unfair advantage, particularly at the expense of the workers they employ and the taxpayers on whom all of us rely.”\u003c/p>\n\u003cp>San Francisco City Attorney Dennis Herrera said he hoped the lawsuit would help curb a disturbing trend in businesses, particularly those in Silicon Valley.\u003c/p>\n\u003cp>“Hopefully we are going to bring an end ... to the mindset that has developed over the last 10 years or so that you don’t have to ask permission, you just need to ask for forgiveness,” Herrera said. “Responsible business leaders know that there’s a way to conduct yourself and a way not to. Folks like us shouldn’t be forced to have to bring repetitive actions to make sure companies are adhering to the law and acting in a responsible way.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11816321/california-city-attorneys-sue-uber-and-lyft-over-worker-misclassification","authors":["253"],"categories":["news_1758","news_6188","news_8","news_1397"],"tags":["news_26117","news_26512","news_27350","news_24822","news_17994","news_26746","news_25039","news_19904","news_4524","news_26590","news_353","news_4523"],"featImg":"news_11770515","label":"news"},"news_11777002":{"type":"posts","id":"news_11777002","meta":{"index":"posts_1591205157","site":"news","id":"11777002","score":null,"sort":[1569620216000]},"guestAuthors":[],"slug":"with-new-gig-worker-law-unions-court-california-ride-hail-drivers","title":"With New Gig Worker Law, Unions Court California Ride-Hail Drivers","publishDate":1569620216,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Organized labor has played a part in the fight to \u003ca href=\"https://www.kqed.org/news/11773942/the-gig-is-up-california-lawmakers-pass-protections-for-gig-workers\">pass \u003c/a>AB 5, the new California law that could make it easier for hundreds of thousands of contract workers and freelancers in the state to become full-time employees.\u003c/p>\n\u003cp>And some of those unions see the law as an opportunity to recruit lots of new workers, especially in the ride-hailing industry.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Nicole Moore, a Lyft driver and organizer with Rideshare Drivers United']'We've been fighting for ensuring that we have an organization, our own union, that is for drivers by drivers.'[/pullquote] At a \u003ca href=\"https://www.kqed.org/news/11755553/uber-and-lyft-drivers-denounce-companies-campaign-to-keep-them-contractors\" target=\"_blank\" rel=\"noopener\">June 18\u003c/a> rally for AB 5 in front of Uber’s San Francisco headquarters, the Teamsters union showed up to support drivers with a semitruck driving down Market Street and blaring its horn.\u003c/p>\n\u003cp>The rally was led by Gig Workers Rising, a coalition of drivers based in Northern California that works with Teamsters but says it doesn’t take any money from them.\u003c/p>\n\u003cp>\"We joined these drivers in their actions and lobbying efforts because we support their efforts to win the hard-earned employment rights that our members enjoy, including the right to organize, a minimum wage, worker’s compensation and a grievance procedure,\" Teamsters Joint Council 7 political director Doug Bloch said Tuesday in a statement.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[aside tag='gig-economy' label='More Coverage']When asked, Bloch would not say whether the Teamsters union is interested in unionizing Uber and Lyft drivers.\u003c/p>\n\u003cp>But the Transport Workers Union, which represents public transit and airplane workers, tells KQED it is trying to convince drivers to unionize with them by helping out Rideshare Drivers United, a driver-led coalition based in Los Angeles. The Transport Workers Union has given more than $100,000 to Rideshare Drivers United.\u003c/p>\n\u003cp>\"We have a ton of respect for what Rideshare Drivers United has done,\" said Transport Workers Union International President John Samuelsen. \"They've been organizing for two years. They’ve got a very sophisticated operation. And we certainly would like to see them in a more formal affiliation with the Transport Workers Union.\"\u003c/p>\n\u003cp>Samuelsen said local chapters of the Transport Workers Union have a high level of autonomy, as well as the muscle and resources of a national organization.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='Arturo Aguilar, president of Amalgamated Transit Union Local 1277 in LA']'We're not going to be cutting each other's throats or anything for the members.'[/pullquote]The Amalgamated Transit Union, which represents public transit workers and helped drivers organize in support of AB 5, is also hoping drivers will unionize with them.\u003c/p>\n\u003cp>But if they choose to go to the Teamsters or SEIU (Service Employees International Union), \"we're not going to be cutting each other's throats or anything for the members,\" said Arturo Aguilar, president of the Amalgamated Transit Union Local 1277 in Los Angeles.\u003c/p>\n\u003cp>But many drivers are still undecided about whether they want to organize with a national union or start their own — if and when they become employees.\u003c/p>\n\u003cp>Nicole Moore, a Lyft driver and organizer with Rideshare Drivers United in Los Angeles, said her organization is already a union, even though it doesn’t have collective bargaining power.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We've been fighting for ensuring that we have an organization, our own union, that is for drivers by drivers,\" Moore said. \"And that's what we've been building with Rideshare Drivers United. I think the most important thing is that, whether we're a local or a union, that we're run by ride-share drivers and that we're democratic.\"\u003c/p>\n\n","blocks":[],"excerpt":"Some unions see a new law protecting gig workers as an opportunity to recruit many new workers, especially in the ride-hailing industry.","status":"publish","parent":0,"modified":1569625130,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":607},"headData":{"title":"With New Gig Worker Law, Unions Court California Ride-Hail Drivers | KQED","description":"Some unions see a new law protecting gig workers as an opportunity to recruit many new workers, especially in the ride-hailing industry.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11777002 https://ww2.kqed.org/news/?p=11777002","disqusUrl":"https://ww2.kqed.org/news/2019/09/27/with-new-gig-worker-law-unions-court-california-ride-hail-drivers/","disqusTitle":"With New Gig Worker Law, Unions Court California Ride-Hail Drivers","path":"/news/11777002/with-new-gig-worker-law-unions-court-california-ride-hail-drivers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Organized labor has played a part in the fight to \u003ca href=\"https://www.kqed.org/news/11773942/the-gig-is-up-california-lawmakers-pass-protections-for-gig-workers\">pass \u003c/a>AB 5, the new California law that could make it easier for hundreds of thousands of contract workers and freelancers in the state to become full-time employees.\u003c/p>\n\u003cp>And some of those unions see the law as an opportunity to recruit lots of new workers, especially in the ride-hailing industry.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We've been fighting for ensuring that we have an organization, our own union, that is for drivers by drivers.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Nicole Moore, a Lyft driver and organizer with Rideshare Drivers United","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp> At a \u003ca href=\"https://www.kqed.org/news/11755553/uber-and-lyft-drivers-denounce-companies-campaign-to-keep-them-contractors\" target=\"_blank\" rel=\"noopener\">June 18\u003c/a> rally for AB 5 in front of Uber’s San Francisco headquarters, the Teamsters union showed up to support drivers with a semitruck driving down Market Street and blaring its horn.\u003c/p>\n\u003cp>The rally was led by Gig Workers Rising, a coalition of drivers based in Northern California that works with Teamsters but says it doesn’t take any money from them.\u003c/p>\n\u003cp>\"We joined these drivers in their actions and lobbying efforts because we support their efforts to win the hard-earned employment rights that our members enjoy, including the right to organize, a minimum wage, worker’s compensation and a grievance procedure,\" Teamsters Joint Council 7 political director Doug Bloch said Tuesday in a statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"gig-economy","label":"More Coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>When asked, Bloch would not say whether the Teamsters union is interested in unionizing Uber and Lyft drivers.\u003c/p>\n\u003cp>But the Transport Workers Union, which represents public transit and airplane workers, tells KQED it is trying to convince drivers to unionize with them by helping out Rideshare Drivers United, a driver-led coalition based in Los Angeles. The Transport Workers Union has given more than $100,000 to Rideshare Drivers United.\u003c/p>\n\u003cp>\"We have a ton of respect for what Rideshare Drivers United has done,\" said Transport Workers Union International President John Samuelsen. \"They've been organizing for two years. They’ve got a very sophisticated operation. And we certainly would like to see them in a more formal affiliation with the Transport Workers Union.\"\u003c/p>\n\u003cp>Samuelsen said local chapters of the Transport Workers Union have a high level of autonomy, as well as the muscle and resources of a national organization.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We're not going to be cutting each other's throats or anything for the members.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Arturo Aguilar, president of Amalgamated Transit Union Local 1277 in LA","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The Amalgamated Transit Union, which represents public transit workers and helped drivers organize in support of AB 5, is also hoping drivers will unionize with them.\u003c/p>\n\u003cp>But if they choose to go to the Teamsters or SEIU (Service Employees International Union), \"we're not going to be cutting each other's throats or anything for the members,\" said Arturo Aguilar, president of the Amalgamated Transit Union Local 1277 in Los Angeles.\u003c/p>\n\u003cp>But many drivers are still undecided about whether they want to organize with a national union or start their own — if and when they become employees.\u003c/p>\n\u003cp>Nicole Moore, a Lyft driver and organizer with Rideshare Drivers United in Los Angeles, said her organization is already a union, even though it doesn’t have collective bargaining power.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"We've been fighting for ensuring that we have an organization, our own union, that is for drivers by drivers,\" Moore said. \"And that's what we've been building with Rideshare Drivers United. I think the most important thing is that, whether we're a local or a union, that we're run by ride-share drivers and that we're democratic.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11777002/with-new-gig-worker-law-unions-court-california-ride-hail-drivers","authors":["11216"],"programs":["news_72"],"categories":["news_8","news_13","news_248"],"tags":["news_26117","news_26512","news_4670","news_17994","news_26746","news_4524","news_4523","news_794"],"featImg":"news_11777085","label":"news_72"},"news_11775400":{"type":"posts","id":"news_11775400","meta":{"index":"posts_1591205157","site":"news","id":"11775400","score":null,"sort":[1569243620000]},"guestAuthors":[],"slug":"kqed-poll-most-californians-want-stricter-data-privacy-rules-but-remain-undecided-on-gig-worker-protections","title":"Most Californians Want Stricter Data Privacy, Still Undecided on Gig Worker Protections","publishDate":1569243620,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Most California voters support stricter data privacy rules but are split on how best to deal with employment classification for gig workers, according to the results of a new poll commissioned by KQED.\u003c/p>\n\u003cp>When asked about tech companies potentially selling information collected about them, over half of those surveyed said they wanted to know more about how that information is being used and have greater control over what happens to it. The vast majority of respondents also said they expected their personal information to remain private.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/PNG-California-Privacy1.png\">\u003cimg class=\"alignnone wp-image-11775727 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/PNG-California-Privacy1.png\" alt=\"\" width=\"1283\" height=\"839\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Privacy1.png 1283w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Privacy1-160x105.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Privacy1-800x523.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Privacy1-1020x667.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Privacy1-1200x785.png 1200w\" sizes=\"(max-width: 1283px) 100vw, 1283px\">\u003c/a>\u003c/p>\n\u003cp>But on the issue of whether gig workers, such as drivers for Lyft and Uber, should be treated as employees or independent contractors, respondents were less decisive, with nearly half saying they wanted to know where workers stand before weighing in.\u003c/p>\n\u003cp>The online survey of 5,335 likely California voters was conducted from Sept. 12-15 by Bay Area-based polling firm \u003ca href=\"https://www.changeresearch.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Change Research\u003c/a>, in partnership with KQED's Political Breakdown team. The poll, which has a margin of error of plus or minus 1.7%, also included questions about Democratic presidential primary candidates.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/PNG-California-Gig.png\">\u003cimg class=\"alignnone size-full wp-image-11775730\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/PNG-California-Gig.png\" alt=\"\" width=\"1307\" height=\"979\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig.png 1307w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-160x120.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-800x599.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-1020x764.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-1200x899.png 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-1044x783.png 1044w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-632x474.png 632w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-536x402.png 536w\" sizes=\"(max-width: 1307px) 100vw, 1307px\">\u003c/a>\u003c/p>\n\u003cp>[aside label=\"Related stories\" tag=\"dynamex\"]The poll comes as California prepares to implement two landmark piece of legislation, both set to go into effect in 2020, and both of which have been vehemently opposed by the tech industry.\u003c/p>\n\u003cp>The \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB375\" target=\"_blank\" rel=\"noopener noreferrer\">California Consumer Privacy Act\u003c/a>, the state's sweeping new data privacy law approved in 2018, gives internet users much greater control over the personal information that companies collect about them.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\" target=\"_blank\" rel=\"noopener noreferrer\">AB 5\u003c/a>, meanwhile, which was approved by lawmakers earlier this month and signed into law by Gov. Gavin Newsom, will force many companies — including those in the gig economy — to treat their workers as employees rather than independent contractors, allowing them to receive workplace protections like minimum wage, overtime and workers' compensation.\u003c/p>\n\u003cp>The poll found that 23% of respondents would oppose any proposal that gig companies put on the 2020 ballot — as Uber, Lyft and DoorDash are preparing to do — that would allow them to retain their workers as independent contractors.\u003c/p>\n\u003cp>The survey also sought to gauge Californians' opinions about four major Bay Area-based tech companies: Google, Lyft, Uber and Facebook.\u003c/p>\n\u003cp>Google fared the best, with a net positive rating of +8, while Facebook was, by far, the least favorable of the four, with a net negative rating of -16. Lyft, meanwhile, had a significantly higher rating than its main competitor Uber.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/PNG-California-Favorability.png\">\u003cimg class=\"alignnone size-full wp-image-11775729\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/PNG-California-Favorability.png\" alt=\"\" width=\"1127\" height=\"386\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Favorability.png 1127w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Favorability-160x55.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Favorability-800x274.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Favorability-1020x349.png 1020w\" sizes=\"(max-width: 1127px) 100vw, 1127px\">\u003c/a>\u003c/p>\n\u003cp>\"It's clear that Californians want to hit the reset button on their relationship with Big Tech,\" said Pat Reilly, co-founder of Change Research. \"Californians want public engagement about what's fair for workers and gig companies — the question is whether it's through executive action or the ballot. Either way, it's the beginning of the story and not the end.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Change Research will conduct additional polls monthly through the March 2020 primary, and KQED will publish the results of each one. Read more about the polling process \u003ca href=\"https://www.kqed.org/news/11775213/faq-kqeds-new-poll-on-democratic-presidential-candidates-in-california\">here\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":"A new KQED poll of California voters finds them welcoming the state's new law governing consumer privacy, and wary of an attempt to regulate the gig economy via the ballot box in 2020.","status":"publish","parent":0,"modified":1580428812,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":506},"headData":{"title":"Most Californians Want Stricter Data Privacy, Still Undecided on Gig Worker Protections | KQED","description":"A new KQED poll of California voters finds them welcoming the state's new law governing consumer privacy, and wary of an attempt to regulate the gig economy via the ballot box in 2020.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11775400 https://ww2.kqed.org/news/?p=11775400","disqusUrl":"https://ww2.kqed.org/news/2019/09/23/kqed-poll-most-californians-want-stricter-data-privacy-rules-but-remain-undecided-on-gig-worker-protections/","disqusTitle":"Most Californians Want Stricter Data Privacy, Still Undecided on Gig Worker Protections","audioUrl":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/Myrow-Polls.mp3","audioTrackLength":63,"path":"/news/11775400/kqed-poll-most-californians-want-stricter-data-privacy-rules-but-remain-undecided-on-gig-worker-protections","audioDuration":63000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Most California voters support stricter data privacy rules but are split on how best to deal with employment classification for gig workers, according to the results of a new poll commissioned by KQED.\u003c/p>\n\u003cp>When asked about tech companies potentially selling information collected about them, over half of those surveyed said they wanted to know more about how that information is being used and have greater control over what happens to it. The vast majority of respondents also said they expected their personal information to remain private.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/PNG-California-Privacy1.png\">\u003cimg class=\"alignnone wp-image-11775727 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/PNG-California-Privacy1.png\" alt=\"\" width=\"1283\" height=\"839\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Privacy1.png 1283w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Privacy1-160x105.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Privacy1-800x523.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Privacy1-1020x667.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Privacy1-1200x785.png 1200w\" sizes=\"(max-width: 1283px) 100vw, 1283px\">\u003c/a>\u003c/p>\n\u003cp>But on the issue of whether gig workers, such as drivers for Lyft and Uber, should be treated as employees or independent contractors, respondents were less decisive, with nearly half saying they wanted to know where workers stand before weighing in.\u003c/p>\n\u003cp>The online survey of 5,335 likely California voters was conducted from Sept. 12-15 by Bay Area-based polling firm \u003ca href=\"https://www.changeresearch.com/\" target=\"_blank\" rel=\"noopener noreferrer\">Change Research\u003c/a>, in partnership with KQED's Political Breakdown team. The poll, which has a margin of error of plus or minus 1.7%, also included questions about Democratic presidential primary candidates.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/PNG-California-Gig.png\">\u003cimg class=\"alignnone size-full wp-image-11775730\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/PNG-California-Gig.png\" alt=\"\" width=\"1307\" height=\"979\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig.png 1307w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-160x120.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-800x599.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-1020x764.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-1200x899.png 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-1044x783.png 1044w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-632x474.png 632w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Gig-536x402.png 536w\" sizes=\"(max-width: 1307px) 100vw, 1307px\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related stories ","tag":"dynamex"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The poll comes as California prepares to implement two landmark piece of legislation, both set to go into effect in 2020, and both of which have been vehemently opposed by the tech industry.\u003c/p>\n\u003cp>The \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB375\" target=\"_blank\" rel=\"noopener noreferrer\">California Consumer Privacy Act\u003c/a>, the state's sweeping new data privacy law approved in 2018, gives internet users much greater control over the personal information that companies collect about them.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\" target=\"_blank\" rel=\"noopener noreferrer\">AB 5\u003c/a>, meanwhile, which was approved by lawmakers earlier this month and signed into law by Gov. Gavin Newsom, will force many companies — including those in the gig economy — to treat their workers as employees rather than independent contractors, allowing them to receive workplace protections like minimum wage, overtime and workers' compensation.\u003c/p>\n\u003cp>The poll found that 23% of respondents would oppose any proposal that gig companies put on the 2020 ballot — as Uber, Lyft and DoorDash are preparing to do — that would allow them to retain their workers as independent contractors.\u003c/p>\n\u003cp>The survey also sought to gauge Californians' opinions about four major Bay Area-based tech companies: Google, Lyft, Uber and Facebook.\u003c/p>\n\u003cp>Google fared the best, with a net positive rating of +8, while Facebook was, by far, the least favorable of the four, with a net negative rating of -16. Lyft, meanwhile, had a significantly higher rating than its main competitor Uber.\u003c/p>\n\u003cp>\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/PNG-California-Favorability.png\">\u003cimg class=\"alignnone size-full wp-image-11775729\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/PNG-California-Favorability.png\" alt=\"\" width=\"1127\" height=\"386\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Favorability.png 1127w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Favorability-160x55.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Favorability-800x274.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/09/PNG-California-Favorability-1020x349.png 1020w\" sizes=\"(max-width: 1127px) 100vw, 1127px\">\u003c/a>\u003c/p>\n\u003cp>\"It's clear that Californians want to hit the reset button on their relationship with Big Tech,\" said Pat Reilly, co-founder of Change Research. \"Californians want public engagement about what's fair for workers and gig companies — the question is whether it's through executive action or the ballot. Either way, it's the beginning of the story and not the end.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Change Research will conduct additional polls monthly through the March 2020 primary, and KQED will publish the results of each one. Read more about the polling process \u003ca href=\"https://www.kqed.org/news/11775213/faq-kqeds-new-poll-on-democratic-presidential-candidates-in-california\">here\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11775400/kqed-poll-most-californians-want-stricter-data-privacy-rules-but-remain-undecided-on-gig-worker-protections","authors":["251","1263"],"programs":["news_72"],"categories":["news_1758","news_8","news_13","news_248"],"tags":["news_26512","news_22845","news_22844","news_24822","news_27370","news_19542","news_4524","news_24473","news_1859","news_2011","news_353","news_22705","news_17041","news_4523"],"featImg":"news_11775410","label":"news_72"},"news_11774114":{"type":"posts","id":"news_11774114","meta":{"index":"posts_1591205157","site":"news","id":"11774114","score":null,"sort":[1568417846000]},"guestAuthors":[],"slug":"democratic-debate-gig-workers-bill-berkeley-rep","title":"Democratic Debate, Gig Workers Bill, Berkeley Rep","publishDate":1568417846,"format":"video","headTitle":"KQED Newsroom | KQED News","labelTerm":{"term":7052,"site":"news"},"content":"\u003cp>\u003cb>Democratic Presidential Debate\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400;\">Last night, Democratic candidates vying for the 2020 presidential nomination faced off once again for a nationally televised debate. Only 10 of the candidates this time qualified for a prime-time opportunity to make their case, with front-runner Joe Biden sharing the debate stage for the first time with Elizabeth Warren, who has enjoyed a steady rise in the polls since the first debate held in June. Then, California Sen. Kamala Harris memorably attacked Joe Biden for his decades-old opposition to school busing. But this time it was his fellow former Obama Cabinet member, Julian Castro, who made the most personally direct attacks against 76-year-old Biden, including a suggestion that his memory is suffering because of his age. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003cspan style=\"font-weight: 400;\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">Seema Mehta, political writer, Los Angeles Times\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">Joe Garofoli, senior political writer, San Francisco Chronicle\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>From Gig Workers to Rent Control, Legislative Highlights as Session Ends\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400;\">This week, lawmakers in Sacramento passed AB 5, a bill that is sending shock waves through the tech industry, especially ride-hailing services Uber and Lyft that dominate the so-called gig economy. The bill could affect roughly a million gig workers in the state by reclassifying them as employees rather than independent contractors, and entitling them to benefits such as health insurance and a pension. Uber and Lyft, along with the meal delivery service DoorDash, have vowed to spend $90 million to place a ballot measure before voters next year to fight it. Also this week, lawmakers passed for the first time a statewide rent control bill to help millions of tenants, as California grapples with a housing crisis and a surge in homelessness. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003cspan style=\"font-weight: 400;\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">Marisa Lagos, KQED politics and government correspondent\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cspan style=\"font-weight: 400;\"> \u003c/span>\u003cb>Berkeley Rep’s New Season and New Artistic Director\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400;\">On Thursday night, the Berkeley Repertory Theatre will kick off its 51st season with the American premiere of “The Great Wave,” a story of separation and struggle between two sisters that plays out across North Korea and Japan.This season’s lineup of shows will also be helmed by a new artistic director, Johanna Pfaelzer, a New York theater veteran who helped bring to the stage Tony Award-winning productions such as “Hamilton” and “American Idiot.” \u003c/span>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003cspan style=\"font-weight: 400;\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">Johanna Pfaelzer, artistic director, Berkeley Repertory Theatre\u003c/span>\u003c/li>\n\u003c/ul>\n\n","blocks":[],"excerpt":"2020 presidential candidate Julián Castro is facing criticism for his attack on former Vice President Joe Biden over his health care policy during Thursday's Democratic debate.","status":"publish","parent":0,"modified":1568836866,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":396},"headData":{"title":"Democratic Debate, Gig Workers Bill, Berkeley Rep | KQED","description":"2020 presidential candidate Julián Castro is facing criticism for his attack on former Vice President Joe Biden over his health care policy during Thursday's Democratic debate.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11774114 https://ww2.kqed.org/news/?p=11774114","disqusUrl":"https://ww2.kqed.org/news/2019/09/13/democratic-debate-gig-workers-bill-berkeley-rep/","disqusTitle":"Democratic Debate, Gig Workers Bill, Berkeley Rep","videoEmbed":"https://youtu.be/_3aonnzCfmU","path":"/news/11774114/democratic-debate-gig-workers-bill-berkeley-rep","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>Democratic Presidential Debate\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400;\">Last night, Democratic candidates vying for the 2020 presidential nomination faced off once again for a nationally televised debate. Only 10 of the candidates this time qualified for a prime-time opportunity to make their case, with front-runner Joe Biden sharing the debate stage for the first time with Elizabeth Warren, who has enjoyed a steady rise in the polls since the first debate held in June. Then, California Sen. Kamala Harris memorably attacked Joe Biden for his decades-old opposition to school busing. But this time it was his fellow former Obama Cabinet member, Julian Castro, who made the most personally direct attacks against 76-year-old Biden, including a suggestion that his memory is suffering because of his age. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guests:\u003c/b>\u003cspan style=\"font-weight: 400;\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">Seema Mehta, political writer, Los Angeles Times\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">Joe Garofoli, senior political writer, San Francisco Chronicle\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cb>From Gig Workers to Rent Control, Legislative Highlights as Session Ends\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400;\">This week, lawmakers in Sacramento passed AB 5, a bill that is sending shock waves through the tech industry, especially ride-hailing services Uber and Lyft that dominate the so-called gig economy. The bill could affect roughly a million gig workers in the state by reclassifying them as employees rather than independent contractors, and entitling them to benefits such as health insurance and a pension. Uber and Lyft, along with the meal delivery service DoorDash, have vowed to spend $90 million to place a ballot measure before voters next year to fight it. Also this week, lawmakers passed for the first time a statewide rent control bill to help millions of tenants, as California grapples with a housing crisis and a surge in homelessness. \u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003cspan style=\"font-weight: 400;\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">Marisa Lagos, KQED politics and government correspondent\u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp>\u003cspan style=\"font-weight: 400;\"> \u003c/span>\u003cb>Berkeley Rep’s New Season and New Artistic Director\u003cbr>\n\u003c/b>\u003cspan style=\"font-weight: 400;\">On Thursday night, the Berkeley Repertory Theatre will kick off its 51st season with the American premiere of “The Great Wave,” a story of separation and struggle between two sisters that plays out across North Korea and Japan.This season’s lineup of shows will also be helmed by a new artistic director, Johanna Pfaelzer, a New York theater veteran who helped bring to the stage Tony Award-winning productions such as “Hamilton” and “American Idiot.” \u003c/span>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cb>Guest:\u003c/b>\u003cspan style=\"font-weight: 400;\"> \u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400;\">\u003cspan style=\"font-weight: 400;\">Johanna Pfaelzer, artistic director, Berkeley Repertory Theatre\u003c/span>\u003c/li>\n\u003c/ul>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11774114/democratic-debate-gig-workers-bill-berkeley-rep","authors":["236"],"programs":["news_7052"],"categories":["news_223","news_1758","news_6266","news_1169","news_6188","news_8","news_13"],"tags":["news_26512","news_712","news_26648","news_717","news_3682","news_25830","news_20297","news_19177","news_20562","news_26089","news_4523"],"featImg":"news_11774131","label":"news_7052"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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