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"content": "\u003cp>\u003cem>This post has been updated.\u003c/em>\u003c/p>\n\u003cp>A landmark bill, which would offer new wage and benefit protections to workers in California's gig economy and a host of other industries, is headed to the governor's desk.\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\">Assembly Bill 5 \u003c/a>sailed through the state Assembly on Wednesday by a vote of 56-15, just over 12 hours after its late-night approval in the Senate, a major victory for labor advocates and a stinging defeat for the tech companies that staunchly opposed it.\u003c/p>\n\u003cp>Democratic Gov. Gavin Newsom, who was initially on the fence, endorsed the bill earlier this month and has committed to signing it.\u003c/p>\n\u003cp>AB 5 could impact upward of a million workers in a \u003ca href=\"https://calmatters.org/economy/2019/09/whos-in-whos-out-of-ab-5/\" target=\"_blank\" rel=\"noopener\">wide swath of industries\u003c/a> beyond just the gig economy, from general contractors to truck drivers to \u003ca href=\"https://www.kqed.org/news/11737567/strippers-clash-over-employment-status-in-dueling-l-a-protests\" target=\"_blank\" rel=\"noopener\">strippers\u003c/a>.\u003c/p>\n\u003cp>Under a \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\" target=\"_blank\" rel=\"noopener\">2018 state Supreme Court decision\u003c/a>, workers who perform core functions of a business must be classified as employees and not contractors. The decision established a simple three-part criteria, known as \u003ca href=\"https://www.kqed.org/news/11769741/is-the-gig-up-what-dynamex-means-for-the-future-of-contracting-in-california\" target=\"_blank\" rel=\"noopener\">the ABC test\u003c/a>, to determine a worker's employment status.\u003c/p>\n\u003cp>AB 5, which would go into effect Jan. 1, codifies that decision. Labor advocates say that even though the Dynamex decision is already law, many companies have been flouting it. The measure would ensure that workers would not have to file suit on a case-by-case basis to seek enforcement.\u003c/p>\n\u003cp>\"There’s a whole bunch of things that they’re currently being cheated out of, frankly,\" said Steve Smith with the California Labor Federation. \"With respect to Uber and Lyft, it’s the exploitation they subject their workers to on a daily basis. Many of these workers are not receiving minimum wage. They are misclassified as contractors when they actually should be considered employees, meaning there’s a whole host of benefits they’re not getting that they should get like everyone else.\"\u003c/p>\n\u003cp>In steering more workers to employee status, the bill would force companies to offer basic worker protections that contractors don't currently receive, such as guaranteed minimum wage, overtime pay, contributions to Social Security and Medicare, and unemployment and disability insurance. Those workers would also be eligible for workers’ compensation and sick and family leave and would be protected from discrimination at work, none of which are currently afforded to contractors.\u003c/p>\n\u003cp>\"It’s a really important bill. States all over the country are watching to see what happens,\" said Veena Dubal, a UC Hastings employment law professor, who spent several years representing San Francisco taxi drivers. \"It’s pretty clear that most workers in the gig economy need labor and employment law protections under California law. ... It's vital that we have legal analysis that is clear both to businesses and workers so there's less ambiguity.\"\u003c/p>\n\u003cp>State Sen. María Elena Durazo, D-Los Angeles, said that for too long companies like Uber and Lyft have skirted labor laws and taken advantage of workers.\u003c/p>\n\u003cp>[aside postID=\"news_11769741,news_11772787,news_11772467\" label=\"Regulating the Gig Economy\"]\u003c/p>\n\u003cp>“These so-called gig companies present themselves as the innovative future of tomorrow,\" she said. \"A future where companies don’t pay Social Security or Medicare, workers' compensation or unemployment insurance.”\u003c/p>\n\u003cp>Business advocates and other opponents of the measure warn that it will dramatically increase labor costs in California and push companies to move elsewhere, with dire consequences for the state’s economy. Many critics, including some workers whose employment status would change, also say it would take away the desired flexibility that being classified as an independent contractor offers.\u003c/p>\n\u003cp>\"We have a completely different economy,\" said Jennifer Barrera, executive vice president of the California Chamber of Commerce. \"We have a huge group of individuals who really value their flexibility and control over their own schedule, and I don’t think it has to be one or the other.\"\u003c/p>\n\u003cp>It's a sentiment echoed by state Sen. Shannon Grove, R-Bakersfield, who said many people prefer the freedom that contract work gives them. She also criticized the measure for penalizing some industries but leaving others out.\u003c/p>\n\u003cp>\"This Legislature should not be in the business of picking favorites, which is exactly what this legislation does,\" she said on Tuesday night, following the rejection of 12 sets of Republican-sponsored amendments that would have added carve-outs for additional professions.\u003c/p>\n\u003cp>Newspaper delivery drivers, many of whom are currently classified as independent contractors, would also be impacted by the legislation, although as part of a last-minute Senate compromise Tuesday evening, implementation for them will be delayed for a year.\u003c/p>\n\u003cp>Tech companies in particular have been left out of the exemptions, despite heavy lobbying efforts late in the session to gain a carve-out. Uber, Lyft and DoorDash have subsequently begun to fund a potential initiative for the 2020 ballot that would create a third classification for their workers.\u003c/p>\n\u003cp>In a news conference on Wednesday, Tony West, Uber's chief legal officer, said the company doesn't consider drivers, who are independent contractors, to be a core part of its business model, and would continue pushing for a better compromise. The company serves \"as a technology platform for several different types of digital marketplaces,\" he said, adding that it is \"no stranger to legal battles.\"\u003c/p>\n\u003cp>\"Today, drivers have control over when, where and how they work. They can choose to work for any of our competitors at the same time, and many do,\" West said. \"This would all change dramatically if they were employees. We will continue to defend the innovation that makes that kind of choice, flexibility, and independence a reality for over 200,000 drivers in California.\"\u003c/p>\n\u003cp>The state estimates it loses at least \u003ca href=\"https://doc-0o-2c-apps-viewer.googleusercontent.com/viewer/secure/pdf/5kl0815j43d7pmccu5rm1nkdu5n97vtk/k78ohtjvmpriqu94toehk5vasugk1or8/1561398375000/gmail/12954669112312320069/ACFrOgCqTnPx2m9ygcyL_K7HjnqRWqbcoV4Y7z8aWyyKuEzX_tSdhj74hCCpDeNj8FN7h9FivoRreI\" target=\"_blank\" rel=\"noopener\">$7 billion\u003c/a> a year in payroll tax revenue due to worker misclassification — money that could be supporting schools, roads and other public services. And by avoiding unemployment insurance taxes and workers’ compensation premiums, businesses shift the burden to the state when workers get laid off, sick or injured on the job.\u003c/p>\n\u003cp>\"These billion-dollar companies can complain, but we have to ask ourselves as taxpayers: Should we subsidize their business by subsidizing their workers?\" said Democratic Assemblywoman Lorena Gonzalez, a former labor organizer from San Diego who introduced the bill.\u003c/p>\n\u003cp>Gonzalez dismisses the idea, often touted by opponents, that Uber and Lyft will flee California if forced to reclassify their workers as employees. More likely, she predicts, these companies will make the changes required by law because there’s a massive market for transporting individuals and goods in California, the fifth-largest economy in the world.\u003c/p>\n\u003cp>And if they can’t swing it, she added, then someone else will.\u003c/p>\n\u003cp>\u003cem>Additional reporting contributed by CalMatters' Judy Lin and KQED's Matthew Green. \u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>This post has been updated.\u003c/em>\u003c/p>\n\u003cp>A landmark bill, which would offer new wage and benefit protections to workers in California's gig economy and a host of other industries, is headed to the governor's desk.\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\">Assembly Bill 5 \u003c/a>sailed through the state Assembly on Wednesday by a vote of 56-15, just over 12 hours after its late-night approval in the Senate, a major victory for labor advocates and a stinging defeat for the tech companies that staunchly opposed it.\u003c/p>\n\u003cp>Democratic Gov. Gavin Newsom, who was initially on the fence, endorsed the bill earlier this month and has committed to signing it.\u003c/p>\n\u003cp>AB 5 could impact upward of a million workers in a \u003ca href=\"https://calmatters.org/economy/2019/09/whos-in-whos-out-of-ab-5/\" target=\"_blank\" rel=\"noopener\">wide swath of industries\u003c/a> beyond just the gig economy, from general contractors to truck drivers to \u003ca href=\"https://www.kqed.org/news/11737567/strippers-clash-over-employment-status-in-dueling-l-a-protests\" target=\"_blank\" rel=\"noopener\">strippers\u003c/a>.\u003c/p>\n\u003cp>Under a \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\" target=\"_blank\" rel=\"noopener\">2018 state Supreme Court decision\u003c/a>, workers who perform core functions of a business must be classified as employees and not contractors. The decision established a simple three-part criteria, known as \u003ca href=\"https://www.kqed.org/news/11769741/is-the-gig-up-what-dynamex-means-for-the-future-of-contracting-in-california\" target=\"_blank\" rel=\"noopener\">the ABC test\u003c/a>, to determine a worker's employment status.\u003c/p>\n\u003cp>AB 5, which would go into effect Jan. 1, codifies that decision. Labor advocates say that even though the Dynamex decision is already law, many companies have been flouting it. The measure would ensure that workers would not have to file suit on a case-by-case basis to seek enforcement.\u003c/p>\n\u003cp>\"There’s a whole bunch of things that they’re currently being cheated out of, frankly,\" said Steve Smith with the California Labor Federation. \"With respect to Uber and Lyft, it’s the exploitation they subject their workers to on a daily basis. Many of these workers are not receiving minimum wage. They are misclassified as contractors when they actually should be considered employees, meaning there’s a whole host of benefits they’re not getting that they should get like everyone else.\"\u003c/p>\n\u003cp>In steering more workers to employee status, the bill would force companies to offer basic worker protections that contractors don't currently receive, such as guaranteed minimum wage, overtime pay, contributions to Social Security and Medicare, and unemployment and disability insurance. Those workers would also be eligible for workers’ compensation and sick and family leave and would be protected from discrimination at work, none of which are currently afforded to contractors.\u003c/p>\n\u003cp>\"It’s a really important bill. States all over the country are watching to see what happens,\" said Veena Dubal, a UC Hastings employment law professor, who spent several years representing San Francisco taxi drivers. \"It’s pretty clear that most workers in the gig economy need labor and employment law protections under California law. ... It's vital that we have legal analysis that is clear both to businesses and workers so there's less ambiguity.\"\u003c/p>\n\u003cp>State Sen. María Elena Durazo, D-Los Angeles, said that for too long companies like Uber and Lyft have skirted labor laws and taken advantage of workers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“These so-called gig companies present themselves as the innovative future of tomorrow,\" she said. \"A future where companies don’t pay Social Security or Medicare, workers' compensation or unemployment insurance.”\u003c/p>\n\u003cp>Business advocates and other opponents of the measure warn that it will dramatically increase labor costs in California and push companies to move elsewhere, with dire consequences for the state’s economy. Many critics, including some workers whose employment status would change, also say it would take away the desired flexibility that being classified as an independent contractor offers.\u003c/p>\n\u003cp>\"We have a completely different economy,\" said Jennifer Barrera, executive vice president of the California Chamber of Commerce. \"We have a huge group of individuals who really value their flexibility and control over their own schedule, and I don’t think it has to be one or the other.\"\u003c/p>\n\u003cp>It's a sentiment echoed by state Sen. Shannon Grove, R-Bakersfield, who said many people prefer the freedom that contract work gives them. She also criticized the measure for penalizing some industries but leaving others out.\u003c/p>\n\u003cp>\"This Legislature should not be in the business of picking favorites, which is exactly what this legislation does,\" she said on Tuesday night, following the rejection of 12 sets of Republican-sponsored amendments that would have added carve-outs for additional professions.\u003c/p>\n\u003cp>Newspaper delivery drivers, many of whom are currently classified as independent contractors, would also be impacted by the legislation, although as part of a last-minute Senate compromise Tuesday evening, implementation for them will be delayed for a year.\u003c/p>\n\u003cp>Tech companies in particular have been left out of the exemptions, despite heavy lobbying efforts late in the session to gain a carve-out. Uber, Lyft and DoorDash have subsequently begun to fund a potential initiative for the 2020 ballot that would create a third classification for their workers.\u003c/p>\n\u003cp>In a news conference on Wednesday, Tony West, Uber's chief legal officer, said the company doesn't consider drivers, who are independent contractors, to be a core part of its business model, and would continue pushing for a better compromise. The company serves \"as a technology platform for several different types of digital marketplaces,\" he said, adding that it is \"no stranger to legal battles.\"\u003c/p>\n\u003cp>\"Today, drivers have control over when, where and how they work. They can choose to work for any of our competitors at the same time, and many do,\" West said. \"This would all change dramatically if they were employees. We will continue to defend the innovation that makes that kind of choice, flexibility, and independence a reality for over 200,000 drivers in California.\"\u003c/p>\n\u003cp>The state estimates it loses at least \u003ca href=\"https://doc-0o-2c-apps-viewer.googleusercontent.com/viewer/secure/pdf/5kl0815j43d7pmccu5rm1nkdu5n97vtk/k78ohtjvmpriqu94toehk5vasugk1or8/1561398375000/gmail/12954669112312320069/ACFrOgCqTnPx2m9ygcyL_K7HjnqRWqbcoV4Y7z8aWyyKuEzX_tSdhj74hCCpDeNj8FN7h9FivoRreI\" target=\"_blank\" rel=\"noopener\">$7 billion\u003c/a> a year in payroll tax revenue due to worker misclassification — money that could be supporting schools, roads and other public services. And by avoiding unemployment insurance taxes and workers’ compensation premiums, businesses shift the burden to the state when workers get laid off, sick or injured on the job.\u003c/p>\n\u003cp>\"These billion-dollar companies can complain, but we have to ask ourselves as taxpayers: Should we subsidize their business by subsidizing their workers?\" said Democratic Assemblywoman Lorena Gonzalez, a former labor organizer from San Diego who introduced the bill.\u003c/p>\n\u003cp>Gonzalez dismisses the idea, often touted by opponents, that Uber and Lyft will flee California if forced to reclassify their workers as employees. More likely, she predicts, these companies will make the changes required by law because there’s a massive market for transporting individuals and goods in California, the fifth-largest economy in the world.\u003c/p>\n\u003cp>And if they can’t swing it, she added, then someone else will.\u003c/p>\n\u003cp>\u003cem>Additional reporting contributed by CalMatters' Judy Lin and KQED's Matthew Green. \u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"headTitle": "The California Dream | The California Report | KQED News",
"content": "\u003cp>Older workers have been tapping into the gig economy in California. Some aren’t ready to retire. Others may face age discrimination when looking for other jobs.\u003c/p>\n\u003cp>Gig platforms can be fairly easy for many older workers to join. But research shows that on certain apps, they’re earning less than younger workers.\u003c/p>\n\u003cp>“There could be a very substantial pay cut per hour, when moving from a career job to something like the gig economy,” said Rebecca Diamond, a Stanford University economist who has done research on platforms like Uber.\u003c/p>\n\u003cp>[aside postID=\"news_11772787,news_11771412,news_11770427\" label=\"Regulating the Gig Economy\"]\u003c/p>\n\u003cp>Big changes could be ahead for gig workers in California. This week, state lawmakers are preparing to vote on \u003ca href=\"https://legiscan.com/CA/bill/AB5/2019\" target=\"_blank\" rel=\"noopener\">Assembly Bill 5,\u003c/a> a bill that would reclassify many independent contractors as employees, with the aim of providing greater protections to workers who currently don’t receive the benefits of more traditional employment.\u003c/p>\n\u003cp>Despite the lack of benefits, plugging into the gig economy has been an attractive option for some older job seekers, because the barriers to entry on many apps have been low.\u003c/p>\n\u003cp>Keith Cooney, who turns 65 in October, is an Uber driver in South Lake Tahoe. He usually leaves the windows down when he drives, letting his passengers enjoy the crisp mountain breeze and the scent of pine trees.\u003c/p>\n\u003cp>\"They love the fresh air,” Cooney said. “I say, 'Is that too much wind on you?' 'No, we love it.' So I say, 'OK!' \"\u003c/p>\n\u003cp>Driving for Uber gives Cooney a chance to meet riders from all over the country. He said a typical ride lasts about 10 to 15 minutes, long enough to strike up a conversation about where people are from.\u003c/p>\n\u003cp>\"I tell them I've been here about 20 years, I'm originally from New Orleans,” he said, his accent starting to come through. “They want to talk about the restaurants, the music, the food. So we carry on a conversation.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Cooney may be reaching an age when workers in previous eras would consider retirement. But he said he has no plans to stop driving anytime soon.\u003c/p>\n\u003cp>He previously worked as a concierge at a local timeshare, but he said his boss was pushy. So in 2016, he switched to Uber. It was easy to sign up, and he liked the idea of not having a boss at all.\u003c/p>\n\u003cp>\"I set my own hours,” Cooney said. “I work when I want to work. And so far it's been working for me. I've been able to pay my bills.\"\u003c/p>\n\u003cp>But Cooney said Uber drivers in South Lake Tahoe have to deal with one major challenge: Demand is highly seasonal. Tourists swarm this resort town in the summer, and they come to hit the slopes in the winter.\u003c/p>\n\u003cp>During the offseasons, Cooney will have long dry spells when he hardly gets any riders. This past May, \"I was lucky to make $20 or $30 a day,” he said.\u003c/p>\n\u003cp>He has just entered another down spell. “After Labor Day, it will start slowing down and it will be slow until Thanksgiving,” Cooney said.\u003c/p>\n\u003cfigure id=\"attachment_11773131\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11773131\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/Tahoe-Uber-Car-e1568052171231.jpg\" alt=\"\" width=\"1920\" height=\"1440\">\u003cfigcaption class=\"wp-caption-text\">Uber drivers in South Lake Tahoe see demand spike during tourist seasons, and plummet at other times of year. \u003ccite>(David Wagner/KPCC)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Still, Cooney thinks the flexibility of driving for Uber makes it a pretty good job for older people. This part of California has a high percentage of seniors. El Dorado County’s median age of nearly 46 is the fourth highest in the state.\u003c/p>\n\u003cp>The gig economy can be a fallback for those struggling to find other employment, but gig jobs are not always lucrative for older workers.\u003c/p>\n\u003cp>Diamond, the Stanford economist, co-authored \u003ca href=\"https://web.stanford.edu/~diamondr/OldUberPP.pdf\" target=\"_blank\" rel=\"noopener\">a recent study\u003c/a> that broke down earnings for Uber drivers by age. The researchers found that 60-year-old drivers earn nearly 10% less per hour than 30-year-old drivers on average.\u003c/p>\n\u003cp>That’s not because Uber pays younger and older drivers differently.\u003c/p>\n\u003cp>“Obviously, the Uber formula for pay is the same for all workers,” Diamond said.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Rebecca Diamond, a Stanford University economist\"]'It could have a lot of beneficial job characteristics. But the pay may be very different than what the workers had been experiencing in their longer-term jobs.'[/pullquote]\u003c/p>\n\u003cp>A large part of that gap can be explained by where older drivers live.\u003c/p>\n\u003cp>“Older workers live in the suburbs more than younger workers do,” Diamond said. “If the suburbs pay less, they're going to sort of have to just accept that.”\u003c/p>\n\u003cp>Suburbs and rural areas typically do pay less, because there’s less demand from riders. Younger drivers are more concentrated in cities, where demand is higher.\u003c/p>\n\u003cp>Timing is important too. Older drivers tend to avoid working late at night, when demand can peak with people hailing rides home from bars.\u003c/p>\n\u003cp>Diamond said these pay disparities make sense, based on where and when older drivers tend to work. But the gap is still notable, because it’s the exact opposite of what happens in more traditional jobs, where there’s a norm that older employees earn more than younger workers.\u003c/p>\n\u003cp>Older drivers get no such premium on Uber.\u003c/p>\n\u003cp>\"It could have a lot of beneficial job characteristics,” Diamond said. “But the pay may be very different than what the workers had been experiencing in their longer-term jobs.”\u003c/p>\n\u003cp>Khymberleigh Levin, 58, said she was surprised to hear that younger drivers out-earn older ones on Uber.\u003c/p>\n\u003cp>\"I think I drive just as much as a young driver does,\" said Levin.\u003c/p>\n\u003cp>She drives part time in South Lake Tahoe, but said she focuses on times with high demand, often driving until 2 a.m. on the weekends. She doesn't feel like she's putting in less effort than younger drivers.\u003c/p>\n\u003cp>Levin said it would be impractical to chase higher demand by driving all the way to a larger city, such as Sacramento or San Francisco.\u003c/p>\n\u003cp>[aside postID=\"news_11719321,news_11660885,news_11508374\" label=\"Challenges for drivers\"]\u003c/p>\n\u003cp>\"Would it really pay?\" Levin asked. \"You're paying for your gas there, wear and tear on your car, and a hotel there because you can't drive back. So I haven't really thought of it. Also, to be honest, I feel a lot safer here than I would in a big city.\"\u003c/p>\n\u003cp>Uber declined to comment for this story. But in the past, the company has pitched itself to older workers as a great way to make extra money, stay socially engaged and control your own schedule.\u003c/p>\n\u003cp>It once \u003ca href=\"https://press.aarp.org/2015-07-30-Life-Reimagined-Announces-Collaboration-with-Uber-to-Offer-New-Income-Opportunities-to-Members\" target=\"_blank\" rel=\"noopener\">directly recruited older drivers\u003c/a>, offering a $35 incentive to new drivers who signed up through an AARP subsidiary.\u003c/p>\n\u003cp>Keith Cooney said he understands why older drivers like him can end up earning less.\u003c/p>\n\u003cp>“I know that if I were to work from midnight to 3 in the morning, that's when people really make a lot of money,” Cooney said.\u003c/p>\n\u003cp>He used to work that late when he first started driving. But now, he’s just not willing to put up with drunken passengers in the middle of the night.\u003c/p>\n\u003cp>“I've never had anybody throw up in my car,” he said. “They've come close, but they never have.”\u003c/p>\n\u003cp>Cooney said in a bigger city, he’d be able to get rides year-round. And he might earn more. But he’s not about to move out of South Lake Tahoe in order to find out.\u003c/p>\n\u003cp>\u003cem>The California Dream series is a statewide media collaboration of CalMatters, KPBS, KPCC, KQED and Capital Public Radio with support from the Corporation for Public Broadcasting and the James Irvine Foundation.\u003c/em>\u003c/p>\n\u003cp>\u003cimg class=\"alignnone size-full wp-image-11768052\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/CADreamBanner-1-800x219.jpg\" alt=\"\" width=\"800\" height=\"219\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/CADreamBanner-1-800x219.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/CADreamBanner-1-800x219-160x44.jpg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Older workers have been tapping into the gig economy in California. Some aren’t ready to retire. Others may face age discrimination when looking for other jobs.\u003c/p>\n\u003cp>Gig platforms can be fairly easy for many older workers to join. But research shows that on certain apps, they’re earning less than younger workers.\u003c/p>\n\u003cp>“There could be a very substantial pay cut per hour, when moving from a career job to something like the gig economy,” said Rebecca Diamond, a Stanford University economist who has done research on platforms like Uber.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Big changes could be ahead for gig workers in California. This week, state lawmakers are preparing to vote on \u003ca href=\"https://legiscan.com/CA/bill/AB5/2019\" target=\"_blank\" rel=\"noopener\">Assembly Bill 5,\u003c/a> a bill that would reclassify many independent contractors as employees, with the aim of providing greater protections to workers who currently don’t receive the benefits of more traditional employment.\u003c/p>\n\u003cp>Despite the lack of benefits, plugging into the gig economy has been an attractive option for some older job seekers, because the barriers to entry on many apps have been low.\u003c/p>\n\u003cp>Keith Cooney, who turns 65 in October, is an Uber driver in South Lake Tahoe. He usually leaves the windows down when he drives, letting his passengers enjoy the crisp mountain breeze and the scent of pine trees.\u003c/p>\n\u003cp>\"They love the fresh air,” Cooney said. “I say, 'Is that too much wind on you?' 'No, we love it.' So I say, 'OK!' \"\u003c/p>\n\u003cp>Driving for Uber gives Cooney a chance to meet riders from all over the country. He said a typical ride lasts about 10 to 15 minutes, long enough to strike up a conversation about where people are from.\u003c/p>\n\u003cp>\"I tell them I've been here about 20 years, I'm originally from New Orleans,” he said, his accent starting to come through. “They want to talk about the restaurants, the music, the food. So we carry on a conversation.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Cooney may be reaching an age when workers in previous eras would consider retirement. But he said he has no plans to stop driving anytime soon.\u003c/p>\n\u003cp>He previously worked as a concierge at a local timeshare, but he said his boss was pushy. So in 2016, he switched to Uber. It was easy to sign up, and he liked the idea of not having a boss at all.\u003c/p>\n\u003cp>\"I set my own hours,” Cooney said. “I work when I want to work. And so far it's been working for me. I've been able to pay my bills.\"\u003c/p>\n\u003cp>But Cooney said Uber drivers in South Lake Tahoe have to deal with one major challenge: Demand is highly seasonal. Tourists swarm this resort town in the summer, and they come to hit the slopes in the winter.\u003c/p>\n\u003cp>During the offseasons, Cooney will have long dry spells when he hardly gets any riders. This past May, \"I was lucky to make $20 or $30 a day,” he said.\u003c/p>\n\u003cp>He has just entered another down spell. “After Labor Day, it will start slowing down and it will be slow until Thanksgiving,” Cooney said.\u003c/p>\n\u003cfigure id=\"attachment_11773131\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11773131\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/Tahoe-Uber-Car-e1568052171231.jpg\" alt=\"\" width=\"1920\" height=\"1440\">\u003cfigcaption class=\"wp-caption-text\">Uber drivers in South Lake Tahoe see demand spike during tourist seasons, and plummet at other times of year. \u003ccite>(David Wagner/KPCC)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Still, Cooney thinks the flexibility of driving for Uber makes it a pretty good job for older people. This part of California has a high percentage of seniors. El Dorado County’s median age of nearly 46 is the fourth highest in the state.\u003c/p>\n\u003cp>The gig economy can be a fallback for those struggling to find other employment, but gig jobs are not always lucrative for older workers.\u003c/p>\n\u003cp>Diamond, the Stanford economist, co-authored \u003ca href=\"https://web.stanford.edu/~diamondr/OldUberPP.pdf\" target=\"_blank\" rel=\"noopener\">a recent study\u003c/a> that broke down earnings for Uber drivers by age. The researchers found that 60-year-old drivers earn nearly 10% less per hour than 30-year-old drivers on average.\u003c/p>\n\u003cp>That’s not because Uber pays younger and older drivers differently.\u003c/p>\n\u003cp>“Obviously, the Uber formula for pay is the same for all workers,” Diamond said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A large part of that gap can be explained by where older drivers live.\u003c/p>\n\u003cp>“Older workers live in the suburbs more than younger workers do,” Diamond said. “If the suburbs pay less, they're going to sort of have to just accept that.”\u003c/p>\n\u003cp>Suburbs and rural areas typically do pay less, because there’s less demand from riders. Younger drivers are more concentrated in cities, where demand is higher.\u003c/p>\n\u003cp>Timing is important too. Older drivers tend to avoid working late at night, when demand can peak with people hailing rides home from bars.\u003c/p>\n\u003cp>Diamond said these pay disparities make sense, based on where and when older drivers tend to work. But the gap is still notable, because it’s the exact opposite of what happens in more traditional jobs, where there’s a norm that older employees earn more than younger workers.\u003c/p>\n\u003cp>Older drivers get no such premium on Uber.\u003c/p>\n\u003cp>\"It could have a lot of beneficial job characteristics,” Diamond said. “But the pay may be very different than what the workers had been experiencing in their longer-term jobs.”\u003c/p>\n\u003cp>Khymberleigh Levin, 58, said she was surprised to hear that younger drivers out-earn older ones on Uber.\u003c/p>\n\u003cp>\"I think I drive just as much as a young driver does,\" said Levin.\u003c/p>\n\u003cp>She drives part time in South Lake Tahoe, but said she focuses on times with high demand, often driving until 2 a.m. on the weekends. She doesn't feel like she's putting in less effort than younger drivers.\u003c/p>\n\u003cp>Levin said it would be impractical to chase higher demand by driving all the way to a larger city, such as Sacramento or San Francisco.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Would it really pay?\" Levin asked. \"You're paying for your gas there, wear and tear on your car, and a hotel there because you can't drive back. So I haven't really thought of it. Also, to be honest, I feel a lot safer here than I would in a big city.\"\u003c/p>\n\u003cp>Uber declined to comment for this story. But in the past, the company has pitched itself to older workers as a great way to make extra money, stay socially engaged and control your own schedule.\u003c/p>\n\u003cp>It once \u003ca href=\"https://press.aarp.org/2015-07-30-Life-Reimagined-Announces-Collaboration-with-Uber-to-Offer-New-Income-Opportunities-to-Members\" target=\"_blank\" rel=\"noopener\">directly recruited older drivers\u003c/a>, offering a $35 incentive to new drivers who signed up through an AARP subsidiary.\u003c/p>\n\u003cp>Keith Cooney said he understands why older drivers like him can end up earning less.\u003c/p>\n\u003cp>“I know that if I were to work from midnight to 3 in the morning, that's when people really make a lot of money,” Cooney said.\u003c/p>\n\u003cp>He used to work that late when he first started driving. But now, he’s just not willing to put up with drunken passengers in the middle of the night.\u003c/p>\n\u003cp>“I've never had anybody throw up in my car,” he said. “They've come close, but they never have.”\u003c/p>\n\u003cp>Cooney said in a bigger city, he’d be able to get rides year-round. And he might earn more. But he’s not about to move out of South Lake Tahoe in order to find out.\u003c/p>\n\u003cp>\u003cem>The California Dream series is a statewide media collaboration of CalMatters, KPBS, KPCC, KQED and Capital Public Radio with support from the Corporation for Public Broadcasting and the James Irvine Foundation.\u003c/em>\u003c/p>\n\u003cp>\u003cimg class=\"alignnone size-full wp-image-11768052\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/CADreamBanner-1-800x219.jpg\" alt=\"\" width=\"800\" height=\"219\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/CADreamBanner-1-800x219.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/CADreamBanner-1-800x219-160x44.jpg 160w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Over Labor Day, Gov. Gavin Newsom declared his \u003ca href=\"https://www.sacbee.com/opinion/article234624897.html\" target=\"_blank\" rel=\"noopener\">support\u003c/a> for a bill that would reclassify an estimated \u003ca href=\"https://calmatters.org/economy/2019/06/california-dynamex-gig-worker-classification-independent-contractors-uber-lyft-strippers-truckers-freelancers/\" target=\"_blank\" rel=\"noopener\">2 million\u003c/a> California workers as employees instead of independent contractors.\u003c/p>\n\u003cp>Powerful unions view \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\" target=\"_blank\" rel=\"noopener\">AB 5\u003c/a> as the year’s signature labor achievement, and the bill is expected to pass the state Senate next week – its last stop before heading to the governor’s desk.\u003c/p>\n\u003cp>But while \u003ca href=\"https://calmatters.org/blogs/california-election-2020/2019/08/elizabeth-warren-dynamex-califronia-gig-economy-presidential-primary/\">Democratic presidential candidates\u003c/a> have seized on labor standards of gig workers as a campaign issue, many questions remain about the bill’s implications, particularly for Uber and Lyft drivers in California, who number in the hundreds of thousands. Will they become employees when AB 5 becomes law? Will their pay go up? Will they lose flexibility?\u003c/p>\n\u003cp>Much of this remains in flux. Uber and Lyft say today’s on-demand economy calls for a new, first-in-the-nation framework, and they want California to forge it. Last week, major gig employers seeded \u003ca href=\"https://calmatters.org/economy/2019/08/with-no-carveout-in-hand-uber-lyft-doordash-pledge-90-million-to-california-ballot-fight/\">$90 million\u003c/a> for a new ballot measure unless lawmakers find a way to protect their business model. At the same time, the companies acknowledged their drivers deserve better pay, more benefits and \u003ca href=\"https://medium.com/uber-under-the-hood/moving-work-forward-in-california-7de60b6827b4\">greater representation\u003c/a>.\u003c/p>\n\u003cp>Democrats and labor leaders are working their way through this issue, which means even if AB 5 passes, negotiations will continue. On Wednesday, \u003ca href=\"https://www.politicopro.com/\">Politico\u003c/a> reported California Labor Federation Chief Officer Art Pulaski has been sharing a road map for how unions might cut through legal uncertainty in order to unionize gig workers. Newsom also says he’d like to craft something new, which would burnish his reputation as a friend to both tech and labor.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Harry Campbell\"]‘It doesn’t take a rocket scientist to realize that if drivers were guaranteed a minimum wage, you wouldn’t be able to just flip the app on anytime from 10 a.m. to 3 p.m. because there would be way too many drivers and not enough rides.’[/pullquote]\u003c/p>\n\u003cp>But with days left in the current legislative session, political rhetoric continues to build. Here is what we know (and don’t know) so far about where things stand:\u003c/p>\n\u003cp>\u003cstrong>What happens to Uber and Lyft drivers if they are categorized as employees?\u003c/strong>\u003c/p>\n\u003cp>Depends on whom you ask. The companies say it would fundamentally change the ride-service industry’s hiring practices, forcing them to move to “on demand employment,” which has never been done.\u003c/p>\n\u003cp>It would likely mean the companies would take on fewer drivers and assign shifts much as a restaurant or retailer might schedule workers. The companies say that drivers would lose a primary attraction of the gig – flexibility.\u003c/p>\n\u003cp>“We would likely have to exert more control over drivers, telling them where to work, how to work and who they can work for,” Uber \u003ca href=\"https://medium.com/uber-under-the-hood/moving-work-forward-in-california-7de60b6827b4\">wrote recently\u003c/a>. “Uber would likely hire far fewer drivers than we currently support, and we’d likely have to require a minimum number of hours per week. Scheduling and rigid shifts would become the norm, and Uber would likely prevent drivers from working for other ride-share companies.”\u003c/p>\n\u003cp>The company says it would block drivers from signing on when the number of drivers outstrips demand, for example in a quiet neighborhood during off-peak hours. Uber and Lyft warn that riders could see higher costs and longer wait times. Riders in transit deserts, they warn, could lose service entirely.\u003c/p>\n\u003cp>Steve Smith, a spokesman for the \u003ca href=\"https://calaborfed.org/\">California Labor Federation\u003c/a>, called these scenarios a “corporate scare tactic” and said nothing prevents companies from maintaining flexibility.\u003c/p>\n\u003cfigure id=\"attachment_11772796\" class=\"wp-caption alignnone\" style=\"max-width: 1382px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11772796\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2.jpg\" alt=\"\" width=\"1382\" height=\"922\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2.jpg 1382w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2-1200x801.jpg 1200w\" sizes=\"(max-width: 1382px) 100vw, 1382px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A man holds up a sign that says, ‘I don’t need a job, I just need customers,’ during a rally on on July 9, 2019, in opposition to AB 5. The bill that would change the way independent contractors are classified by their employers. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In shifting to employee status, companies would have to offer basic worker protections such as guaranteed minimum wage, overtime pay, contributions to Social Security and Medicare, unemployment and disability insurance as well as workers’ compensation, sick leave and family leave. Workers could also get reimbursed for mileage and maintenance of their vehicles, which doesn’t currently happen.\u003c/p>\n\u003cp>Most likely there would be tradeoffs, wrote Harry Campbell, a Long Beach-based driver who authors \u003ca href=\"https://therideshareguy.com/ab5-end-of-rideshare/\">The Rideshare Guy\u003c/a> blog and podcast. Drivers, he predicts, will lose some flexibility and be prevented from driving more than 40 hours a week to avoid overtime, or even 30 hours a week to avoid healthcare benefits. There would be less incentive for Uber and Lyft to offer surge or dynamic pricing, which is now used as a financial incentive to encourage drivers to go where demand is high.\u003c/p>\n\u003cp>On the flip side, drivers would get at least the minimum wage plus mileage reimbursement. Another perk would be getting paid whether or not there’s a passenger in the vehicle, which doesn’t happen now.\u003c/p>\n\u003cp>“It doesn’t take a rocket scientist to realize that if drivers were guaranteed a minimum wage, you wouldn’t be able to just flip the app on anytime from 10 a.m. to 3 p.m.,” wrote Campbell, “because there would be way too many drivers and not enough rides.”\u003c/p>\n\u003cp>\u003cstrong>Remind me, what is the Dynamex decision?\u003c/strong>\u003c/p>\n\u003cp>Gig companies have been in a legal gray zone since the California Supreme Court issued the so-called \u003ca href=\"https://www.courts.ca.gov/opinions/archive/S222732.PDF\">Dynamex decision\u003c/a> last year making it harder to classify workers as independent contractors. The ruling established a three-part test, or ABC test, for certifying contractors, with the highest hurdle that the work performed must be outside the company’s core business.\u003c/p>\n\u003cp>AB 5 by Assemblywoman Lorena Gonzalez, a former labor organizer and a Democrat from San Diego, would codify the court’s decision into state law. From labor’s perspective, this forces gig companies to start paying their fair share of payroll taxes and contribute to disability and unemployment insurance funds for workers. If they don’t, AB 5 would allow state agencies, such as the Labor Commissioner, Franchise Tax Board and Employment Development Department, to enforce misclassification.\u003c/p>\n\u003cp>[aside label=\"related stories\" tag=\"dynamex\"]\u003c/p>\n\u003cp>Workers would also still be able to file their own lawsuits.\u003c/p>\n\u003cp>\u003cstrong>How soon might the shift happen?\u003c/strong>\u003c/p>\n\u003cp>Although AB 5 would take effect Jan. 1, 2020, don’t expect any immediate changes. Since the inception of Uber and Lyft, ride-hailing companies have spent millions in litigation and on settlements to try to keep drivers from being classified as employees. This fight is no different.\u003c/p>\n\u003cp>“If AB 5 passes, it’ll simply be a qualification of existing law,” \u003ca href=\"https://www.theverge.com/2019/9/2/20841070/uber-lyft-ab5-california-bill-drivers-labor\">said\u003c/a> Uber CEO Dara Khosrowshahi when asked during an earnings call about California’s effort to reclassify drivers. “It doesn’t immediately transform drivers into employees.”\u003c/p>\n\u003cp>In other words, expect the legal challenges and political haranguing to continue.\u003c/p>\n\u003cp>\u003cstrong>Is there a third way?\u003c/strong>\u003c/p>\n\u003cp>This is something to watch for. In the final week of session, Uber and Lyft are lobbying hard to get some kind of carve-out, and they are pitching a new construct as a win-win-win for the drivers, the gig employers and the state.\u003c/p>\n\u003cp>Letting gig workers remain independent contractors would end the costly legal battles Uber and Lyft have been waging for years over classification and let them work around AB 5. Allowing drivers the right to collective bargaining would, overnight, let unions add more than 200,000 members. And by crafting a third way, California would get to be a trailblazer in fighting for workers in the new economy.\u003c/p>\n\u003cp>\u003cstrong>How would gig workers unionize if they remain freelancers?\u003c/strong>\u003c/p>\n\u003cp>Good question. Right now there’s a discrepancy between the state’s Dynamex decision, which presumably would shift drivers from freelancers to employees, and the federal government’s treatment of gig workers as contractors, which makes them ineligible for the right to form a union.\u003c/p>\n\u003cp>In a confusing twist, Newsom says California could take advantage of this inconsistency.\u003c/p>\n\u003cp>“Only when the National Labor Relations Act does not cover workers may states act to provide the right to organize a union, allowing workers to bargain for better pay, benefits and working conditions,” he wrote.\u003c/p>\n\u003cp>Details are scarce but this follows the same logic Pulaski outlined, which calls for gig economy workers to be placed in a new category where they can remain freelancers but access collective bargaining powers.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Would everyone go for this?\u003c/strong>\u003c/p>\n\u003cp>Unclear. Labor unions have been split over whether gig companies should even get a carve-out. On one side, the Service Employees International Union and Teamsters have been willing \u003ca href=\"https://www.latimes.com/business/technology/la-fi-tn-dynamex-contractors-ab5-20190623-story.html\">to negotiate\u003c/a> an alternative in addition to AB 5, an acknowledgement that unions have to evolve with the changing economy.\u003c/p>\n\u003cp>But the \u003ca href=\"https://cabuildingtrades.org/\">State Building and Construction Trades Council of California\u003c/a> is refusing any concessions. Its leader, Robbie Hunter, was \u003ca href=\"https://calmatters.org/newsletter/fair-pay-pge-lobby-fight-dim-disclosure-death-on-the-streets-and-delta-tunnel/\">removed\u003c/a> from Newsom’s Future of Work Commission over the disagreement.\u003c/p>\n\u003cp>It’s easy to see why: The building trades is an umbrella organization that represents electricians, roofers, painters and a host of other skilled construction workers who currently enjoy prevailing wage, training and job protections. If those companies were allowed a carve-out, it could threaten to turn those careers into gigs.\u003c/p>\n\u003cp>\u003cstrong>What about everyone else impacted by AB 5?\u003c/strong>\u003c/p>\n\u003cp>With so much talk about Uber and Lyft, it’s worth remembering that AB 5 impacts more than gig workers. The bill would \u003ca href=\"https://calmatters.org/economy/2019/06/california-dynamex-gig-worker-classification-independent-contractors-uber-lyft-strippers-truckers-freelancers/\">sweep up\u003c/a> some workers across industries, from truck drivers and nail technicians to musicians and strippers.\u003c/p>\n\u003cp>Gonzalez has agreed to leave many workers out. Notably, she has granted exemptions to doctors, insurance agents, real estate agents, hair stylists, dentists, architects, engineers, accountants and barbers who hold booth rental permits.\u003c/p>\n\u003cp>She also has been making case-by-case concessions for travel agents, graphic designers, grant writers and marketing professionals. Newspaper publishers also have sought an industry exemption since many use freelance writers, photographers, editors and newspaper carriers. The latest version of AB 5 includes an exemption for freelancers as long as they contribute no more than 35 submissions a year.\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://calmatters.org/\">CalMatters.org\u003c/a> is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "California is poised to pass a sweeping labor bill that would turn drivers into employees. But gig companies are concerned about the implications and are demanding that lawmakers forge a new path.\r\n",
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"title": "What Happens to Uber and Lyft Drivers If AB 5 Becomes Law? | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Over Labor Day, Gov. Gavin Newsom declared his \u003ca href=\"https://www.sacbee.com/opinion/article234624897.html\" target=\"_blank\" rel=\"noopener\">support\u003c/a> for a bill that would reclassify an estimated \u003ca href=\"https://calmatters.org/economy/2019/06/california-dynamex-gig-worker-classification-independent-contractors-uber-lyft-strippers-truckers-freelancers/\" target=\"_blank\" rel=\"noopener\">2 million\u003c/a> California workers as employees instead of independent contractors.\u003c/p>\n\u003cp>Powerful unions view \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\" target=\"_blank\" rel=\"noopener\">AB 5\u003c/a> as the year’s signature labor achievement, and the bill is expected to pass the state Senate next week – its last stop before heading to the governor’s desk.\u003c/p>\n\u003cp>But while \u003ca href=\"https://calmatters.org/blogs/california-election-2020/2019/08/elizabeth-warren-dynamex-califronia-gig-economy-presidential-primary/\">Democratic presidential candidates\u003c/a> have seized on labor standards of gig workers as a campaign issue, many questions remain about the bill’s implications, particularly for Uber and Lyft drivers in California, who number in the hundreds of thousands. Will they become employees when AB 5 becomes law? Will their pay go up? Will they lose flexibility?\u003c/p>\n\u003cp>Much of this remains in flux. Uber and Lyft say today’s on-demand economy calls for a new, first-in-the-nation framework, and they want California to forge it. Last week, major gig employers seeded \u003ca href=\"https://calmatters.org/economy/2019/08/with-no-carveout-in-hand-uber-lyft-doordash-pledge-90-million-to-california-ballot-fight/\">$90 million\u003c/a> for a new ballot measure unless lawmakers find a way to protect their business model. At the same time, the companies acknowledged their drivers deserve better pay, more benefits and \u003ca href=\"https://medium.com/uber-under-the-hood/moving-work-forward-in-california-7de60b6827b4\">greater representation\u003c/a>.\u003c/p>\n\u003cp>Democrats and labor leaders are working their way through this issue, which means even if AB 5 passes, negotiations will continue. On Wednesday, \u003ca href=\"https://www.politicopro.com/\">Politico\u003c/a> reported California Labor Federation Chief Officer Art Pulaski has been sharing a road map for how unions might cut through legal uncertainty in order to unionize gig workers. Newsom also says he’d like to craft something new, which would burnish his reputation as a friend to both tech and labor.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘It doesn’t take a rocket scientist to realize that if drivers were guaranteed a minimum wage, you wouldn’t be able to just flip the app on anytime from 10 a.m. to 3 p.m. because there would be way too many drivers and not enough rides.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But with days left in the current legislative session, political rhetoric continues to build. Here is what we know (and don’t know) so far about where things stand:\u003c/p>\n\u003cp>\u003cstrong>What happens to Uber and Lyft drivers if they are categorized as employees?\u003c/strong>\u003c/p>\n\u003cp>Depends on whom you ask. The companies say it would fundamentally change the ride-service industry’s hiring practices, forcing them to move to “on demand employment,” which has never been done.\u003c/p>\n\u003cp>It would likely mean the companies would take on fewer drivers and assign shifts much as a restaurant or retailer might schedule workers. The companies say that drivers would lose a primary attraction of the gig – flexibility.\u003c/p>\n\u003cp>“We would likely have to exert more control over drivers, telling them where to work, how to work and who they can work for,” Uber \u003ca href=\"https://medium.com/uber-under-the-hood/moving-work-forward-in-california-7de60b6827b4\">wrote recently\u003c/a>. “Uber would likely hire far fewer drivers than we currently support, and we’d likely have to require a minimum number of hours per week. Scheduling and rigid shifts would become the norm, and Uber would likely prevent drivers from working for other ride-share companies.”\u003c/p>\n\u003cp>The company says it would block drivers from signing on when the number of drivers outstrips demand, for example in a quiet neighborhood during off-peak hours. Uber and Lyft warn that riders could see higher costs and longer wait times. Riders in transit deserts, they warn, could lose service entirely.\u003c/p>\n\u003cp>Steve Smith, a spokesman for the \u003ca href=\"https://calaborfed.org/\">California Labor Federation\u003c/a>, called these scenarios a “corporate scare tactic” and said nothing prevents companies from maintaining flexibility.\u003c/p>\n\u003cfigure id=\"attachment_11772796\" class=\"wp-caption alignnone\" style=\"max-width: 1382px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11772796\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2.jpg\" alt=\"\" width=\"1382\" height=\"922\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2.jpg 1382w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/09/RIDESHARE-DRIVERS-photo-2-1200x801.jpg 1200w\" sizes=\"(max-width: 1382px) 100vw, 1382px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A man holds up a sign that says, ‘I don’t need a job, I just need customers,’ during a rally on on July 9, 2019, in opposition to AB 5. The bill that would change the way independent contractors are classified by their employers. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In shifting to employee status, companies would have to offer basic worker protections such as guaranteed minimum wage, overtime pay, contributions to Social Security and Medicare, unemployment and disability insurance as well as workers’ compensation, sick leave and family leave. Workers could also get reimbursed for mileage and maintenance of their vehicles, which doesn’t currently happen.\u003c/p>\n\u003cp>Most likely there would be tradeoffs, wrote Harry Campbell, a Long Beach-based driver who authors \u003ca href=\"https://therideshareguy.com/ab5-end-of-rideshare/\">The Rideshare Guy\u003c/a> blog and podcast. Drivers, he predicts, will lose some flexibility and be prevented from driving more than 40 hours a week to avoid overtime, or even 30 hours a week to avoid healthcare benefits. There would be less incentive for Uber and Lyft to offer surge or dynamic pricing, which is now used as a financial incentive to encourage drivers to go where demand is high.\u003c/p>\n\u003cp>On the flip side, drivers would get at least the minimum wage plus mileage reimbursement. Another perk would be getting paid whether or not there’s a passenger in the vehicle, which doesn’t happen now.\u003c/p>\n\u003cp>“It doesn’t take a rocket scientist to realize that if drivers were guaranteed a minimum wage, you wouldn’t be able to just flip the app on anytime from 10 a.m. to 3 p.m.,” wrote Campbell, “because there would be way too many drivers and not enough rides.”\u003c/p>\n\u003cp>\u003cstrong>Remind me, what is the Dynamex decision?\u003c/strong>\u003c/p>\n\u003cp>Gig companies have been in a legal gray zone since the California Supreme Court issued the so-called \u003ca href=\"https://www.courts.ca.gov/opinions/archive/S222732.PDF\">Dynamex decision\u003c/a> last year making it harder to classify workers as independent contractors. The ruling established a three-part test, or ABC test, for certifying contractors, with the highest hurdle that the work performed must be outside the company’s core business.\u003c/p>\n\u003cp>AB 5 by Assemblywoman Lorena Gonzalez, a former labor organizer and a Democrat from San Diego, would codify the court’s decision into state law. From labor’s perspective, this forces gig companies to start paying their fair share of payroll taxes and contribute to disability and unemployment insurance funds for workers. If they don’t, AB 5 would allow state agencies, such as the Labor Commissioner, Franchise Tax Board and Employment Development Department, to enforce misclassification.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Workers would also still be able to file their own lawsuits.\u003c/p>\n\u003cp>\u003cstrong>How soon might the shift happen?\u003c/strong>\u003c/p>\n\u003cp>Although AB 5 would take effect Jan. 1, 2020, don’t expect any immediate changes. Since the inception of Uber and Lyft, ride-hailing companies have spent millions in litigation and on settlements to try to keep drivers from being classified as employees. This fight is no different.\u003c/p>\n\u003cp>“If AB 5 passes, it’ll simply be a qualification of existing law,” \u003ca href=\"https://www.theverge.com/2019/9/2/20841070/uber-lyft-ab5-california-bill-drivers-labor\">said\u003c/a> Uber CEO Dara Khosrowshahi when asked during an earnings call about California’s effort to reclassify drivers. “It doesn’t immediately transform drivers into employees.”\u003c/p>\n\u003cp>In other words, expect the legal challenges and political haranguing to continue.\u003c/p>\n\u003cp>\u003cstrong>Is there a third way?\u003c/strong>\u003c/p>\n\u003cp>This is something to watch for. In the final week of session, Uber and Lyft are lobbying hard to get some kind of carve-out, and they are pitching a new construct as a win-win-win for the drivers, the gig employers and the state.\u003c/p>\n\u003cp>Letting gig workers remain independent contractors would end the costly legal battles Uber and Lyft have been waging for years over classification and let them work around AB 5. Allowing drivers the right to collective bargaining would, overnight, let unions add more than 200,000 members. And by crafting a third way, California would get to be a trailblazer in fighting for workers in the new economy.\u003c/p>\n\u003cp>\u003cstrong>How would gig workers unionize if they remain freelancers?\u003c/strong>\u003c/p>\n\u003cp>Good question. Right now there’s a discrepancy between the state’s Dynamex decision, which presumably would shift drivers from freelancers to employees, and the federal government’s treatment of gig workers as contractors, which makes them ineligible for the right to form a union.\u003c/p>\n\u003cp>In a confusing twist, Newsom says California could take advantage of this inconsistency.\u003c/p>\n\u003cp>“Only when the National Labor Relations Act does not cover workers may states act to provide the right to organize a union, allowing workers to bargain for better pay, benefits and working conditions,” he wrote.\u003c/p>\n\u003cp>Details are scarce but this follows the same logic Pulaski outlined, which calls for gig economy workers to be placed in a new category where they can remain freelancers but access collective bargaining powers.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Would everyone go for this?\u003c/strong>\u003c/p>\n\u003cp>Unclear. Labor unions have been split over whether gig companies should even get a carve-out. On one side, the Service Employees International Union and Teamsters have been willing \u003ca href=\"https://www.latimes.com/business/technology/la-fi-tn-dynamex-contractors-ab5-20190623-story.html\">to negotiate\u003c/a> an alternative in addition to AB 5, an acknowledgement that unions have to evolve with the changing economy.\u003c/p>\n\u003cp>But the \u003ca href=\"https://cabuildingtrades.org/\">State Building and Construction Trades Council of California\u003c/a> is refusing any concessions. Its leader, Robbie Hunter, was \u003ca href=\"https://calmatters.org/newsletter/fair-pay-pge-lobby-fight-dim-disclosure-death-on-the-streets-and-delta-tunnel/\">removed\u003c/a> from Newsom’s Future of Work Commission over the disagreement.\u003c/p>\n\u003cp>It’s easy to see why: The building trades is an umbrella organization that represents electricians, roofers, painters and a host of other skilled construction workers who currently enjoy prevailing wage, training and job protections. If those companies were allowed a carve-out, it could threaten to turn those careers into gigs.\u003c/p>\n\u003cp>\u003cstrong>What about everyone else impacted by AB 5?\u003c/strong>\u003c/p>\n\u003cp>With so much talk about Uber and Lyft, it’s worth remembering that AB 5 impacts more than gig workers. The bill would \u003ca href=\"https://calmatters.org/economy/2019/06/california-dynamex-gig-worker-classification-independent-contractors-uber-lyft-strippers-truckers-freelancers/\">sweep up\u003c/a> some workers across industries, from truck drivers and nail technicians to musicians and strippers.\u003c/p>\n\u003cp>Gonzalez has agreed to leave many workers out. Notably, she has granted exemptions to doctors, insurance agents, real estate agents, hair stylists, dentists, architects, engineers, accountants and barbers who hold booth rental permits.\u003c/p>\n\u003cp>She also has been making case-by-case concessions for travel agents, graphic designers, grant writers and marketing professionals. Newspaper publishers also have sought an industry exemption since many use freelance writers, photographers, editors and newspaper carriers. The latest version of AB 5 includes an exemption for freelancers as long as they contribute no more than 35 submissions a year.\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"http://calmatters.org/\">CalMatters.org\u003c/a> is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Anthony Levandowski: 'Going All the Way' and the Lessons of Real Mistakes",
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"content": "\u003cp>[dropcap]S[/dropcap]peeding is the least of Anthony Levandowski’s troubles. We’ll get to that in a minute.\u003c/p>\n\u003cp>Levandowski is the former \u003ca href=\"https://www.newyorker.com/magazine/2013/11/25/auto-correct\" target=\"_blank\" rel=\"noopener\">star Google engineer\u003c/a> who left the company’s self-driving car program to launch \u003ca href=\"https://www.theverge.com/2016/10/25/13381246/otto-self-driving-truck-budweiser-first-shipment-uber\" target=\"_blank\" rel=\"noopener\">a self-driving truck startup\u003c/a> which was, in very short order, \u003ca href=\"https://www.uber.com/newsroom/rethinking-transportation-2\" target=\"_blank\" rel=\"noopener\">acquired by Uber\u003c/a> for $680 million.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘If it is your job to advance technology, safety cannot be your No. 1 concern. If it is, you’ll never do anything. It’s always safer to leave the car in the driveway. You’ll never learn from a real mistake.’\u003ccite>Anthony Levandowski\u003c/cite>\u003c/aside>\n\u003cp>The engineer’s move from one of the world’s most powerful companies to one determined to dominate the field of transportation triggered a chain of ugly consequences: Google’s Waymo autonomous vehicle unit, alleging that Levandowski had absconded with digital files key to the company’s technology, sued Uber for stealing trade secrets; Uber fired Levandowski before settling the case; and now, a federal grand jury \u003ca href=\"https://www.kqed.org/news/11770294/ex-google-engineer-charged-in-uber-self-driving-theft-case\" target=\"_blank\" rel=\"noopener\">has indicted\u003c/a> Levandowski on criminal charges of stealing Google’s secrets.\u003c/p>\n\u003cp>Levandowski, due back in court as early as Wednesday, has pleaded not guilty. His lawyers have assured the world he will beat the rap.\u003c/p>\n\u003cp>But what if he can’t find his way past the fix he’s in, one that could lead to prison time, millions of dollars in financial penalties and loss of his sizable fortune?\u003c/p>\n\u003cp>In a way, Levandowski seems to have anticipated the question in interviews and in less direct pronouncements. Mistakes — even big mistakes — are part of the price of technological progress. You just keep going.\u003c/p>\n\u003cp>[dropcap]R[/dropcap]eporter Charles Duhigg, in \u003ca href=\"https://www.newyorker.com/magazine/2018/10/22/did-uber-steal-googles-intellectual-property\" target=\"_blank\" rel=\"noopener\">a piece for The New Yorker\u003c/a> last year, examined Levandowski’s career and the Google/Waymo trade secrets lawsuit against Uber.\u003c/p>\n\u003cp>The story portrays Levandowski as an iconoclast and out-on-the-edge risk-taker, just the type that Google leadership was looking for to take on the challenge of building its self-driving vehicle program.\u003c/p>\n\u003cp>“If it is your job to advance technology, safety cannot be your No. 1 concern,” Levandowski says in the article. “If it is, you’ll never do anything. It’s always safer to leave the car in the driveway. You’ll never learn from a real mistake.”\u003c/p>\n\u003cp>As an example of that attitude at work, Duhigg relates a story in which Levandowski is said to have been at the wheel of a self-driving Google vehicle involved in a near-crash with another car. The second car spun out and ended up in a freeway median, Duhigg writes, and Levandowski’s passenger suffered a serious back injury.\u003c/p>\n\u003cp>“Levandowski, rather than being cowed by the incident, later defended it as an invaluable source of data, an opportunity to learn how to avoid similar mistakes,” Duhigg reports. “He sent colleagues an email with video of the near-collision. Its subject line was ‘Prius vs. Camry.’ ”\u003c/p>\n\u003cp>Levandowski, who launched several startups before and during his tenure at Google, left the company in early 2016 and started Otto, which focused on self-driving technology for the long-haul trucking industry. Uber \u003ca href=\"https://techcrunch.com/2016/08/18/uber-acquires-otto-to-lead-ubers-self-driving-car-effort-report-says/\" target=\"_blank\" rel=\"noopener\">bought the company\u003c/a> months later, and the newly acquired firm made a splash in October 2016 with the announcement that its technology had enabled a self-driving semi loaded with beer to \u003ca href=\"https://www.kqed.org/news/11146649/beer-run-self-driving-truck-goes-120-plus-miles-on-colorado-delivery\" target=\"_blank\" rel=\"noopener\">safely navigate\u003c/a> a 120-mile route on Interstate 25 in Colorado.\u003c/p>\n\u003cp>Then came the Google/Waymo lawsuit, Uber’s dismissal of Levandowski and last week’s criminal charges.\u003c/p>\n\u003cp>[dropcap]B[/dropcap]ut sometime between the day in 2017 when Uber fired him and the day he appeared in San Jose federal court to enter a plea of not guilty, Levandowski took a long drive. The journey was a first of sorts, and under other circumstances, it might have drawn more attention.\u003c/p>\n\u003cp>Last October, almost exactly two years after Otto’s highly publicized \u003ca href=\"https://www.wired.com/2016/10/ubers-self-driving-truck-makes-first-delivery-50000-beers/\" target=\"_blank\" rel=\"noopener\">Colorado beer run\u003c/a>, Levandowski climbed into the driver’s seat of a Toyota Prius in San Francisco, headed north across the Golden Gate Bridge, then kept going all the way across the country, ending at New York City’s George Washington Bridge less than four days later.\u003c/p>\n\u003cp>It wasn’t an all-time speed record, and it wasn’t the first time someone made a mind-numbing cross-country drive.\u003c/p>\n\u003cp>The unique part of the trip, which wasn’t disclosed until December, was that Levandowski’s vehicle was outfitted with advanced driver-assist technology developed by his latest startup, \u003ca href=\"https://pronto.ai/\" target=\"_blank\" rel=\"noopener\">Pronto\u003c/a>. Levandowski and the company say the vehicle made the entire trip “without any human intervention,” save for refueling and rest breaks. The trip, \u003ca href=\"https://medium.com/pronto-ai/pronto-means-ready-e885bc8ec9e9\" target=\"_blank\" rel=\"noopener\">Levandowski explained\u003c/a>, was part of realizing “my life’s passion to make the life-saving potential of autonomous vehicles a reality.”\u003c/p>\n\u003cp>Pronto, which like Levandowski’s Otto is marketing a self-driving system for the trucking industry, published \u003ca href=\"https://vimeo.com/306969319\" target=\"_blank\" rel=\"noopener\">a time-lapse video\u003c/a> of the trip. After downloading it and watching it frame by frame, a few interesting patterns emerge:\u003c/p>\n\u003cp>\u003cstrong>The Pronto system, or at least the version used for Levandowski’s drive, has a lead foot.\u003c/strong>\u003c/p>\n\u003cp>As Levandowski sets out across the Golden Gate Bridge, which has a highly publicized 45 mph speed limit due to a history of deadly crashes, his vehicle quickly accelerates to 55 mph.\u003c/p>\n\u003cp>Alan Dunton, a Pronto spokesman, said in an email last week “the vehicle’s speed was set by the system and was based on the surrounding traffic flow and posted speed limit, among other things using Pronto’s proprietary technology.”On the Golden Gate Bridge, he said in essence, that by exceeding the speed limit by 10 mph, the car’s software was just keeping up with faster traffic and trying to stay safe and legal. Dunton points out the video shows Levandowski’s Prius is passed repeatedly by faster traffic in the three northbound lanes.\u003c/p>\n\u003cp>“If they were going 10 mph slower, they would have impeded traffic, which is against California’s basic speed law,” Dunton said.\u003c/p>\n\u003cp>Does that argument hold water with the California Highway Patrol, responsible for enforcing the speed limit on the bridge?\u003c/p>\n\u003cp>“No. Absolutely not,” said CHP Officer Andrew Barclay, with the CHP’s Marin County unit. “They could be pulled over for speeding at that point.”\u003c/p>\n\u003cp>Barclay said the state’s “\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=22350\" target=\"_blank\" rel=\"noopener\">basic speed law\u003c/a>” — “no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property” — would not apply in the situation Dunton described.\u003c/p>\n\u003cp>Dunton didn’t address the numerous other occasions the Prius is seen speeding as it crossed the country, except to say “they generally drove with the flow of traffic.”\u003c/p>\n\u003cp>\u003cstrong>Pronto — Italian for “road boulder”?\u003c/strong>\u003c/p>\n\u003cp>The company’s video shows Levandowski and his Prius hanging out in the left lane, aka the “fast” lane, for inordinately long stretches.\u003c/p>\n\u003cp>For instance, at mile 151 of the trip, on Interstate 80 near the Sierra foothills town of Colfax, the vehicle takes to the left lane. And stays there. And stays there. And stays there. All the way across the mountains, through Reno and well beyond, even as faster vehicles pass on the right. The car finally returns to the right lane just east of the town of Fernley.\u003c/p>\n\u003cp>Asked about why the Pronto system didn’t return the vehicle to the right lane to allow passing, as courtesy and the vehicle code would dictate, spokesman Dunton explained that the software was set to avoid possible conflicts with traffic entering the roadway from the right.\u003c/p>\n\u003cp>“For the purposes of this early demo, (the team) wanted to maximize the chances of achieving this amazing milestone and therefore decided to have the car drive in left lane for a significant portion of the trip to reduce the number of merges with traffic,” Dunton said.Why reduce the number of merges? Read on.\u003c/p>\n\u003cp>\u003cstrong>Houston, we have a problem. With merging.\u003c/strong>\u003c/p>\n\u003cp>Last December, after announcing Pronto’s successful cross-country road trip, Levandowski took The Guardian’s Mark Harris for \u003ca href=\"https://www.theguardian.com/technology/2018/dec/18/controversial-engineer-i-travelled-over-3000-miles-in-a-self-driving-car\" target=\"_blank\" rel=\"noopener\">a 48-mile ride-along\u003c/a>. Harris said the system performed “safely and competently,” though Levandowski was forced to take control of the self-driving Prius at one point because it “failed to merge into busy traffic.”\u003c/p>\n\u003cp>What can go wrong in a merge?\u003c/p>\n\u003cp>The Pronto video, brief as it is, shows one harrowing example, a little more than 40 minutes into the trip, as Levandowski and his Prius attempt to merge onto eastbound Interstate 80 off of Highway 37 in Vallejo.\u003c/p>\n\u003cp>As the Prius heads up the ramp – and up a moderately steep grade where entering vehicles are required to merge left as the number of freeway lanes is reduced gradually from six to four – the vehicle briefly accelerates to 72 mph. However, the Prius remains in the far right lane to the point where it ends and the vehicle is forced to move to the left. By that time, the vehicle is rapidly overtaking a much-slower-moving dump truck.\u003c/p>\n\u003cp>One imagines this was an “oh, shit” moment for Levandowski, who was at the outset of a 3,100-mile trip in which he hoped not to touch the vehicle’s controls except when he needed to gas up, pee or sleep.\u003c/p>\n\u003cp>What the car did, apparently with no input from him, was brake dramatically on the freeway – slowing to just 17 mph, according to the video – to avoid rear-ending the truck. The video doesn’t show whether there was traffic immediately behind the Prius or whether other vehicles were also required to slow down. Eventually, the merge was completed and the Prius went on its way.\u003c/p>\n\u003cp>[dropcap]B[/dropcap]eyond depicting the apparently successful road trip, the Pronto video carries another message that may be relevant to Levandowski’s current situation and his attitude toward it.\u003c/p>\n\u003cp>The message comes in the video’s sonorous voiceover. An unidentified, uncredited voice intones words identified at the end only as “poetry by Charles Bukowski.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"vimeo-player\" src=\"https://player.vimeo.com/video/306969319\" width=\"800\" height=\"450\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>In fact, the audio of the reading is borrowed from \u003ca href=\"https://www.youtube.com/user/SpokenVerse\" target=\"_blank\" rel=\"noopener\">Tom O’Bedlam\u003c/a>, a sort of YouTube \u003ca href=\"https://www.rogerebert.com/rogers-journal/youtube-and-the-cinnamon-peeler\" target=\"_blank\" rel=\"noopener\">cult figure\u003c/a> known for his taste in verse and his memorable reading style.\u003c/p>\n\u003cp>The “poetry by Charles Bukowski” is a mash-up of two well-known pieces, “\u003ca href=\"https://thebestamericanpoetry.typepad.com/the_best_american_poetry/2008/11/the-laughing-he.html\" target=\"_blank\" rel=\"noopener\">The Laughing Heart\u003c/a>” and “\u003ca href=\"https://wordsfortheyear.com/2014/04/08/roll-the-dice/\" target=\"_blank\" rel=\"noopener\">Roll the Dice\u003c/a>,” by the late Los Angeles poet. Both poems speak of the necessity of seizing the day and making one’s life count for something. The latter piece, too, talks about pursuing dreams regardless of the cost.\u003c/p>\n\u003cp>We’re guessing the poetry was chosen and hacked together because of the line “if you’re going to try, go all the way” — you know, like the Prius in the video as it completes its cross-country ramble in the unromantic morass of a morning commute into New York City.\u003c/p>\n\u003cp>But the lines that get your attention, read in funereal tones over video images of Levandowski’s vehicle racing across the United States in frantically sped-up motion, are a little farther down:\u003c/p>\n\u003cp>“… go all the way.\u003cbr>\nthis could mean losing girlfriends,\u003cbr>\nwives, relatives, jobs and\u003cbr>\nmaybe your mind.\u003cbr>\ngo all the way.\u003cbr>\nit could mean not eating for 3 or 4 days.\u003cbr>\nit could mean freezing on a\u003cbr>\npark bench.\u003cbr>\nit could mean jail,\u003cbr>\nit could mean derision,\u003cbr>\nmockery,\u003cbr>\nisolation. …”\u003c/p>\n\u003cp>Really? Jail? Homelessness? This vision of building a self-driving vehicle could mean losing your family, livelihood, sanity and freedom?\u003c/p>\n\u003cp>You wonder if that’s where Anthony Levandowski really saw his career and life heading.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">S\u003c/span>\u003c/p>\u003cp>peeding is the least of Anthony Levandowski’s troubles. We’ll get to that in a minute.\u003c/p>\n\u003cp>Levandowski is the former \u003ca href=\"https://www.newyorker.com/magazine/2013/11/25/auto-correct\" target=\"_blank\" rel=\"noopener\">star Google engineer\u003c/a> who left the company’s self-driving car program to launch \u003ca href=\"https://www.theverge.com/2016/10/25/13381246/otto-self-driving-truck-budweiser-first-shipment-uber\" target=\"_blank\" rel=\"noopener\">a self-driving truck startup\u003c/a> which was, in very short order, \u003ca href=\"https://www.uber.com/newsroom/rethinking-transportation-2\" target=\"_blank\" rel=\"noopener\">acquired by Uber\u003c/a> for $680 million.\u003c/p>\n\u003caside class=\"pullquote alignright\">‘If it is your job to advance technology, safety cannot be your No. 1 concern. If it is, you’ll never do anything. It’s always safer to leave the car in the driveway. You’ll never learn from a real mistake.’\u003ccite>Anthony Levandowski\u003c/cite>\u003c/aside>\n\u003cp>The engineer’s move from one of the world’s most powerful companies to one determined to dominate the field of transportation triggered a chain of ugly consequences: Google’s Waymo autonomous vehicle unit, alleging that Levandowski had absconded with digital files key to the company’s technology, sued Uber for stealing trade secrets; Uber fired Levandowski before settling the case; and now, a federal grand jury \u003ca href=\"https://www.kqed.org/news/11770294/ex-google-engineer-charged-in-uber-self-driving-theft-case\" target=\"_blank\" rel=\"noopener\">has indicted\u003c/a> Levandowski on criminal charges of stealing Google’s secrets.\u003c/p>\n\u003cp>Levandowski, due back in court as early as Wednesday, has pleaded not guilty. His lawyers have assured the world he will beat the rap.\u003c/p>\n\u003cp>But what if he can’t find his way past the fix he’s in, one that could lead to prison time, millions of dollars in financial penalties and loss of his sizable fortune?\u003c/p>\n\u003cp>In a way, Levandowski seems to have anticipated the question in interviews and in less direct pronouncements. Mistakes — even big mistakes — are part of the price of technological progress. You just keep going.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">R\u003c/span>\u003c/p>\u003cp>eporter Charles Duhigg, in \u003ca href=\"https://www.newyorker.com/magazine/2018/10/22/did-uber-steal-googles-intellectual-property\" target=\"_blank\" rel=\"noopener\">a piece for The New Yorker\u003c/a> last year, examined Levandowski’s career and the Google/Waymo trade secrets lawsuit against Uber.\u003c/p>\n\u003cp>The story portrays Levandowski as an iconoclast and out-on-the-edge risk-taker, just the type that Google leadership was looking for to take on the challenge of building its self-driving vehicle program.\u003c/p>\n\u003cp>“If it is your job to advance technology, safety cannot be your No. 1 concern,” Levandowski says in the article. “If it is, you’ll never do anything. It’s always safer to leave the car in the driveway. You’ll never learn from a real mistake.”\u003c/p>\n\u003cp>As an example of that attitude at work, Duhigg relates a story in which Levandowski is said to have been at the wheel of a self-driving Google vehicle involved in a near-crash with another car. The second car spun out and ended up in a freeway median, Duhigg writes, and Levandowski’s passenger suffered a serious back injury.\u003c/p>\n\u003cp>“Levandowski, rather than being cowed by the incident, later defended it as an invaluable source of data, an opportunity to learn how to avoid similar mistakes,” Duhigg reports. “He sent colleagues an email with video of the near-collision. Its subject line was ‘Prius vs. Camry.’ ”\u003c/p>\n\u003cp>Levandowski, who launched several startups before and during his tenure at Google, left the company in early 2016 and started Otto, which focused on self-driving technology for the long-haul trucking industry. Uber \u003ca href=\"https://techcrunch.com/2016/08/18/uber-acquires-otto-to-lead-ubers-self-driving-car-effort-report-says/\" target=\"_blank\" rel=\"noopener\">bought the company\u003c/a> months later, and the newly acquired firm made a splash in October 2016 with the announcement that its technology had enabled a self-driving semi loaded with beer to \u003ca href=\"https://www.kqed.org/news/11146649/beer-run-self-driving-truck-goes-120-plus-miles-on-colorado-delivery\" target=\"_blank\" rel=\"noopener\">safely navigate\u003c/a> a 120-mile route on Interstate 25 in Colorado.\u003c/p>\n\u003cp>Then came the Google/Waymo lawsuit, Uber’s dismissal of Levandowski and last week’s criminal charges.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">B\u003c/span>\u003c/p>\u003cp>ut sometime between the day in 2017 when Uber fired him and the day he appeared in San Jose federal court to enter a plea of not guilty, Levandowski took a long drive. The journey was a first of sorts, and under other circumstances, it might have drawn more attention.\u003c/p>\n\u003cp>Last October, almost exactly two years after Otto’s highly publicized \u003ca href=\"https://www.wired.com/2016/10/ubers-self-driving-truck-makes-first-delivery-50000-beers/\" target=\"_blank\" rel=\"noopener\">Colorado beer run\u003c/a>, Levandowski climbed into the driver’s seat of a Toyota Prius in San Francisco, headed north across the Golden Gate Bridge, then kept going all the way across the country, ending at New York City’s George Washington Bridge less than four days later.\u003c/p>\n\u003cp>It wasn’t an all-time speed record, and it wasn’t the first time someone made a mind-numbing cross-country drive.\u003c/p>\n\u003cp>The unique part of the trip, which wasn’t disclosed until December, was that Levandowski’s vehicle was outfitted with advanced driver-assist technology developed by his latest startup, \u003ca href=\"https://pronto.ai/\" target=\"_blank\" rel=\"noopener\">Pronto\u003c/a>. Levandowski and the company say the vehicle made the entire trip “without any human intervention,” save for refueling and rest breaks. The trip, \u003ca href=\"https://medium.com/pronto-ai/pronto-means-ready-e885bc8ec9e9\" target=\"_blank\" rel=\"noopener\">Levandowski explained\u003c/a>, was part of realizing “my life’s passion to make the life-saving potential of autonomous vehicles a reality.”\u003c/p>\n\u003cp>Pronto, which like Levandowski’s Otto is marketing a self-driving system for the trucking industry, published \u003ca href=\"https://vimeo.com/306969319\" target=\"_blank\" rel=\"noopener\">a time-lapse video\u003c/a> of the trip. After downloading it and watching it frame by frame, a few interesting patterns emerge:\u003c/p>\n\u003cp>\u003cstrong>The Pronto system, or at least the version used for Levandowski’s drive, has a lead foot.\u003c/strong>\u003c/p>\n\u003cp>As Levandowski sets out across the Golden Gate Bridge, which has a highly publicized 45 mph speed limit due to a history of deadly crashes, his vehicle quickly accelerates to 55 mph.\u003c/p>\n\u003cp>Alan Dunton, a Pronto spokesman, said in an email last week “the vehicle’s speed was set by the system and was based on the surrounding traffic flow and posted speed limit, among other things using Pronto’s proprietary technology.”On the Golden Gate Bridge, he said in essence, that by exceeding the speed limit by 10 mph, the car’s software was just keeping up with faster traffic and trying to stay safe and legal. Dunton points out the video shows Levandowski’s Prius is passed repeatedly by faster traffic in the three northbound lanes.\u003c/p>\n\u003cp>“If they were going 10 mph slower, they would have impeded traffic, which is against California’s basic speed law,” Dunton said.\u003c/p>\n\u003cp>Does that argument hold water with the California Highway Patrol, responsible for enforcing the speed limit on the bridge?\u003c/p>\n\u003cp>“No. Absolutely not,” said CHP Officer Andrew Barclay, with the CHP’s Marin County unit. “They could be pulled over for speeding at that point.”\u003c/p>\n\u003cp>Barclay said the state’s “\u003ca href=\"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=22350\" target=\"_blank\" rel=\"noopener\">basic speed law\u003c/a>” — “no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property” — would not apply in the situation Dunton described.\u003c/p>\n\u003cp>Dunton didn’t address the numerous other occasions the Prius is seen speeding as it crossed the country, except to say “they generally drove with the flow of traffic.”\u003c/p>\n\u003cp>\u003cstrong>Pronto — Italian for “road boulder”?\u003c/strong>\u003c/p>\n\u003cp>The company’s video shows Levandowski and his Prius hanging out in the left lane, aka the “fast” lane, for inordinately long stretches.\u003c/p>\n\u003cp>For instance, at mile 151 of the trip, on Interstate 80 near the Sierra foothills town of Colfax, the vehicle takes to the left lane. And stays there. And stays there. And stays there. All the way across the mountains, through Reno and well beyond, even as faster vehicles pass on the right. The car finally returns to the right lane just east of the town of Fernley.\u003c/p>\n\u003cp>Asked about why the Pronto system didn’t return the vehicle to the right lane to allow passing, as courtesy and the vehicle code would dictate, spokesman Dunton explained that the software was set to avoid possible conflicts with traffic entering the roadway from the right.\u003c/p>\n\u003cp>“For the purposes of this early demo, (the team) wanted to maximize the chances of achieving this amazing milestone and therefore decided to have the car drive in left lane for a significant portion of the trip to reduce the number of merges with traffic,” Dunton said.Why reduce the number of merges? Read on.\u003c/p>\n\u003cp>\u003cstrong>Houston, we have a problem. With merging.\u003c/strong>\u003c/p>\n\u003cp>Last December, after announcing Pronto’s successful cross-country road trip, Levandowski took The Guardian’s Mark Harris for \u003ca href=\"https://www.theguardian.com/technology/2018/dec/18/controversial-engineer-i-travelled-over-3000-miles-in-a-self-driving-car\" target=\"_blank\" rel=\"noopener\">a 48-mile ride-along\u003c/a>. Harris said the system performed “safely and competently,” though Levandowski was forced to take control of the self-driving Prius at one point because it “failed to merge into busy traffic.”\u003c/p>\n\u003cp>What can go wrong in a merge?\u003c/p>\n\u003cp>The Pronto video, brief as it is, shows one harrowing example, a little more than 40 minutes into the trip, as Levandowski and his Prius attempt to merge onto eastbound Interstate 80 off of Highway 37 in Vallejo.\u003c/p>\n\u003cp>As the Prius heads up the ramp – and up a moderately steep grade where entering vehicles are required to merge left as the number of freeway lanes is reduced gradually from six to four – the vehicle briefly accelerates to 72 mph. However, the Prius remains in the far right lane to the point where it ends and the vehicle is forced to move to the left. By that time, the vehicle is rapidly overtaking a much-slower-moving dump truck.\u003c/p>\n\u003cp>One imagines this was an “oh, shit” moment for Levandowski, who was at the outset of a 3,100-mile trip in which he hoped not to touch the vehicle’s controls except when he needed to gas up, pee or sleep.\u003c/p>\n\u003cp>What the car did, apparently with no input from him, was brake dramatically on the freeway – slowing to just 17 mph, according to the video – to avoid rear-ending the truck. The video doesn’t show whether there was traffic immediately behind the Prius or whether other vehicles were also required to slow down. Eventually, the merge was completed and the Prius went on its way.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">B\u003c/span>\u003c/p>\u003cp>eyond depicting the apparently successful road trip, the Pronto video carries another message that may be relevant to Levandowski’s current situation and his attitude toward it.\u003c/p>\n\u003cp>The message comes in the video’s sonorous voiceover. An unidentified, uncredited voice intones words identified at the end only as “poetry by Charles Bukowski.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"vimeo-player\" src=\"https://player.vimeo.com/video/306969319\" width=\"800\" height=\"450\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>In fact, the audio of the reading is borrowed from \u003ca href=\"https://www.youtube.com/user/SpokenVerse\" target=\"_blank\" rel=\"noopener\">Tom O’Bedlam\u003c/a>, a sort of YouTube \u003ca href=\"https://www.rogerebert.com/rogers-journal/youtube-and-the-cinnamon-peeler\" target=\"_blank\" rel=\"noopener\">cult figure\u003c/a> known for his taste in verse and his memorable reading style.\u003c/p>\n\u003cp>The “poetry by Charles Bukowski” is a mash-up of two well-known pieces, “\u003ca href=\"https://thebestamericanpoetry.typepad.com/the_best_american_poetry/2008/11/the-laughing-he.html\" target=\"_blank\" rel=\"noopener\">The Laughing Heart\u003c/a>” and “\u003ca href=\"https://wordsfortheyear.com/2014/04/08/roll-the-dice/\" target=\"_blank\" rel=\"noopener\">Roll the Dice\u003c/a>,” by the late Los Angeles poet. Both poems speak of the necessity of seizing the day and making one’s life count for something. The latter piece, too, talks about pursuing dreams regardless of the cost.\u003c/p>\n\u003cp>We’re guessing the poetry was chosen and hacked together because of the line “if you’re going to try, go all the way” — you know, like the Prius in the video as it completes its cross-country ramble in the unromantic morass of a morning commute into New York City.\u003c/p>\n\u003cp>But the lines that get your attention, read in funereal tones over video images of Levandowski’s vehicle racing across the United States in frantically sped-up motion, are a little farther down:\u003c/p>\n\u003cp>“… go all the way.\u003cbr>\nthis could mean losing girlfriends,\u003cbr>\nwives, relatives, jobs and\u003cbr>\nmaybe your mind.\u003cbr>\ngo all the way.\u003cbr>\nit could mean not eating for 3 or 4 days.\u003cbr>\nit could mean freezing on a\u003cbr>\npark bench.\u003cbr>\nit could mean jail,\u003cbr>\nit could mean derision,\u003cbr>\nmockery,\u003cbr>\nisolation. …”\u003c/p>\n\u003cp>Really? Jail? Homelessness? This vision of building a self-driving vehicle could mean losing your family, livelihood, sanity and freedom?\u003c/p>\n\u003cp>You wonder if that’s where Anthony Levandowski really saw his career and life heading.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Bill That Could Upend Gig Economy Moves Forward in California Senate",
"title": "Bill That Could Upend Gig Economy Moves Forward in California Senate",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>A bill that would change the nature of work in California cleared a key hurdle on Friday, when it passed off the Senate Appropriations Committee suspense file and moved to the Senate floor. [aside label=\"The wide ramifications of AB 5\" link1=\"https://www.kqed.org/news/11769741/is-the-gig-up-what-dynamex-means-for-the-future-of-contracting-in-california,What Dynamex Means for the Future of Contracting in California\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/AB-5-Dynamex-1020x690.jpg\"]\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\">Assembly Bill 5\u003c/a> codifies a \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\">2018 California Supreme Court decision\u003c/a> that found workers who are performing core services of a business — like driving for Uber — must be classified as employees rather than contractors. That change would make them eligible not just for higher pay but for benefits, including disability and workers' compensation.\u003c/p>\n\u003cp>AB 5 now exempts numerous professions from the requirement, including doctors, dentists, hairdressers and barbers. Ride-hailing companies Uber and Lyft are calling for separate legislation to deal with workers in the gig economy.\u003c/p>\n\u003cp>If that doesn't happen, they are warning that they may \u003ca href=\"https://www.kqed.org/news/11771081/uber-lyft-funding-possible-2020-ballot-initiative-to-regulate-gig-workers\">pursue a ballot initiative\u003c/a> for California's 2020 ballot. The two transportation platform companies, along with the delivery service DoorDash, on Thursday pledged a combined $90 million to fund that potential initiative.\u003c/p>\n\u003cp>Friday was the deadline for legislation to clear fiscal committees in the Senate and Assembly. Bills that didn't make it through cannot be considered until next year.\u003c/p>\n\u003cp>\u003cb>Vaccine Exemption Oversight Passes Committee\u003c/b>\u003c/p>\n\u003cfigure id=\"attachment_11771519\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11771519\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS16169_JV0A7575-qut-800x533.jpg\" alt=\"Alexis Tjian holds her 5-year-old daughter as she receives a vaccination from Etzel Rubio at Berkeley Pediatrics. Senate Bill 276 would bar physicians from charging for vaccine exemptions, and allow the state to review certain exemptions that have been granted.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS16169_JV0A7575-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS16169_JV0A7575-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS16169_JV0A7575-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS16169_JV0A7575-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS16169_JV0A7575-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Alexis Tjian holds her 5-year-old daughter as she receives a vaccination from Etzel Rubio at Berkeley Pediatrics. Senate Bill 276 would bar physicians from charging for vaccine exemptions, and allow the state to review certain exemptions that have already been granted. \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In the Assembly on Friday, the Appropriations Committee hearing was briefly interrupted by protesters of a bill that would add state oversight to vaccine exemptions.\u003c/p>\n\u003cp>That legislation, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB276\">Senate Bill 276\u003c/a>, passed the committee, but opponents continued their protest for the rest of the meeting — forcing chair Lorena Gonzalez to read the fate of dozens of other bills over their chants of disapproval.\u003c/p>\n\u003cp>Currently, schoolchildren are only allowed an exemption from vaccinations if approved by a physician.\u003c/p>\n\u003cp>SB 276 would bar physicians from charging for these exemptions, and allow the state to review certain exemptions that have been granted. The vaccine legislation has led to contentious hearings throughout its legislative journey, and last week an opponent was \u003ca href=\"https://www.kqed.org/news/11768991/anti-vaccine-activist-assaults-state-sen-richard-pan-posts-video-to-facebook\" target=\"_blank\" rel=\"noopener\">arrested for assaulting bill author Richard Pan\u003c/a>, D-Sacramento.\u003c/p>\n\u003cp>\u003cstrong>Paper Receipt Ban Was a Step Too Far\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_11771594\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11771594\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/kevin-eckery-calmatters-800x566.jpg\" alt=\"Carol Dahmen poses with a receipt that's more than 4 feet long — for the purchase of a single item. \" width=\"800\" height=\"566\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/kevin-eckery-calmatters-800x566.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/kevin-eckery-calmatters-160x113.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/kevin-eckery-calmatters.jpg 1020w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Carol Dahmen poses with a receipt that's more than 4 feet long — for the purchase of a single item. \u003ccite>(Kevin Eckery/CALmatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Body-length receipts have come out on top ― for now. A Legislative committee voted against sending to the Senate floor \u003ca href=\"https://www.kqed.org/news/11734654/skip-the-slip-california-lawmaker-wants-email-receipts-to-replace-paper-ones\" target=\"_blank\" rel=\"noopener\">a bill that would have banned paper receipts unless requested by a customer\u003c/a>.\u003c/p>\n\u003cp>Democratic Sen. Anthony Portantino, chairman of the legislative committee that blocked AB 161 on Friday, said some retailers use the receipts for quality control, and he noted people like to get the coupons that sometimes come with their purchase.\u003c/p>\n\u003cp>The Legislature will consider hundreds of bills before it adjourns for the year on Sept. 13.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\">Assembly Bill 5\u003c/a> codifies a \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\">2018 California Supreme Court decision\u003c/a> that found workers who are performing core services of a business — like driving for Uber — must be classified as employees rather than contractors. That change would make them eligible not just for higher pay but for benefits, including disability and workers' compensation.\u003c/p>\n\u003cp>AB 5 now exempts numerous professions from the requirement, including doctors, dentists, hairdressers and barbers. Ride-hailing companies Uber and Lyft are calling for separate legislation to deal with workers in the gig economy.\u003c/p>\n\u003cp>If that doesn't happen, they are warning that they may \u003ca href=\"https://www.kqed.org/news/11771081/uber-lyft-funding-possible-2020-ballot-initiative-to-regulate-gig-workers\">pursue a ballot initiative\u003c/a> for California's 2020 ballot. The two transportation platform companies, along with the delivery service DoorDash, on Thursday pledged a combined $90 million to fund that potential initiative.\u003c/p>\n\u003cp>Friday was the deadline for legislation to clear fiscal committees in the Senate and Assembly. Bills that didn't make it through cannot be considered until next year.\u003c/p>\n\u003cp>\u003cb>Vaccine Exemption Oversight Passes Committee\u003c/b>\u003c/p>\n\u003cfigure id=\"attachment_11771519\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11771519\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS16169_JV0A7575-qut-800x533.jpg\" alt=\"Alexis Tjian holds her 5-year-old daughter as she receives a vaccination from Etzel Rubio at Berkeley Pediatrics. Senate Bill 276 would bar physicians from charging for vaccine exemptions, and allow the state to review certain exemptions that have been granted.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS16169_JV0A7575-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS16169_JV0A7575-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS16169_JV0A7575-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS16169_JV0A7575-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS16169_JV0A7575-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Alexis Tjian holds her 5-year-old daughter as she receives a vaccination from Etzel Rubio at Berkeley Pediatrics. Senate Bill 276 would bar physicians from charging for vaccine exemptions, and allow the state to review certain exemptions that have already been granted. \u003ccite>(Jeremy Raff/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In the Assembly on Friday, the Appropriations Committee hearing was briefly interrupted by protesters of a bill that would add state oversight to vaccine exemptions.\u003c/p>\n\u003cp>That legislation, \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB276\">Senate Bill 276\u003c/a>, passed the committee, but opponents continued their protest for the rest of the meeting — forcing chair Lorena Gonzalez to read the fate of dozens of other bills over their chants of disapproval.\u003c/p>\n\u003cp>Currently, schoolchildren are only allowed an exemption from vaccinations if approved by a physician.\u003c/p>\n\u003cp>SB 276 would bar physicians from charging for these exemptions, and allow the state to review certain exemptions that have been granted. The vaccine legislation has led to contentious hearings throughout its legislative journey, and last week an opponent was \u003ca href=\"https://www.kqed.org/news/11768991/anti-vaccine-activist-assaults-state-sen-richard-pan-posts-video-to-facebook\" target=\"_blank\" rel=\"noopener\">arrested for assaulting bill author Richard Pan\u003c/a>, D-Sacramento.\u003c/p>\n\u003cp>\u003cstrong>Paper Receipt Ban Was a Step Too Far\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_11771594\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11771594\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/kevin-eckery-calmatters-800x566.jpg\" alt=\"Carol Dahmen poses with a receipt that's more than 4 feet long — for the purchase of a single item. \" width=\"800\" height=\"566\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/kevin-eckery-calmatters-800x566.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/kevin-eckery-calmatters-160x113.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/kevin-eckery-calmatters.jpg 1020w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Carol Dahmen poses with a receipt that's more than 4 feet long — for the purchase of a single item. \u003ccite>(Kevin Eckery/CALmatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Body-length receipts have come out on top ― for now. A Legislative committee voted against sending to the Senate floor \u003ca href=\"https://www.kqed.org/news/11734654/skip-the-slip-california-lawmaker-wants-email-receipts-to-replace-paper-ones\" target=\"_blank\" rel=\"noopener\">a bill that would have banned paper receipts unless requested by a customer\u003c/a>.\u003c/p>\n\u003cp>Democratic Sen. Anthony Portantino, chairman of the legislative committee that blocked AB 161 on Friday, said some retailers use the receipts for quality control, and he noted people like to get the coupons that sometimes come with their purchase.\u003c/p>\n\u003cp>The Legislature will consider hundreds of bills before it adjourns for the year on Sept. 13.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>Ride-hailing companies Uber and Lyft on Thursday announced they are putting $30 million each into a campaign account for a possible 2020 California ballot initiative to regulate so-called gig economy workers.\u003c/p>\n\u003cp>Uber Chief Legal Officer Tony West said the companies will pursue a ballot measure if the Legislature doesn’t take action on its own — but he said the ballot measure isn’t the company’s first preference.\u003c/p>\n\u003cp>“That is a reluctant second choice,” he said. “We don’t think that is the best use of funds. We don’t think that is the best alternative. We think negotiating a historic deal with the right stakeholders around the table in this legislative session is the best path forward.”\u003c/p>\n\u003cp>DoorDash also announced a $30 million “initial commitment” later on Thursday afternoon.\u003c/p>\n\u003cp>[aside label=\"Is the 'Gig' Up?\" link1=\"https://www.kqed.org/news/11769741/is-the-gig-up-what-dynamex-means-for-the-future-of-contracting-in-california,What Dynamex Means for the Future of Contracting in California\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/AB-5-Dynamex-1020x690.jpg\"]\u003c/p>\n\u003cp>Gig economy companies are facing pressure to update their employment model after the 2018 \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\">California Supreme Court Dynamex decision\u003c/a> that changes who can be classified as an employee versus a contractor. \u003c/p>\n\u003cp>That decision stated that if a worker performs a core function for a business — like driving for Uber — that worker must be classified as an employee.\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\">Assembly Bill 5\u003c/a>, currently in the Legislature, would codify that ruling. The Senate Appropriations Committee is expected to decide on Friday whether the bill will advance further through the Legislature and face a vote on the Senate floor.\u003c/p>\n\u003cp>AB 5 author Lorena Gonzalez (D, San Diego) said tech companies shouldn’t get to create their own rules for workers.\u003c/p>\n\u003cp>“No company, no corporation, no type of employment is so special that they get to absolve themselves of basic labor laws,” she said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>However, ride-hailing advocates point out AB 5 does contain numerous exemptions for industries that use a contractor model. Uber and Lyft have been negotiating with Gov. Gavin Newsom’s administration for legislation outside of AB 5 that would clarify their industry regulations. \u003c/p>\n\u003cp>West said the state can provide a new model for gig workers.\u003c/p>\n\u003cp>“We have the opportunity in California to modernize the legal framework on how independent workers in the gig economy are treated,” he said.\u003c/p>\n\u003cp>Any new bill that would give ride-hailing companies what they want in this legislative session would need to be fast-tracked. The session ends for the year in two weeks.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Ride-hailing companies Uber and Lyft on Thursday announced they are putting $30 million each into a campaign account for a possible 2020 California ballot initiative to regulate so-called gig economy workers.\u003c/p>\n\u003cp>Uber Chief Legal Officer Tony West said the companies will pursue a ballot measure if the Legislature doesn’t take action on its own — but he said the ballot measure isn’t the company’s first preference.\u003c/p>\n\u003cp>“That is a reluctant second choice,” he said. “We don’t think that is the best use of funds. We don’t think that is the best alternative. We think negotiating a historic deal with the right stakeholders around the table in this legislative session is the best path forward.”\u003c/p>\n\u003cp>DoorDash also announced a $30 million “initial commitment” later on Thursday afternoon.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gig economy companies are facing pressure to update their employment model after the 2018 \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\">California Supreme Court Dynamex decision\u003c/a> that changes who can be classified as an employee versus a contractor. \u003c/p>\n\u003cp>That decision stated that if a worker performs a core function for a business — like driving for Uber — that worker must be classified as an employee.\u003c/p>\n\u003cp>\u003ca href=\"http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\">Assembly Bill 5\u003c/a>, currently in the Legislature, would codify that ruling. The Senate Appropriations Committee is expected to decide on Friday whether the bill will advance further through the Legislature and face a vote on the Senate floor.\u003c/p>\n\u003cp>AB 5 author Lorena Gonzalez (D, San Diego) said tech companies shouldn’t get to create their own rules for workers.\u003c/p>\n\u003cp>“No company, no corporation, no type of employment is so special that they get to absolve themselves of basic labor laws,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>However, ride-hailing advocates point out AB 5 does contain numerous exemptions for industries that use a contractor model. Uber and Lyft have been negotiating with Gov. Gavin Newsom’s administration for legislation outside of AB 5 that would clarify their industry regulations. \u003c/p>\n\u003cp>West said the state can provide a new model for gig workers.\u003c/p>\n\u003cp>“We have the opportunity in California to modernize the legal framework on how independent workers in the gig economy are treated,” he said.\u003c/p>\n\u003cp>Any new bill that would give ride-hailing companies what they want in this legislative session would need to be fast-tracked. The session ends for the year in two weeks.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>[dropcap]D[/dropcap]o you freelance in California? Have a side hustle? Drive trucks? Work on political campaigns? Then you may want to pay attention to a major employment fight coming to a head in Sacramento.\u003c/p>\n\u003cp>The state Legislature is currently considering \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\" target=\"_blank\" rel=\"noopener\">Assembly Bill 5\u003c/a>, which would make it harder to classify workers as independent contractors, officially codifying a sweeping 2018 California Supreme Court decision. The so-called \u003ca href=\"https://calmatters.org/articles/companies-beg-for-relief-from-pro-labor-gig-worker-ruling/\" target=\"_blank\" rel=\"noopener\">Dynamex bill\u003c/a>, supported by organized labor and named for the court case, has made headlines for threatening on-demand business models made popular by the likes of Uber, DoorDash and Postmates.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Veena Dubal, UC Hastings law professor\"]‘It’s pretty clear that most workers in the gig economy need labor and employment law protections under California law.’[/pullquote]\u003c/p>\n\u003cp>Earlier this week, Lyft and Uber drivers caravaned across the state to show their support for the bill, \u003ca href=\"https://www.kqed.org/news/11770427/uber-lyft-drivers-rally-in-s-f-in-support-of-controversial-gig-employee-bill\">rallying\u003c/a> in front of Uber headquarters in San Francisco and calling for the right to unionize.\u003c/p>\n\u003cp>This Friday, the Senate Appropriations Committee is expected to decide whether the bill will advance further through the Legislature and face a vote on the Senate floor.\u003c/p>\n\u003cp>AB 5 could affect some 2 million workers in industries far from the so-called gig economy or the tech sector, from general contractors to \u003ca href=\"https://www.kqed.org/news/11737567/strippers-clash-over-employment-status-in-dueling-l-a-protests\" target=\"_blank\" rel=\"noopener\">strippers\u003c/a>. The proposed legislation would rewrite the rules not just for workers, but also for employers, like media outlets (including KQED), winemakers, private investigators or music schools.\u003c/p>\n\u003cp>“Does AB 5 have very wide repercussions? Yes, that’s what makes the negotiations very complicated,” said labor rights attorney Bill Sokol, who teaches employment law at San Francisco State University and is not a part of the negotiations.\u003c/p>\n\u003cp>[aside label=\"related stories\" tag=\"gig-economy\"]\u003c/p>\n\u003cp>AB 5 has put Gov. Gavin Newsom, who wants to be viewed as an ally to both labor and tech, \u003ca href=\"https://www.sfchronicle.com/politics/article/Gavin-Newsom-dodges-taking-a-stand-on-14047109.php?psid=4CZ4T\" target=\"_blank\" rel=\"noopener\">in an awkward position.\u003c/a>\u003c/p>\n\u003cp>Opposing the bill are mainstream businesses that have banded together with some in the gig economy to wage an \u003ca href=\"https://imindependent.co/\" target=\"_blank\" rel=\"noopener\">“I’m Independent”\u003c/a> campaign against it.\u003c/p>\n\u003cp>Lobbying heavily in favor of the bill is organized labor, which wants to see gig economy workers get workplace protections, including the right to collective bargaining.\u003c/p>\n\u003cp>California has long led the nation on employment practices, and the Dynamex bill may be just the beginning as policymakers wrestle with updating labor codes for a changing workplace.\u003c/p>\n\u003cp>“Everything is up for grabs,” Sokol said. “There’s no way to predict who’s going to end up with what. But labor recognizes that the American workplace they have traditionally organized — those worker relationships — have changed, and the laws have not kept up with them.”\u003c/p>\n\u003ch3>What was the Dynamex decision all about?\u003c/h3>\n\u003cp>The state Supreme Court decision in \u003ca href=\"https://www.courts.ca.gov/opinions/archive/S222732.PDF\" target=\"_blank\" rel=\"noopener\">Dynamex Operations West, Inc. v. Superior Court of Los Angeles\u003c/a> dealt with a same-day courier service that, to save money, had converted all its employees into independent contractors. A former employee claimed the shift was a state Labor Code violation, and the litigation that ensued ended up reinterpreting how workers are classified. The ruling established a three-part test for certifying independent contractors.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4>The Dynamex ABC Test\u003cbr>\n\u003cbr>\u003c/h4>\n\u003cp>A) The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; \u003cem>and\u003c/em>\u003c/p>\n\u003cp>B) The worker performs work that is outside the usual course of the hiring entity’s business; \u003cem>and\u003c/em>\u003c/p>\n\u003cp>C) The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hirer.\u003c/p>\n\u003c/aside>\n\u003cp>Even though the Dynamex decision is already law, labor representatives say many companies have been flouting it. AB 5 would ensure that workers would not have to file suit on a case-by-case basis to seek enforcement.\u003c/p>\n\u003cp>“There’s a whole bunch of things that they’re currently being cheated out of, frankly,” said Steve Smith with the Labor Federation. “With respect to Uber and Lyft, it’s the exploitation they subject their workers to on a daily basis. Many of these workers are not receiving minimum wage. They are misclassified as contractors when they actually should be considered employees, meaning there’s a whole host of benefits they’re not getting that they should get like everyone else.”\u003c/p>\n\u003cp>In steering more workers to employee status, the bill would force companies to offer basic worker protections that contractors don’t currently receive, such as guaranteed minimum wage, overtime pay, contributions to Social Security and Medicare, and unemployment and disability insurance. Those workers would also be eligible for workers’ compensation, sick and family leave and would be protected from discrimination at work, none of which are currently afforded to contractors.\u003c/p>\n\u003cp>“It’s a really important bill. States all over the country are watching to see what happens,” said Veena Dubal, a UC Hastings employment law professor, who spent several years representing San Francisco taxi drivers. “It’s pretty clear that most workers in the gig economy need labor and employment law protections under California law. … It’s vital that we have legal analysis that is clear both to businesses and workers so there’s less ambiguity.”\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Jennifer Barrera, California Chamber of Commerce\"]‘We have a huge group of individuals who really value their flexibility and control over their own schedule and I don’t think it has to be one or the other.’[/pullquote]\u003c/p>\n\u003cp>The state estimates it loses about \u003ca href=\"https://doc-0o-2c-apps-viewer.googleusercontent.com/viewer/secure/pdf/5kl0815j43d7pmccu5rm1nkdu5n97vtk/k78ohtjvmpriqu94toehk5vasugk1or8/1561398375000/gmail/12954669112312320069/ACFrOgCqTnPx2m9ygcyL_K7HjnqRWqbcoV4Y7z8aWyyKuEzX_tSdhj74hCCpDeNj8FN7h9FivoRreI\" target=\"_blank\" rel=\"noopener\">$7 billion\u003c/a> a year in payroll tax revenue due to worker misclassification — money that could be supporting schools, roads and other public services. And by avoiding unemployment insurance taxes and workers’ compensation premiums, businesses shift the burden to the state when workers get laid off, sick or injured on the job.\u003c/p>\n\u003cp>“These billion dollar companies can complain, but we have to ask ourselves as taxpayers: Should we subsidize their business by subsidizing their workers?” said Democratic Assemblywoman Lorena Gonzalez, a former labor organizer from San Diego who introduced the bill.\u003c/p>\n\u003cp>Gonzalez dismisses the idea, often touted by opponents, that Uber and Lyft will flee California if forced to reclassify their workers as employees. More likely, she predicts, Uber and Lyft will make the changes required by law because there’s a massive market for transporting individuals and goods in California, the fifth-largest economy in the world. And if they can’t swing it, then someone else will, she has said.\u003c/p>\n\u003ch3>Where do labor and business groups stand?\u003c/h3>\n\u003cfigure id=\"attachment_11769747\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11769747\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1-800x1485.jpg\" alt=\"It's not just Uber and Lyft drivers whose jobs would be reclassified.\" width=\"800\" height=\"1485\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1-800x1485.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1-160x297.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1-1020x1893.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1-646x1200.jpg 646w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1-1920x3564.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1.jpg 1103w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">It’s not just Uber and Lyft drivers whose jobs would be reclassified. \u003ccite>(CALmatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Labor groups, led by the 2 million-member California Labor Federation, have united behind legislation. Their contention is that the gig economy has opened the door to mass exploitation of low-wage workers, a trend that is worsening income inequality.\u003c/p>\n\u003cp>But business advocates warn that the change would dramatically increase labor costs in California and have dire consequences for the state’s economy.\u003c/p>\n\u003cp>“We have a completely different economy,” said Jennifer Barrera, executive vice president of the California Chamber of Commerce. “We have a huge group of individuals who really value their flexibility and control over their own schedule and I don’t think it has to be one or the other.”\u003c/p>\n\u003cp>As for Uber and Lyft, the rideshare companies have sought compromise and held backchannel negotiations with the Teamsters and Service Employees International Union.\u003c/p>\n\u003cp>Their hope is to carve out a way to allow employers to grant some benefits without having to categorize workers as full employees.\u003c/p>\n\u003cp>In an \u003ca href=\"//www.sfchronicle.com/opinion/openforum/article/Open-Forum-Uber-Lyft-ready-to-do-our-part-for-13969843.php\">open letter\u003c/a>, Uber Chief Executive Dara Khosrowshahi and Lyft co-founders Logan Green and John Zimmer proposed maintaining their drivers’ freelance status but granting access to some employee benefits such as paid time off and retirement accounts. The executives, whose combined worth is over $1 billion, have also offered to form a new driver association to advocate for drivers’ interests.\u003c/p>\n\u003cp>“We are public companies that tens of millions of people rely on for mobility and work,” they wrote. “If there ever was a time for new policies, it’s now.”\u003c/p>\n\u003cfigure id=\"attachment_11770516\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11770516\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38761__M6A2496-qut-1-800x502.jpg\" alt='Taking care of his mother and family, Uber and Lyft driver Malik Ali calls on Uber CEO Dara Khosrowshahi to help drivers keep a living wage. \"You see one driver but you don’t see the family behind. At least give us our share. I have to work every day, because of the strict rules for the driver, which is ripping us off. I can’t afford to miss days to pay my rent. They don’t see the family behind us.”' width=\"800\" height=\"502\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38761__M6A2496-qut-1-800x502.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38761__M6A2496-qut-1-160x100.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38761__M6A2496-qut-1-1020x640.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38761__M6A2496-qut-1-1200x753.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38761__M6A2496-qut-1.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Taking care of his mother and family, Uber and Lyft driver Malik Ali calls on Uber CEO Dara Khosrowshahi to help drivers keep a living wage. “You see one driver but you don’t see the family behind. At least give us our share. I have to work every day, because of the strict rules for the driver, which is ripping us off. I can’t afford to miss days to pay my rent. They don’t see the family behind us.” \u003ccite>(Sruti Mamidanna/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>On the other side are drivers like 62-year-old Ann Glatt, who joined the \u003ca href=\"https://www.gigworkersrising.org/\">Gig Workers Rising\u003c/a> movement after noticing her share of fares declining over time with Lyft. She said she was lucky to make $700 a week and would like to see changes to how drivers like herself are categorized.\u003c/p>\n\u003cp>“Teachers are in unions. We’re not able to unionize because we’re independent contractors,” Glatt said.\u003c/p>\n\u003cp>She added that how companies describe their drivers can be misleading.\u003c/p>\n\u003cp>“Uber and Lyft are not transportation companies — they are platforms,” she said. “So that makes us customers and the passengers are the end user. But really it kinda just means Uber and Lyft are not responsible for basic labor standards for people.”\u003c/p>\n\u003cp>In a follow-up interview, Glatt said she stopped driving for Lyft because she wasn’t able to make ends meet.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>What about more traditional industries?\u003c/h3>\n\u003cp>The impact of the Dynamex court ruling has been felt far more broadly than many Californians had expected, and AB 5 ‘s impact could be similarly widespread.\u003c/p>\n\u003cp>Gonzalez said she’s heard from newspaper publishers who want to keep using freelance journalists and beauty salons that rely on nail technicians. Her bill has even rattled folks in the world of politics, because it would reclassify campaign workers as employees instead of contractors.\u003c/p>\n\u003cp>Weighing in against the new rules are also representatives of the construction and trucking industries.\u003c/p>\n\u003cp>Peter Tateishi, CEO of the Associated General Contractors of California, which represents construction firms, said the bill would disadvantage small businesses, including many women-owned and minority-owned shops, because the builders that have long hired them as subcontractors won’t be able to do so anymore.\u003c/p>\n\u003cp>The trucking industry has \u003ca href=\"https://www.truckinginfo.com/328560/lawsuit-challenging-california-independent-contractor-rule-dismissed\" target=\"_blank\" rel=\"noopener\">challenged\u003c/a> the Dynamex decision in federal court, arguing that federal laws governing motor carriers preempt the state test.\u003c/p>\n\u003cfigure id=\"attachment_11769749\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11769749\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3-800x1665.jpg\" alt=\"Business interests are pressing for more exemptions to AB 5.\" width=\"800\" height=\"1665\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3-800x1665.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3-160x333.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3-1020x2123.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3-576x1200.jpg 576w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3-1920x3997.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3.jpg 984w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Business interests are pressing for more exemptions to AB 5. \u003ccite>(CALmatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Chris Shimoda, vice president of government affairs for the California Trucking Association, says trucking has long been a career option for those without advanced degrees. About 80% of drivers in the industry have a high school education or less, he said.\u003c/p>\n\u003cp>But under Dynamex’s rules, truck drivers who own their own $150,000 Class 8 heavy duty trucks may start finding it difficult to get work.\u003c/p>\n\u003cp>“We all agree there should be a pathway, especially for the blue-collar working class to rise up the economic ladder,” Shimoda said. “If there are specific things that have been abused, then what are those and how do we reconcile that through this bill?”\u003c/p>\n\u003ch3>Will some industries be exempt?\u003c/h3>\n\u003cp>Lawmakers and lobbyists are continuing to negotiate the details of the Dynamex bill. So far, Gonzalez has agreed to exempt doctors, insurance and real estate agents, hair stylists and barbers who hold a booth rental permit, dentists, architects, engineers and accountants out of the law.\u003c/p>\n\u003cp>But business interests are pressing for more exemptions. Barrera of CalChamber said the organization would also like to carve out licensed occupations like court reporters and family therapists.\u003c/p>\n\u003cp>While Gonzalez said she intends to sort through more requests, the exemptions will need to stop at some point.\u003c/p>\n\u003cp>“I have a driver’s license,” she said. “That doesn’t make me a business owner.”\u003c/p>\n\u003cp>\u003cem>KQED’s Matthew Green contributed reporting to this article.\u003c/em>\u003c/p>\n\u003cp>\u003cem>CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "A California bill threatens the likes of Uber, Lyft, Postmates and DoorDash. But Assembly Bill 5 could also sweep up some 2 million workers from truck drivers and general contractors to strippers and nail salons.",
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"title": "Is the 'Gig' Up? What Dynamex Means for the Future of Contracting in California | KQED",
"description": "A California bill threatens the likes of Uber, Lyft, Postmates and DoorDash. But Assembly Bill 5 could also sweep up some 2 million workers from truck drivers and general contractors to strippers and nail salons.",
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"nprByline": "\u003ca href=\"https://calmatters.org/author/judy-lin/\">Judy Lin\u003c/a>\u003cbr>CalMatters",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">D\u003c/span>\u003c/p>\u003cp>o you freelance in California? Have a side hustle? Drive trucks? Work on political campaigns? Then you may want to pay attention to a major employment fight coming to a head in Sacramento.\u003c/p>\n\u003cp>The state Legislature is currently considering \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\" target=\"_blank\" rel=\"noopener\">Assembly Bill 5\u003c/a>, which would make it harder to classify workers as independent contractors, officially codifying a sweeping 2018 California Supreme Court decision. The so-called \u003ca href=\"https://calmatters.org/articles/companies-beg-for-relief-from-pro-labor-gig-worker-ruling/\" target=\"_blank\" rel=\"noopener\">Dynamex bill\u003c/a>, supported by organized labor and named for the court case, has made headlines for threatening on-demand business models made popular by the likes of Uber, DoorDash and Postmates.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘It’s pretty clear that most workers in the gig economy need labor and employment law protections under California law.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Earlier this week, Lyft and Uber drivers caravaned across the state to show their support for the bill, \u003ca href=\"https://www.kqed.org/news/11770427/uber-lyft-drivers-rally-in-s-f-in-support-of-controversial-gig-employee-bill\">rallying\u003c/a> in front of Uber headquarters in San Francisco and calling for the right to unionize.\u003c/p>\n\u003cp>This Friday, the Senate Appropriations Committee is expected to decide whether the bill will advance further through the Legislature and face a vote on the Senate floor.\u003c/p>\n\u003cp>AB 5 could affect some 2 million workers in industries far from the so-called gig economy or the tech sector, from general contractors to \u003ca href=\"https://www.kqed.org/news/11737567/strippers-clash-over-employment-status-in-dueling-l-a-protests\" target=\"_blank\" rel=\"noopener\">strippers\u003c/a>. The proposed legislation would rewrite the rules not just for workers, but also for employers, like media outlets (including KQED), winemakers, private investigators or music schools.\u003c/p>\n\u003cp>“Does AB 5 have very wide repercussions? Yes, that’s what makes the negotiations very complicated,” said labor rights attorney Bill Sokol, who teaches employment law at San Francisco State University and is not a part of the negotiations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>AB 5 has put Gov. Gavin Newsom, who wants to be viewed as an ally to both labor and tech, \u003ca href=\"https://www.sfchronicle.com/politics/article/Gavin-Newsom-dodges-taking-a-stand-on-14047109.php?psid=4CZ4T\" target=\"_blank\" rel=\"noopener\">in an awkward position.\u003c/a>\u003c/p>\n\u003cp>Opposing the bill are mainstream businesses that have banded together with some in the gig economy to wage an \u003ca href=\"https://imindependent.co/\" target=\"_blank\" rel=\"noopener\">“I’m Independent”\u003c/a> campaign against it.\u003c/p>\n\u003cp>Lobbying heavily in favor of the bill is organized labor, which wants to see gig economy workers get workplace protections, including the right to collective bargaining.\u003c/p>\n\u003cp>California has long led the nation on employment practices, and the Dynamex bill may be just the beginning as policymakers wrestle with updating labor codes for a changing workplace.\u003c/p>\n\u003cp>“Everything is up for grabs,” Sokol said. “There’s no way to predict who’s going to end up with what. But labor recognizes that the American workplace they have traditionally organized — those worker relationships — have changed, and the laws have not kept up with them.”\u003c/p>\n\u003ch3>What was the Dynamex decision all about?\u003c/h3>\n\u003cp>The state Supreme Court decision in \u003ca href=\"https://www.courts.ca.gov/opinions/archive/S222732.PDF\" target=\"_blank\" rel=\"noopener\">Dynamex Operations West, Inc. v. Superior Court of Los Angeles\u003c/a> dealt with a same-day courier service that, to save money, had converted all its employees into independent contractors. A former employee claimed the shift was a state Labor Code violation, and the litigation that ensued ended up reinterpreting how workers are classified. The ruling established a three-part test for certifying independent contractors.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4>The Dynamex ABC Test\u003cbr>\n\u003cbr>\u003c/h4>\n\u003cp>A) The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; \u003cem>and\u003c/em>\u003c/p>\n\u003cp>B) The worker performs work that is outside the usual course of the hiring entity’s business; \u003cem>and\u003c/em>\u003c/p>\n\u003cp>C) The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hirer.\u003c/p>\n\u003c/aside>\n\u003cp>Even though the Dynamex decision is already law, labor representatives say many companies have been flouting it. AB 5 would ensure that workers would not have to file suit on a case-by-case basis to seek enforcement.\u003c/p>\n\u003cp>“There’s a whole bunch of things that they’re currently being cheated out of, frankly,” said Steve Smith with the Labor Federation. “With respect to Uber and Lyft, it’s the exploitation they subject their workers to on a daily basis. Many of these workers are not receiving minimum wage. They are misclassified as contractors when they actually should be considered employees, meaning there’s a whole host of benefits they’re not getting that they should get like everyone else.”\u003c/p>\n\u003cp>In steering more workers to employee status, the bill would force companies to offer basic worker protections that contractors don’t currently receive, such as guaranteed minimum wage, overtime pay, contributions to Social Security and Medicare, and unemployment and disability insurance. Those workers would also be eligible for workers’ compensation, sick and family leave and would be protected from discrimination at work, none of which are currently afforded to contractors.\u003c/p>\n\u003cp>“It’s a really important bill. States all over the country are watching to see what happens,” said Veena Dubal, a UC Hastings employment law professor, who spent several years representing San Francisco taxi drivers. “It’s pretty clear that most workers in the gig economy need labor and employment law protections under California law. … It’s vital that we have legal analysis that is clear both to businesses and workers so there’s less ambiguity.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The state estimates it loses about \u003ca href=\"https://doc-0o-2c-apps-viewer.googleusercontent.com/viewer/secure/pdf/5kl0815j43d7pmccu5rm1nkdu5n97vtk/k78ohtjvmpriqu94toehk5vasugk1or8/1561398375000/gmail/12954669112312320069/ACFrOgCqTnPx2m9ygcyL_K7HjnqRWqbcoV4Y7z8aWyyKuEzX_tSdhj74hCCpDeNj8FN7h9FivoRreI\" target=\"_blank\" rel=\"noopener\">$7 billion\u003c/a> a year in payroll tax revenue due to worker misclassification — money that could be supporting schools, roads and other public services. And by avoiding unemployment insurance taxes and workers’ compensation premiums, businesses shift the burden to the state when workers get laid off, sick or injured on the job.\u003c/p>\n\u003cp>“These billion dollar companies can complain, but we have to ask ourselves as taxpayers: Should we subsidize their business by subsidizing their workers?” said Democratic Assemblywoman Lorena Gonzalez, a former labor organizer from San Diego who introduced the bill.\u003c/p>\n\u003cp>Gonzalez dismisses the idea, often touted by opponents, that Uber and Lyft will flee California if forced to reclassify their workers as employees. More likely, she predicts, Uber and Lyft will make the changes required by law because there’s a massive market for transporting individuals and goods in California, the fifth-largest economy in the world. And if they can’t swing it, then someone else will, she has said.\u003c/p>\n\u003ch3>Where do labor and business groups stand?\u003c/h3>\n\u003cfigure id=\"attachment_11769747\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11769747\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1-800x1485.jpg\" alt=\"It's not just Uber and Lyft drivers whose jobs would be reclassified.\" width=\"800\" height=\"1485\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1-800x1485.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1-160x297.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1-1020x1893.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1-646x1200.jpg 646w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1-1920x3564.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-1.jpg 1103w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">It’s not just Uber and Lyft drivers whose jobs would be reclassified. \u003ccite>(CALmatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Labor groups, led by the 2 million-member California Labor Federation, have united behind legislation. Their contention is that the gig economy has opened the door to mass exploitation of low-wage workers, a trend that is worsening income inequality.\u003c/p>\n\u003cp>But business advocates warn that the change would dramatically increase labor costs in California and have dire consequences for the state’s economy.\u003c/p>\n\u003cp>“We have a completely different economy,” said Jennifer Barrera, executive vice president of the California Chamber of Commerce. “We have a huge group of individuals who really value their flexibility and control over their own schedule and I don’t think it has to be one or the other.”\u003c/p>\n\u003cp>As for Uber and Lyft, the rideshare companies have sought compromise and held backchannel negotiations with the Teamsters and Service Employees International Union.\u003c/p>\n\u003cp>Their hope is to carve out a way to allow employers to grant some benefits without having to categorize workers as full employees.\u003c/p>\n\u003cp>In an \u003ca href=\"//www.sfchronicle.com/opinion/openforum/article/Open-Forum-Uber-Lyft-ready-to-do-our-part-for-13969843.php\">open letter\u003c/a>, Uber Chief Executive Dara Khosrowshahi and Lyft co-founders Logan Green and John Zimmer proposed maintaining their drivers’ freelance status but granting access to some employee benefits such as paid time off and retirement accounts. The executives, whose combined worth is over $1 billion, have also offered to form a new driver association to advocate for drivers’ interests.\u003c/p>\n\u003cp>“We are public companies that tens of millions of people rely on for mobility and work,” they wrote. “If there ever was a time for new policies, it’s now.”\u003c/p>\n\u003cfigure id=\"attachment_11770516\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11770516\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38761__M6A2496-qut-1-800x502.jpg\" alt='Taking care of his mother and family, Uber and Lyft driver Malik Ali calls on Uber CEO Dara Khosrowshahi to help drivers keep a living wage. \"You see one driver but you don’t see the family behind. At least give us our share. I have to work every day, because of the strict rules for the driver, which is ripping us off. I can’t afford to miss days to pay my rent. They don’t see the family behind us.”' width=\"800\" height=\"502\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38761__M6A2496-qut-1-800x502.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38761__M6A2496-qut-1-160x100.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38761__M6A2496-qut-1-1020x640.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38761__M6A2496-qut-1-1200x753.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/RS38761__M6A2496-qut-1.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Taking care of his mother and family, Uber and Lyft driver Malik Ali calls on Uber CEO Dara Khosrowshahi to help drivers keep a living wage. “You see one driver but you don’t see the family behind. At least give us our share. I have to work every day, because of the strict rules for the driver, which is ripping us off. I can’t afford to miss days to pay my rent. They don’t see the family behind us.” \u003ccite>(Sruti Mamidanna/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>On the other side are drivers like 62-year-old Ann Glatt, who joined the \u003ca href=\"https://www.gigworkersrising.org/\">Gig Workers Rising\u003c/a> movement after noticing her share of fares declining over time with Lyft. She said she was lucky to make $700 a week and would like to see changes to how drivers like herself are categorized.\u003c/p>\n\u003cp>“Teachers are in unions. We’re not able to unionize because we’re independent contractors,” Glatt said.\u003c/p>\n\u003cp>She added that how companies describe their drivers can be misleading.\u003c/p>\n\u003cp>“Uber and Lyft are not transportation companies — they are platforms,” she said. “So that makes us customers and the passengers are the end user. But really it kinda just means Uber and Lyft are not responsible for basic labor standards for people.”\u003c/p>\n\u003cp>In a follow-up interview, Glatt said she stopped driving for Lyft because she wasn’t able to make ends meet.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>What about more traditional industries?\u003c/h3>\n\u003cp>The impact of the Dynamex court ruling has been felt far more broadly than many Californians had expected, and AB 5 ‘s impact could be similarly widespread.\u003c/p>\n\u003cp>Gonzalez said she’s heard from newspaper publishers who want to keep using freelance journalists and beauty salons that rely on nail technicians. Her bill has even rattled folks in the world of politics, because it would reclassify campaign workers as employees instead of contractors.\u003c/p>\n\u003cp>Weighing in against the new rules are also representatives of the construction and trucking industries.\u003c/p>\n\u003cp>Peter Tateishi, CEO of the Associated General Contractors of California, which represents construction firms, said the bill would disadvantage small businesses, including many women-owned and minority-owned shops, because the builders that have long hired them as subcontractors won’t be able to do so anymore.\u003c/p>\n\u003cp>The trucking industry has \u003ca href=\"https://www.truckinginfo.com/328560/lawsuit-challenging-california-independent-contractor-rule-dismissed\" target=\"_blank\" rel=\"noopener\">challenged\u003c/a> the Dynamex decision in federal court, arguing that federal laws governing motor carriers preempt the state test.\u003c/p>\n\u003cfigure id=\"attachment_11769749\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11769749\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3-800x1665.jpg\" alt=\"Business interests are pressing for more exemptions to AB 5.\" width=\"800\" height=\"1665\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3-800x1665.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3-160x333.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3-1020x2123.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3-576x1200.jpg 576w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3-1920x3997.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2019/08/DYNAMEX-GRAPHIC-3.jpg 984w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Business interests are pressing for more exemptions to AB 5. \u003ccite>(CALmatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Chris Shimoda, vice president of government affairs for the California Trucking Association, says trucking has long been a career option for those without advanced degrees. About 80% of drivers in the industry have a high school education or less, he said.\u003c/p>\n\u003cp>But under Dynamex’s rules, truck drivers who own their own $150,000 Class 8 heavy duty trucks may start finding it difficult to get work.\u003c/p>\n\u003cp>“We all agree there should be a pathway, especially for the blue-collar working class to rise up the economic ladder,” Shimoda said. “If there are specific things that have been abused, then what are those and how do we reconcile that through this bill?”\u003c/p>\n\u003ch3>Will some industries be exempt?\u003c/h3>\n\u003cp>Lawmakers and lobbyists are continuing to negotiate the details of the Dynamex bill. So far, Gonzalez has agreed to exempt doctors, insurance and real estate agents, hair stylists and barbers who hold a booth rental permit, dentists, architects, engineers and accountants out of the law.\u003c/p>\n\u003cp>But business interests are pressing for more exemptions. Barrera of CalChamber said the organization would also like to carve out licensed occupations like court reporters and family therapists.\u003c/p>\n\u003cp>While Gonzalez said she intends to sort through more requests, the exemptions will need to stop at some point.\u003c/p>\n\u003cp>“I have a driver’s license,” she said. “That doesn’t make me a business owner.”\u003c/p>\n\u003cp>\u003cem>KQED’s Matthew Green contributed reporting to this article.\u003c/em>\u003c/p>\n\u003cp>\u003cem>CALmatters.org is a nonprofit, nonpartisan media venture explaining California policies and politics.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "Uber, Lyft Drivers Rally in S.F. in Support of Controversial Gig Employee Bill",
"title": "Uber, Lyft Drivers Rally in S.F. in Support of Controversial Gig Employee Bill",
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"content": "\u003cp>Dozens of ride-service drivers rallied outside Uber headquarters in downtown San Francisco on Tuesday, urging lawmakers to pass controversial legislation that would classify them as employees.\u003c/p>\n\u003cp>[aside label=\"More on Dynamex\" tag=\"dynamex\"]\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\" target=\"_blank\" rel=\"noopener\">Assembly Bill 5\u003c/a> bill would make it hard for companies to classify workers as independent contractors and force them to offer basic worker protections such as guaranteed minimum wage, overtime pay, contributions to Social Security and Medicare. The so-called Dynamex bill, supported by organized labor and named for the court case, has made headlines for threatening on-demand business models made popular by the likes of Uber, Lyft, DoorDash and Postmates, \u003ca href=\"https://calmatters.org/economy/2019/06/california-dynamex-gig-worker-classification-independent-contractors-uber-lyft-strippers-truckers-freelancers/\" target=\"_blank\" rel=\"noopener\">CalMatters reported\u003c/a>.\u003c/p>\n\u003cp>Some of the protesters included Uber and Lyft drivers caravaning from Los Angeles to Sacramento, where the bill's fate will be decided on Friday.\u003c/p>\n\u003cp>One of them is Erica Mighetto, who drove down from Sacramento to join the caravan on its way up to the state Capitol. The pay for drivers on both platforms has gotten worse, she said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"Most of us can't afford to take a day off. We just want equal protections,\" Mighetto said. \"We're so isolated in our cars and part of the reason I'm here today is it's nice to see that there are people that are experiencing some of the hardships I'm experiencing.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Here are some more voices from the protests.\u003c/p>\n\u003cfigure id=\"attachment_11770522\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11770522\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38760__M6A2476-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38760__M6A2476-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38760__M6A2476-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38760__M6A2476-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38760__M6A2476-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38760__M6A2476-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Jasmin Rosas, 20, drove from Azusa in Southern California to demand benefits for her mother, Ruby Villareal, who has been driving for Uber for two years. \"She's a single mother and works 12 hours a day and has to miss family things because she's working really hard,\" she said. \"She helps me pay for college and it's just right for her to get benefits.\" \u003ccite>(Sruti Mamidanna/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11770531\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11770531\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38767__M6A2538-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38767__M6A2538-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38767__M6A2538-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38767__M6A2538-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38767__M6A2538-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38767__M6A2538-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">For ride-share drivers Erica Mighetto (left), Wayne Anderson (center) and Joe Maienschein (right), the rally was also about bringing together the working community. \"We're so isolated in our cars and part of the reason I'm here today is that it's nice to see that there are people who are experiencing some of the hardships I'm experiencing,\" Mighetto said. \u003ccite>(Sruti Mamidanna/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11770538\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11770538\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38764__M6A2515-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38764__M6A2515-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38764__M6A2515-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38764__M6A2515-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38764__M6A2515-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38764__M6A2515-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Gary Branson works full time 60 hours a week and has been living out of his car for over a year because he can't afford to pay rent due to student loan debt. \"The caravan coming up here, I'm tearing up even now, just the fact that we're not alone. There's other people out here and maybe something good can come of this.\" \u003ccite>(Sruti Mamidanna/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11770515\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11770515\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38759__M6A2447-qut-800x607.jpg\" alt=\"\" width=\"800\" height=\"607\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38759__M6A2447-qut-800x607.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38759__M6A2447-qut-160x121.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38759__M6A2447-qut-1020x774.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38759__M6A2447-qut-1200x911.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38759__M6A2447-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Uber and Lyft drivers came from around California to rally at Uber headquarters in San Francisco before heading to Sacramento to push for controversial legislation that would classify them as employees. \u003ccite>(Sruti Mamidanna/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11770566\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11770566\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38813__M6A2518-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38813__M6A2518-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38813__M6A2518-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38813__M6A2518-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38813__M6A2518-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38813__M6A2518-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Uber and Lyft drivers rally outside Uber headquarters in support of Assembly Bill 5 to become classified employees and receive basic worker protections. \u003ccite>(Sruti Mamidanna/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\" target=\"_blank\" rel=\"noopener\">Assembly Bill 5\u003c/a> bill would make it hard for companies to classify workers as independent contractors and force them to offer basic worker protections such as guaranteed minimum wage, overtime pay, contributions to Social Security and Medicare. The so-called Dynamex bill, supported by organized labor and named for the court case, has made headlines for threatening on-demand business models made popular by the likes of Uber, Lyft, DoorDash and Postmates, \u003ca href=\"https://calmatters.org/economy/2019/06/california-dynamex-gig-worker-classification-independent-contractors-uber-lyft-strippers-truckers-freelancers/\" target=\"_blank\" rel=\"noopener\">CalMatters reported\u003c/a>.\u003c/p>\n\u003cp>Some of the protesters included Uber and Lyft drivers caravaning from Los Angeles to Sacramento, where the bill's fate will be decided on Friday.\u003c/p>\n\u003cp>One of them is Erica Mighetto, who drove down from Sacramento to join the caravan on its way up to the state Capitol. The pay for drivers on both platforms has gotten worse, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"Most of us can't afford to take a day off. We just want equal protections,\" Mighetto said. \"We're so isolated in our cars and part of the reason I'm here today is it's nice to see that there are people that are experiencing some of the hardships I'm experiencing.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Here are some more voices from the protests.\u003c/p>\n\u003cfigure id=\"attachment_11770522\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11770522\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38760__M6A2476-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38760__M6A2476-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38760__M6A2476-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38760__M6A2476-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38760__M6A2476-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38760__M6A2476-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Jasmin Rosas, 20, drove from Azusa in Southern California to demand benefits for her mother, Ruby Villareal, who has been driving for Uber for two years. \"She's a single mother and works 12 hours a day and has to miss family things because she's working really hard,\" she said. \"She helps me pay for college and it's just right for her to get benefits.\" \u003ccite>(Sruti Mamidanna/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11770531\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11770531\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38767__M6A2538-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38767__M6A2538-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38767__M6A2538-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38767__M6A2538-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38767__M6A2538-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38767__M6A2538-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">For ride-share drivers Erica Mighetto (left), Wayne Anderson (center) and Joe Maienschein (right), the rally was also about bringing together the working community. \"We're so isolated in our cars and part of the reason I'm here today is that it's nice to see that there are people who are experiencing some of the hardships I'm experiencing,\" Mighetto said. \u003ccite>(Sruti Mamidanna/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11770538\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11770538\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38764__M6A2515-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38764__M6A2515-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38764__M6A2515-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38764__M6A2515-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38764__M6A2515-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38764__M6A2515-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Gary Branson works full time 60 hours a week and has been living out of his car for over a year because he can't afford to pay rent due to student loan debt. \"The caravan coming up here, I'm tearing up even now, just the fact that we're not alone. There's other people out here and maybe something good can come of this.\" \u003ccite>(Sruti Mamidanna/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11770515\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11770515\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38759__M6A2447-qut-800x607.jpg\" alt=\"\" width=\"800\" height=\"607\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38759__M6A2447-qut-800x607.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38759__M6A2447-qut-160x121.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38759__M6A2447-qut-1020x774.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38759__M6A2447-qut-1200x911.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38759__M6A2447-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Uber and Lyft drivers came from around California to rally at Uber headquarters in San Francisco before heading to Sacramento to push for controversial legislation that would classify them as employees. \u003ccite>(Sruti Mamidanna/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_11770566\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11770566\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/08/RS38813__M6A2518-qut-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38813__M6A2518-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38813__M6A2518-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38813__M6A2518-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38813__M6A2518-qut-1200x800.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/08/RS38813__M6A2518-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Uber and Lyft drivers rally outside Uber headquarters in support of Assembly Bill 5 to become classified employees and receive basic worker protections. \u003ccite>(Sruti Mamidanna/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>A former Google engineer was charged Tuesday with stealing self-driving car technology from the company shortly before he joined Uber’s efforts to catch up in the high-stakes race to build robotic vehicles.\u003c/p>\n\u003cp>The indictment filed by the U.S. attorney’s office in San Jose is an offshoot of a lawsuit filed in 2017 by Waymo, a self-driving car pioneer spun off from Google. Uber agreed to \u003ca href=\"https://www.kqed.org/news/11649025/uber-googles-waymo-settle-case-over-trade-secrets-for-self-driving-cars\" target=\"_blank\" rel=\"noopener\">settle the case for $245 million last year\u003c/a>, but the presiding judge made an unusual recommendation to open a criminal probe after seeing enough evidence to conclude a theft may have occurred.\u003c/p>\n\u003cp>Uber considered having self-driving technology crucial to survive and counter potential competitive threats from Waymo and dozens of other companies working on robotic vehicles. Uber wants to build self-driving cars so it can eliminate the need to have a human behind the wheel, one of the biggest expenses in its still-unprofitable ride-hailing service.\u003c/p>\n\u003cp>Anthony Levandowski, a pioneer in robotic vehicles, was charged with 33 counts of trade secrets theft. Each count carries a penalty of up to 10 years in prison and a $250,000 fine, or $8.25 million if convicted of all counts.\u003c/p>\n\u003cp>Miles Ehrlich, one of Levandowski’s attorneys, maintained his innocence in a statement read outside the courthouse.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“He didn’t steal anything, from anyone,” Ehrlich said. “This case rehashes claims already discredited in a civil case that settled more than a year.”\u003c/p>\n\u003cp>Prosecutors say the probe is ongoing, but they wouldn’t say whether Uber and former CEO Travis Kalanick are targets. Prosecutors say Google, Waymo and Uber cooperated in the investigation. Uber issued a statement Tuesday promising to continue to cooperate.\u003c/p>\n\u003cp>Although Tuesday’s indictment didn’t charge Uber, it’s a stain for a company that has been trying to recover from a series of scandals since jettisoning Kalanick two years ago. Besides trying to reverse perceptions that it’s a technological thief, Uber has been dealing with fallout from its own acknowledgement of rampant sexual harassment, its use of software designed to dupe regulators and a yearlong cover-up of a hacking attack that stole the personal information of 57 million passengers and 600,000 drivers.\u003c/p>\n\u003cp>The case seems unlikely to endear Uber with investors already skeptical about the company’s ability to make money after piling up billions of dollars of losses. The lack of profits is the main reason the company’s stock has fallen about 25% below the price set during its much-ballyhooed initial public offering of stock in May. Nonetheless, Uber’s stock fell less than 1% after the announcement.\u003c/p>\n\u003cp>[aside postID='news_11331659,news_11459348,news_11647949' label='Related Coverage']\u003c/p>\n\u003cp>The FBI depicted its pursuit of the complex case as a sign of its commitment to protecting technology considered vital to the economy’s growth. “Silicon Valley is not the Wild West,” said John Bennett, the FBI agent in charge of the investigation.\u003c/p>\n\u003cp>Prosecutors say Levandowski turned himself in earlier Tuesday.\u003c/p>\n\u003cp>Levandowski was accused of stealing years of top-secret information, which prosecutors likened to the crown jewels of the Waymo spinoff. That included breakthroughs in lidar, a key piece of technology that enables self-driving cars to detect what’s around them.\u003c/p>\n\u003cp>During the Waymo trial, Kalanick conceded that Uber needed to develop self-driving cars if it hoped to maintain its early position as the world’s largest ride-hailing service. But he denied that he ever resorted to stealing technology from Google, whom he believed was an ally until he began to suspect the company intended to launch its own ride-hailing service consisting entirely of its robotic vehicles.\u003c/p>\n\u003cp>But Kalanick also testified that his push to build a fleet of self-driving cars for Uber led him to start wooing Levandowski in 2015 while he was still at Google. Levandowski left early the following year to devote his time to Otto, a self-driving truck company he started with another Google employee, Lior Ron, who also left. Uber bought Otto later in 2016 for $680 million.\u003c/p>\n\u003cp>Waymo, which spun off from Google in 2016, alleged that Levandowski downloaded 14,000 documents containing its trade secrets before he left for Otto.\u003c/p>\n\u003cp>Uber denied knowing anything about those documents, but eventually fired him after he repeatedly asserted his constitutional right against self-incrimination leading up to the trial.\u003c/p>\n\u003cp>Ehrlich’s statement Tuesday said Levandowski downloaded the documents as an authorized Google employee and never brought those files to Uber or any other company.\u003c/p>\n\u003cp>The whiff of potential wrongdoing in Waymo’s civil case became even more pungent following the disclosure of allegations by a former Uber security specialist, Richard Jacobs, that the company employed an espionage team to spy on Waymo and other rivals while creating ways to conceal any stolen technology.\u003c/p>\n\u003cp>Google also pursued a separate case against Levandowski in arbitration proceedings, which resulted in a panel ordering Levandowski to pay the company $127 million, according to disclosure made by Uber leading up to \u003ca href=\"https://www.kqed.org/news/11746290/ubers-stock-dips-in-early-trading-after-market-debut\" target=\"_blank\" rel=\"noopener\">its IPO\u003c/a>. Uber may be held liable for paying all or part of that as part of guarantees it made in its Otto acquisition, but believes it may be able to get out of those obligations.\u003c/p>\n\u003cp>After Levandowski left Uber, he started another self-driving startup called Pronto, which said Tuesday that he would no longer be its CEO as he defends himself against the charges.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been corrected to remove reference to secrets being sold to Uber.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>A former Google engineer was charged Tuesday with stealing self-driving car technology from the company shortly before he joined Uber’s efforts to catch up in the high-stakes race to build robotic vehicles.\u003c/p>\n\u003cp>The indictment filed by the U.S. attorney’s office in San Jose is an offshoot of a lawsuit filed in 2017 by Waymo, a self-driving car pioneer spun off from Google. Uber agreed to \u003ca href=\"https://www.kqed.org/news/11649025/uber-googles-waymo-settle-case-over-trade-secrets-for-self-driving-cars\" target=\"_blank\" rel=\"noopener\">settle the case for $245 million last year\u003c/a>, but the presiding judge made an unusual recommendation to open a criminal probe after seeing enough evidence to conclude a theft may have occurred.\u003c/p>\n\u003cp>Uber considered having self-driving technology crucial to survive and counter potential competitive threats from Waymo and dozens of other companies working on robotic vehicles. Uber wants to build self-driving cars so it can eliminate the need to have a human behind the wheel, one of the biggest expenses in its still-unprofitable ride-hailing service.\u003c/p>\n\u003cp>Anthony Levandowski, a pioneer in robotic vehicles, was charged with 33 counts of trade secrets theft. Each count carries a penalty of up to 10 years in prison and a $250,000 fine, or $8.25 million if convicted of all counts.\u003c/p>\n\u003cp>Miles Ehrlich, one of Levandowski’s attorneys, maintained his innocence in a statement read outside the courthouse.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“He didn’t steal anything, from anyone,” Ehrlich said. “This case rehashes claims already discredited in a civil case that settled more than a year.”\u003c/p>\n\u003cp>Prosecutors say the probe is ongoing, but they wouldn’t say whether Uber and former CEO Travis Kalanick are targets. Prosecutors say Google, Waymo and Uber cooperated in the investigation. Uber issued a statement Tuesday promising to continue to cooperate.\u003c/p>\n\u003cp>Although Tuesday’s indictment didn’t charge Uber, it’s a stain for a company that has been trying to recover from a series of scandals since jettisoning Kalanick two years ago. Besides trying to reverse perceptions that it’s a technological thief, Uber has been dealing with fallout from its own acknowledgement of rampant sexual harassment, its use of software designed to dupe regulators and a yearlong cover-up of a hacking attack that stole the personal information of 57 million passengers and 600,000 drivers.\u003c/p>\n\u003cp>The case seems unlikely to endear Uber with investors already skeptical about the company’s ability to make money after piling up billions of dollars of losses. The lack of profits is the main reason the company’s stock has fallen about 25% below the price set during its much-ballyhooed initial public offering of stock in May. Nonetheless, Uber’s stock fell less than 1% after the announcement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The FBI depicted its pursuit of the complex case as a sign of its commitment to protecting technology considered vital to the economy’s growth. “Silicon Valley is not the Wild West,” said John Bennett, the FBI agent in charge of the investigation.\u003c/p>\n\u003cp>Prosecutors say Levandowski turned himself in earlier Tuesday.\u003c/p>\n\u003cp>Levandowski was accused of stealing years of top-secret information, which prosecutors likened to the crown jewels of the Waymo spinoff. That included breakthroughs in lidar, a key piece of technology that enables self-driving cars to detect what’s around them.\u003c/p>\n\u003cp>During the Waymo trial, Kalanick conceded that Uber needed to develop self-driving cars if it hoped to maintain its early position as the world’s largest ride-hailing service. But he denied that he ever resorted to stealing technology from Google, whom he believed was an ally until he began to suspect the company intended to launch its own ride-hailing service consisting entirely of its robotic vehicles.\u003c/p>\n\u003cp>But Kalanick also testified that his push to build a fleet of self-driving cars for Uber led him to start wooing Levandowski in 2015 while he was still at Google. Levandowski left early the following year to devote his time to Otto, a self-driving truck company he started with another Google employee, Lior Ron, who also left. Uber bought Otto later in 2016 for $680 million.\u003c/p>\n\u003cp>Waymo, which spun off from Google in 2016, alleged that Levandowski downloaded 14,000 documents containing its trade secrets before he left for Otto.\u003c/p>\n\u003cp>Uber denied knowing anything about those documents, but eventually fired him after he repeatedly asserted his constitutional right against self-incrimination leading up to the trial.\u003c/p>\n\u003cp>Ehrlich’s statement Tuesday said Levandowski downloaded the documents as an authorized Google employee and never brought those files to Uber or any other company.\u003c/p>\n\u003cp>The whiff of potential wrongdoing in Waymo’s civil case became even more pungent following the disclosure of allegations by a former Uber security specialist, Richard Jacobs, that the company employed an espionage team to spy on Waymo and other rivals while creating ways to conceal any stolen technology.\u003c/p>\n\u003cp>Google also pursued a separate case against Levandowski in arbitration proceedings, which resulted in a panel ordering Levandowski to pay the company $127 million, according to disclosure made by Uber leading up to \u003ca href=\"https://www.kqed.org/news/11746290/ubers-stock-dips-in-early-trading-after-market-debut\" target=\"_blank\" rel=\"noopener\">its IPO\u003c/a>. Uber may be held liable for paying all or part of that as part of guarantees it made in its Otto acquisition, but believes it may be able to get out of those obligations.\u003c/p>\n\u003cp>After Levandowski left Uber, he started another self-driving startup called Pronto, which said Tuesday that he would no longer be its CEO as he defends himself against the charges.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story has been corrected to remove reference to secrets being sold to Uber.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cstrong>Updated 4:35 p.m. Thursday \u003c/strong>\u003c/p>\n\u003cp>A Superior Court judge is siding with ride-service company Lyft in its legal battle with San Francisco transportation officials over the future of the city's shared rental-bike system.\u003c/p>\n\u003cp>Judge Ethan Schulman granted Lyft's request for a preliminary injunction barring the city from granting permits to about half a dozen other companies who want to operate dockless shared electric bikes.\u003c/p>\n\u003cp>In \u003ca href=\"https://assets.documentcloud.org/documents/6188873/Lyft-v-San-Francisco-Tentative-Ruling.pdf\" target=\"_blank\" rel=\"noopener\">a tentative ruling\u003c/a> made final Thursday afternoon, Schulman said that Lyft has been granted an exclusive right to operate a docked or dockless bike-share system using \"traditional\" pedal-powered bicycles under a contract negotiated by the Metropolitan Transportation Commission and approved by the city in 2015.\u003c/p>\n\u003cp>But the issue at the heart of the case is who will get to operate the next generation of shared rental bikes in the city -- electric-assist bicycles that can be docked either in street kiosks like the city's current system or locked anywhere else in the city.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The San Francisco Municipal Transportation Agency announced in April its intention to vastly expand the city's fleet of shared rental bikes, with an emphasis on the e-bikes. \u003c/p>\n\u003cp>The agency invited applications from new operators, a move that prompted the lawsuit from Lyft, which cited a contract provision that gives the company \"right of first offer\" to operate e-bikes in the city.\u003c/p>\n\u003cp>Judge Schulman agreed with the company, writing that the contract bars the city from soliciting e-bike operators unless it complies with Lyft's right of first offer.\u003c/p>\n\u003cp>The contract calls on the city to negotiate the terms of an e-bike program with Lyft. If the city and company are unable to reach an agreement within 90 days, then the city would have the right to solicit other bids -- a process in which Lyft would be entitled to participate.\u003c/p>\n\u003cp>Lyft has said it's ready to introduce 1,000 new \"hybrid\" e-bikes that can be docked in street kiosks or locked elsewhere. The new bikes, rebranded from Ford GoBike to Bay Wheels, have already been deployed in San Jose and Oakland.\u003c/p>\n\u003cp>Schulman's order allows the Municipal Transportation Agency to extend an 18-month pilot program that has permitted Uber-owned Jump to deploy 500 of its bright red e-bikes on the street. The Jump pilot may continue, the judge said, through the 90-day period in which Lyft will attempt to negotiate an e-bike agreement with the city. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>San Francisco city attorney's spokesman John Coté said while his office doesn't agree with Schulman's order, \"We look forward to good-faith negotiations with Lyft to provide more stationless e-bikes going forward.\" \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated 4:35 p.m. Thursday \u003c/strong>\u003c/p>\n\u003cp>A Superior Court judge is siding with ride-service company Lyft in its legal battle with San Francisco transportation officials over the future of the city's shared rental-bike system.\u003c/p>\n\u003cp>Judge Ethan Schulman granted Lyft's request for a preliminary injunction barring the city from granting permits to about half a dozen other companies who want to operate dockless shared electric bikes.\u003c/p>\n\u003cp>In \u003ca href=\"https://assets.documentcloud.org/documents/6188873/Lyft-v-San-Francisco-Tentative-Ruling.pdf\" target=\"_blank\" rel=\"noopener\">a tentative ruling\u003c/a> made final Thursday afternoon, Schulman said that Lyft has been granted an exclusive right to operate a docked or dockless bike-share system using \"traditional\" pedal-powered bicycles under a contract negotiated by the Metropolitan Transportation Commission and approved by the city in 2015.\u003c/p>\n\u003cp>But the issue at the heart of the case is who will get to operate the next generation of shared rental bikes in the city -- electric-assist bicycles that can be docked either in street kiosks like the city's current system or locked anywhere else in the city.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The San Francisco Municipal Transportation Agency announced in April its intention to vastly expand the city's fleet of shared rental bikes, with an emphasis on the e-bikes. \u003c/p>\n\u003cp>The agency invited applications from new operators, a move that prompted the lawsuit from Lyft, which cited a contract provision that gives the company \"right of first offer\" to operate e-bikes in the city.\u003c/p>\n\u003cp>Judge Schulman agreed with the company, writing that the contract bars the city from soliciting e-bike operators unless it complies with Lyft's right of first offer.\u003c/p>\n\u003cp>The contract calls on the city to negotiate the terms of an e-bike program with Lyft. If the city and company are unable to reach an agreement within 90 days, then the city would have the right to solicit other bids -- a process in which Lyft would be entitled to participate.\u003c/p>\n\u003cp>Lyft has said it's ready to introduce 1,000 new \"hybrid\" e-bikes that can be docked in street kiosks or locked elsewhere. The new bikes, rebranded from Ford GoBike to Bay Wheels, have already been deployed in San Jose and Oakland.\u003c/p>\n\u003cp>Schulman's order allows the Municipal Transportation Agency to extend an 18-month pilot program that has permitted Uber-owned Jump to deploy 500 of its bright red e-bikes on the street. The Jump pilot may continue, the judge said, through the 90-day period in which Lyft will attempt to negotiate an e-bike agreement with the city. \u003c/p>\n\u003cp>\u003c/p>\n\u003cp>San Francisco city attorney's spokesman John Coté said while his office doesn't agree with Schulman's order, \"We look forward to good-faith negotiations with Lyft to provide more stationless e-bikes going forward.\" \u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Uber and Lyft are campaigning hard in Sacramento to keep their California drivers classified as independent contractors, rather than as employees. And they're putting drivers at the center of the campaign: focusing on how the change might impact them and enlisting them to help make the case directly to lawmakers.\u003c/p>\n\u003cp>The California Supreme Court \u003ca href=\"https://www.kqed.org/news/11665688/state-high-court-ruling-could-have-big-impact-on-gig-firms\" target=\"_blank\" rel=\"noopener\">ruled in April 2018\u003c/a> that workers must meet three guidelines in order to be classified as independent contractors, also known as the ABC test. In \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\">\u003cem>Dynamex Operations West, Inc. v. Superior Court\u003c/em>\u003c/a>, the court ruled a worker can be considered a contractor only if:\u003c/p>\n\u003cul>\n\u003cli>A. The worker is free from the control and direction of the hirer in connection with the performance of the work.\u003c/li>\n\u003cli>B. The worker performs work that is outside the usual course of the hiring entity’s business.\u003c/li>\n\u003cli>C. The worker is customarily engaged in an independently established trade, occupation or business.\u003c/li>\n\u003c/ul>\n\u003cp>Uber and Lyft drivers likely do not meet those guidelines, and therefore should likely be classified as employees. However, they’re still being treated as contractors, because no one has challenged that practice in court.\u003c/p>\n\u003cp>[aside postID=\"news_11665688,news_11718822,news_11688603\" label=\"The Fight Over Gig Workers\"]A state bill, AB 5, currently making its way through the Legislature, would codify the court decision into law and make those guidelines enforceable.\u003c/p>\n\u003cp>\"Rather than sit and wait for 10 years for further uncertainty with employers and employees, we said let's take it, codify it and make sure everybody understands where they stand,\" said the bill's author, Assemblywoman Lorena Gonzalez, from southern San Diego.\u003c/p>\n\u003cp>These changes would mean a big financial hit for Lyft and Uber. If they start being required to classify their drivers as employees, they would have to pay for benefits like health care and workers compensation, as well as allow drivers to form unions.\u003c/p>\n\u003cp>\u003ca href=\"https://www.sfchronicle.com/opinion/openforum/article/Open-Forum-Uber-Lyft-ready-to-do-our-part-for-13969843.php\" target=\"_blank\" rel=\"noopener\">In a recent opinion piece in the San Francisco Chronicle\u003c/a>, Lyft and Uber executives Dara Khosrowshahi, Logan Green and John Zimmer made that financial argument, but also focused on the effects on drivers.\u003c/p>\n\u003cblockquote>\u003cp>\"Reclassification misses two important points: First, most drivers prefer freedom and flexibility to the forced schedules and rigid hourly shifts of traditional employment; and second, many drivers are supplementing income from other work. It’s also no secret that a change to the employment classification of ride-share drivers would pose a risk to our businesses.\"\u003c/p>\u003c/blockquote>\n\u003cp>They instead suggested that state lawmakers pass regulation requiring the companies to give drivers some of the benefits they would get as employees.\u003c/p>\n\u003cp>AB 5 and the Dynamex decision do not explicitly require companies to schedule shifts or limit hours.\u003c/p>\n\u003cp>\"It's a time-honored tactic in American politics, when companies are worried about the effect of regulations or changes in government policy on their bottom lines, to talk about the ways that they're responsible for employment and investment in their communities,\" said Alex Hertel-Fernandez, an assistant professor at Columbia University, who studies businesses' lobbying tactics. \"That makes them a lot more sympathetic than if you focus on the effects on profits or on the shareholders.\"\u003c/p>\n\u003cp>Uber and Lyft have been using drivers to push that message. Lyft sent an email to its drivers encouraging them to contact their local lawmaker. Uber sent a petition through the app opposing changes to drivers' classification. Drivers have also showed up to legislative hearings to argue against AB 5, often wearing shirts with the companies' logos on them.\u003c/p>\n\u003cp>Elizabeth — who only gave her first name at a state legislative hearing in February — was wearing a shirt saying “Uber Partner” when she testified.\u003c/p>\n\u003cp>\"I come up with my own hours,\" she said. \"I work 20 if I want to, and I work five if I want to. Nobody tells me when to come and go.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But Hertel-Fernandez adds the tactic only works if the drivers trust the messages they’re getting from the companies.\u003c/p>\n\u003cp>\"This is a tricky line that employers have to tow,\" Hertel-Fernandez said. \"They want to convince their employees or at least persuade them to contact their elected officials and that often means putting together information that is more tilted towards what the employer wants. But if they appear too heavy handed I think it can turn employees off of the message they're trying to get out there.\"\u003c/p>\n\u003cp>[aside postID=\"news_11755553\"]In the email Lyft sent to its drivers, the company wrote: \"Legislators are considering changes that could cause Lyft to limit your hours and flexibility, resulting in scheduled shifts. We're advocating to protect your flexibility with Lyft, in addition to establishing an earnings minimum, offering protections and benefits, and giving drivers representation so you have a voice in the company.\"\u003c/p>\n\u003cp>Uber's petition also focused on driver flexibility. It reads: \"Recent changes to California law could threaten your access to flexible work with Uber. Unless lawmakers take action now to modernize the law, you could lose your ability to work with multiple apps and control when and where you work.\"\u003c/p>\n\u003cp>Uber and Lyft say they didn't coerce anyone into taking action, but many drivers are instead speaking out against being used as political lobbyists.\u003c/p>\n\u003cp>\"We don't need them to send vague misleading information to sign petitions against AB 5 through their app,\" said driver Rebecca Stack-Martinez at a rally this month outside Uber's headquarters. \"Drivers can speak for themselves.\"\u003c/p>\n\u003cp>After the Assembly passed AB 5 overwhelmingly, the measure is now making its way through the state Senate.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Uber and Lyft are campaigning hard in Sacramento to keep their California drivers classified as independent contractors, rather than as employees. And they're putting drivers at the center of the campaign: focusing on how the change might impact them and enlisting them to help make the case directly to lawmakers.\u003c/p>\n\u003cp>The California Supreme Court \u003ca href=\"https://www.kqed.org/news/11665688/state-high-court-ruling-could-have-big-impact-on-gig-firms\" target=\"_blank\" rel=\"noopener\">ruled in April 2018\u003c/a> that workers must meet three guidelines in order to be classified as independent contractors, also known as the ABC test. In \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\">\u003cem>Dynamex Operations West, Inc. v. Superior Court\u003c/em>\u003c/a>, the court ruled a worker can be considered a contractor only if:\u003c/p>\n\u003cul>\n\u003cli>A. The worker is free from the control and direction of the hirer in connection with the performance of the work.\u003c/li>\n\u003cli>B. The worker performs work that is outside the usual course of the hiring entity’s business.\u003c/li>\n\u003cli>C. The worker is customarily engaged in an independently established trade, occupation or business.\u003c/li>\n\u003c/ul>\n\u003cp>Uber and Lyft drivers likely do not meet those guidelines, and therefore should likely be classified as employees. However, they’re still being treated as contractors, because no one has challenged that practice in court.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>A state bill, AB 5, currently making its way through the Legislature, would codify the court decision into law and make those guidelines enforceable.\u003c/p>\n\u003cp>\"Rather than sit and wait for 10 years for further uncertainty with employers and employees, we said let's take it, codify it and make sure everybody understands where they stand,\" said the bill's author, Assemblywoman Lorena Gonzalez, from southern San Diego.\u003c/p>\n\u003cp>These changes would mean a big financial hit for Lyft and Uber. If they start being required to classify their drivers as employees, they would have to pay for benefits like health care and workers compensation, as well as allow drivers to form unions.\u003c/p>\n\u003cp>\u003ca href=\"https://www.sfchronicle.com/opinion/openforum/article/Open-Forum-Uber-Lyft-ready-to-do-our-part-for-13969843.php\" target=\"_blank\" rel=\"noopener\">In a recent opinion piece in the San Francisco Chronicle\u003c/a>, Lyft and Uber executives Dara Khosrowshahi, Logan Green and John Zimmer made that financial argument, but also focused on the effects on drivers.\u003c/p>\n\u003cblockquote>\u003cp>\"Reclassification misses two important points: First, most drivers prefer freedom and flexibility to the forced schedules and rigid hourly shifts of traditional employment; and second, many drivers are supplementing income from other work. It’s also no secret that a change to the employment classification of ride-share drivers would pose a risk to our businesses.\"\u003c/p>\u003c/blockquote>\n\u003cp>They instead suggested that state lawmakers pass regulation requiring the companies to give drivers some of the benefits they would get as employees.\u003c/p>\n\u003cp>AB 5 and the Dynamex decision do not explicitly require companies to schedule shifts or limit hours.\u003c/p>\n\u003cp>\"It's a time-honored tactic in American politics, when companies are worried about the effect of regulations or changes in government policy on their bottom lines, to talk about the ways that they're responsible for employment and investment in their communities,\" said Alex Hertel-Fernandez, an assistant professor at Columbia University, who studies businesses' lobbying tactics. \"That makes them a lot more sympathetic than if you focus on the effects on profits or on the shareholders.\"\u003c/p>\n\u003cp>Uber and Lyft have been using drivers to push that message. Lyft sent an email to its drivers encouraging them to contact their local lawmaker. Uber sent a petition through the app opposing changes to drivers' classification. Drivers have also showed up to legislative hearings to argue against AB 5, often wearing shirts with the companies' logos on them.\u003c/p>\n\u003cp>Elizabeth — who only gave her first name at a state legislative hearing in February — was wearing a shirt saying “Uber Partner” when she testified.\u003c/p>\n\u003cp>\"I come up with my own hours,\" she said. \"I work 20 if I want to, and I work five if I want to. Nobody tells me when to come and go.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In the email Lyft sent to its drivers, the company wrote: \"Legislators are considering changes that could cause Lyft to limit your hours and flexibility, resulting in scheduled shifts. We're advocating to protect your flexibility with Lyft, in addition to establishing an earnings minimum, offering protections and benefits, and giving drivers representation so you have a voice in the company.\"\u003c/p>\n\u003cp>Uber's petition also focused on driver flexibility. It reads: \"Recent changes to California law could threaten your access to flexible work with Uber. Unless lawmakers take action now to modernize the law, you could lose your ability to work with multiple apps and control when and where you work.\"\u003c/p>\n\u003cp>Uber and Lyft say they didn't coerce anyone into taking action, but many drivers are instead speaking out against being used as political lobbyists.\u003c/p>\n\u003cp>\"We don't need them to send vague misleading information to sign petitions against AB 5 through their app,\" said driver Rebecca Stack-Martinez at a rally this month outside Uber's headquarters. \"Drivers can speak for themselves.\"\u003c/p>\n\u003cp>After the Assembly passed AB 5 overwhelmingly, the measure is now making its way through the state Senate.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Uber and Lyft drivers denounced the companies' efforts to keep them classified as independent contractors, rather than employees, at a press conference Tuesday.\u003c/p>\n\u003cp>[aside label=\"More on ride-share companies\" tag=\"ride-sharing\"]\u003c/p>\n\u003cp>The California Supreme Court ruled last year that businesses must satisfy \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\" target=\"_blank\" rel=\"noopener\">three guidelines\u003c/a> to classify workers as contractors. The \u003cem>Dynamex Operations West, Inc. v. Superior Court \u003c/em>decision would make it much harder for Lyft and Uber to continue classifying their drivers as contractors.\u003c/p>\n\u003cp>Since then, there's been a battle in the state Capitol over who should be classified as contractors. Assemblymember Lorena Gonzalez authored \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\">AB 5\u003c/a>, which would codify that California Supreme Court decision.\u003c/p>\n\u003cp>Lyft and Uber have joined the I'm Independent Coalition, which is pushing for the legislature to suspend the application of the Dynamex ruling, and instead give independent contractors benefits like paid vacation days, a drivers association and more transparency on earnings.\u003c/p>\n\u003cp>\"Reclassification misses two important points: First, most drivers prefer freedom and flexibility to the forced schedules and rigid hourly shifts of traditional employment; and second, many drivers are supplementing income from other work,\" Uber and Lyft executives Dara Khosrowshahi, Logan Green and John Zimmer wrote in an \u003ca href=\"https://www.sfchronicle.com/opinion/openforum/article/Open-Forum-Uber-Lyft-ready-to-do-our-part-for-13969843.php\">op-ed\u003c/a> last week. \"It’s also no secret that a change to the employment classification of ride-share drivers would pose a risk to our businesses.\"\u003c/p>\n\u003cp>Some drivers, however, don't think that the companies will follow through on those promises.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'They just haven't proven themselves and I just don't think that they're going to do anything for us. They're going to continue to do what they do for themselves.'\u003ccite>Annette Rivero, who drives for Lyft and Uber\u003c/cite>\u003c/aside>\n\u003cp>\"They've had how many years to figure that out,\" said Annette Rivero, who drives for Lyft and Uber primarily in San Jose. \"They just haven't proven themselves and I just don't think that they're going to do anything for us. They're going to continue to do what they do for themselves.\"\u003c/p>\n\u003cp>Lyft and Uber have reached out to their drivers, asking them to take action on the proposed changes.\u003c/p>\n\u003cp>Lyft sent an email to its drivers encouraging them to contact their local lawmaker. Uber sent a petition through the app opposing changes to drivers' classification.\u003c/p>\n\u003caside class=\"pullquote alignright\">'We don't need them to send vague misleading information to sign petitions against AB 5 through their app'\u003ccite>Rebecca Stack-Martinez, a ride-share driver\u003c/cite>\u003c/aside>\n\u003cp>\"We don't need them to send vague misleading information to sign petitions against AB 5 through their app,\" said driver Rebecca Stack-Martinez. \"Drivers can speak for themselves.\"\u003c/p>\n\u003cp>Uber said in a statement that drivers were not required to support the petition in order to access the app.\u003c/p>\n\u003cp>Stack-Martinez and other drivers plan to hold more protests through the summer as AB-5 makes its way through the state Senate.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The California Supreme Court ruled last year that businesses must satisfy \u003ca href=\"https://scocal.stanford.edu/opinion/dynamex-operations-west-inc-v-superior-court-34584\" target=\"_blank\" rel=\"noopener\">three guidelines\u003c/a> to classify workers as contractors. The \u003cem>Dynamex Operations West, Inc. v. Superior Court \u003c/em>decision would make it much harder for Lyft and Uber to continue classifying their drivers as contractors.\u003c/p>\n\u003cp>Since then, there's been a battle in the state Capitol over who should be classified as contractors. Assemblymember Lorena Gonzalez authored \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB5\">AB 5\u003c/a>, which would codify that California Supreme Court decision.\u003c/p>\n\u003cp>Lyft and Uber have joined the I'm Independent Coalition, which is pushing for the legislature to suspend the application of the Dynamex ruling, and instead give independent contractors benefits like paid vacation days, a drivers association and more transparency on earnings.\u003c/p>\n\u003cp>\"Reclassification misses two important points: First, most drivers prefer freedom and flexibility to the forced schedules and rigid hourly shifts of traditional employment; and second, many drivers are supplementing income from other work,\" Uber and Lyft executives Dara Khosrowshahi, Logan Green and John Zimmer wrote in an \u003ca href=\"https://www.sfchronicle.com/opinion/openforum/article/Open-Forum-Uber-Lyft-ready-to-do-our-part-for-13969843.php\">op-ed\u003c/a> last week. \"It’s also no secret that a change to the employment classification of ride-share drivers would pose a risk to our businesses.\"\u003c/p>\n\u003cp>Some drivers, however, don't think that the companies will follow through on those promises.\u003c/p>\n\u003caside class=\"pullquote alignleft\">'They just haven't proven themselves and I just don't think that they're going to do anything for us. They're going to continue to do what they do for themselves.'\u003ccite>Annette Rivero, who drives for Lyft and Uber\u003c/cite>\u003c/aside>\n\u003cp>\"They've had how many years to figure that out,\" said Annette Rivero, who drives for Lyft and Uber primarily in San Jose. \"They just haven't proven themselves and I just don't think that they're going to do anything for us. They're going to continue to do what they do for themselves.\"\u003c/p>\n\u003cp>Lyft and Uber have reached out to their drivers, asking them to take action on the proposed changes.\u003c/p>\n\u003cp>Lyft sent an email to its drivers encouraging them to contact their local lawmaker. Uber sent a petition through the app opposing changes to drivers' classification.\u003c/p>\n\u003caside class=\"pullquote alignright\">'We don't need them to send vague misleading information to sign petitions against AB 5 through their app'\u003ccite>Rebecca Stack-Martinez, a ride-share driver\u003c/cite>\u003c/aside>\n\u003cp>\"We don't need them to send vague misleading information to sign petitions against AB 5 through their app,\" said driver Rebecca Stack-Martinez. \"Drivers can speak for themselves.\"\u003c/p>\n\u003cp>Uber said in a statement that drivers were not required to support the petition in order to access the app.\u003c/p>\n\u003cp>Stack-Martinez and other drivers plan to hold more protests through the summer as AB-5 makes its way through the state Senate.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"marketplace": {
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"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
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"mindshift": {
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"order": 12
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
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"onourwatch": {
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"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"perspectives": {
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"planet-money": {
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"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
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"title": "Political Breakdown",
"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
"airtime": "THU 6:30pm-7pm",
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"possible": {
"id": "possible",
"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
"airtime": "SUN 2pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.possible.fm/",
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"source": "Possible"
},
"link": "/radio/program/possible",
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},
"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
"airtime": "MON-FRI 2pm-3pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
"airtime": "SAT 4pm-5pm",
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"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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},
"link": "/radio/program/reveal",
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"rss": "http://feeds.revealradio.org/revealpodcast"
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