Connect with us

Workers

Gig Workers United launches new campaign to unionize app-based delivery jobs

Published

on

One year after the historic ruling in Ontario that Foodora couriers are dependent contractors, organizers in the Greater Toronto Area are setting their sights on legislative change to improve gig workers’ working conditions.

Announced today, the Foodsters United campaign has been relaunched as Gig Workers United. The name change also comes with a broadened scope, as organizers seek to support all app-based delivery workers in the GTA.

First launched in summer 2019, the Foodsters United campaign fought to unionize Foodora couriers in the GTA with the Canadian Union of Postal Workers. Along the way, it brought about the Ontario Labour Relations Board’s landmark decision in February 2020 that Foodora couriers were dependent — not independent — contractors, which affirmed their right to unionization.

“Legislation has not kept up with the pace of technological change.”

But that win was bittersweet, as Foodora pulled out of Canada three months later. The company cited profitability issues, despite posting surging first-quarter revenues in 2020.

Its parent company, Delivery Hero, subsequently agreed to a $3.46-million settlement with former Foodora couriers in Canada.

“The Foodsters have broken many barriers to become the first app-based workers in Canada to form a union, but the fight doesn’t stop here,” said Jan Simpson, national president of CUPW, in today’s press conference.

Supported by CUPW, Gig Workers United is calling for livable wages, enforcement of workers’ rights and health and safety support. The key, organizers said, is changing labour laws to stop worker misclassification.

“Legislation has not kept up with the pace of technological change,” said Brice Sopher, an organizer and courier with Uber Eats, at the press conference.

“It’s time that … our politicians wake up and make those changes and address them now because an increasing segment of the population is going to be subject to this situation. So if we don’t stop it now, then we’re going to have a much more impoverished population.”

Organizers added that the COVID-19 pandemic has increased the importance of this call for change.
Narada Kiondo, a bicycle courier with a number of food delivery apps, said at the press conference that besides facing a higher risk of infection as a frontline worker, couriers often don’t have access to washrooms. The job is also physically taxing, making all paid sick days important for gig workers, organizers said.

With workplaces contributing to the spread of COVID-19, there have been calls for Ontario to provide paid sick days. But the Doug Ford government has repeatedly put the onus on the federal government, despite federal employment minister Carla Qualtrough saying that a provincial program would not duplicate what Ottawa currently offers.

“We should all be demanding that we be paid better.”

At the same time, some couriers such as those with Uber Eats said they have faced a gradual but significant base-pay cut over the past year, which could go as low as $3.99 per trip. Uber previously told The Canadian Press that the change was made to “better reflect each trip’s total time, effort and distance and include travel to the restaurant.” The company said couriers could turn down trips with prices that are too low for them.

“It’s a major slap in the face for myself and all the gig workers out there who are putting their lives at risk and their health at risk delivering food and groceries while everyone else is being told to stay at home,” said Kiondo.

When asked about the idea of basic income, organizers said it would help on a day-to-day level when coupled with paid sick days. But they view it as a stopgap measure.

“[The industry] is exploitive and extractive,” said Arash Manouchehrian, a delivery courier, at the press conference. “We should all be demanding that we be paid better.”

With its relaunch today, the Gig Workers United campaign coincides with a quickly growing organizing effort around the world by gig workers. For instance, the U.K.’s Supreme Court recently ruled that Uber drivers are workers instead of self-employed contractors. And while the campaign’s current focus is on the GTA, organizers said their ambition is bigger.

“This is an industry problem and it’s a national problem,” said Sopher. “So the scope is ultimately to change the industry and to improve lives for all gig workers going forward. That is our aspiration.”



Source link

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Workers

Amazon.com, Inc. (NASDAQ:AMZN), (DASH) – COVID Relief Bill Could Trigger Larger Tax Bills For Gig Workers

Published

on

By

Gig workers and third-party sellers on e-commerce platforms such as Etsy, Inc. (NASDAQ: ETSY), Walmart Marketplace (NYSE: WMT) and even Amazon (NASDAQ: AMZN) could find themselves with tax issues in 2022 thanks to a change in Internal Revenue Service tax codes contained within the American Rescue Plan Act of 2021.

The $1.9 trillion COVID relief bill that just passed the U.S. House and Senate and is expected to be signed into law by President Joe Biden by this weekend amends Section 6050W of the IRS code to require reporting for any transactions that exceed $600 in gross sales through a 1099-K form.

This change means not only are workers required to claim this income on their taxes (as currently required), but any business that pays them, such as Uber (NYSE: UBER), Lyft (NASDAQ: LYFT), DoorDash (NYSE: DASH) and even marketplaces like Etsy (NASDAQ: ETSY), will be required to submit a 1099-K to the IRS on the individual’s behalf. Under current law, payment organizations must only file a 1099-K form on behalf of a seller when total sales exceed $20,000 and/or total transactions exceed 200 in a tax year.

“Payments made in settlement of third-party network transactions, however, are required to be reported only if the amount to be reported exceeds $20,000 and the aggregate number of transactions exceeds 200 with respect to any payee within a calendar year,” Internal Revenue Bulletin: 2011-23, issued in 2011, says.

“There is a segment of the population that is probably making ends meet and of course they should be aware of their tax obligations, but as they try to cobble together an income, should we be going after these people?” asked Katie Vlietstra, vice president of government relations and public affairs for the National Association for the Self-Employed (NASE).

Vlietstra told Modern Shipper NASE believes all sellers and gig economy workers should be meeting their tax obligations, but the new requirement, which goes into effect on Jan. 1, 2022, could have unintended consequences.

“Every individual should be meeting their tax obligation. They should understand their tax liabilities,” she said. “Our concern is … when you are making big fundamental changes, there isn’t a lot of emphasis placed on the technical changes.”

Vlietstra noted the DoorDash driver who makes money on the weekend to supplement a full-time job.

“Is that their true income [on the 1099-K]? Is that expenses? Do they understand what that means?” she said. “My position on this is maybe $600 is the right amount – we have seen some states that have moved to that reporting level – but there hasn’t been a [conversation with] people who are working in the diversified economy.”

Read: Getting gig workers the unemployment they deserve

NASE will be focusing on education this year to ensure everyone complies with the new regulation, and Vlietstra said it will continue to “voice to Congress that we need to circle back on this.”

“I think there are some unintended grabs that could happen,” she added. “Everyone should be meeting their tax obligations, but if I’m selling my table for $800 more than I paid for it, [do I need to claim that]? Overall, the bill was good. We need to get back to work. We need small businesses to get back to work … but in a massive $2 trillion bill, things get thrown in.”

For businesses, the change is straightforward – they need to monitor and report any income they pay out exceeding $600. That includes online marketplaces that are facilitating these transactions. But for third-party sellers on platforms like Etsy, it gets more complicated, requiring more tracking of expenses as income that may have slipped under the IRS’ radar before may no longer.

“You need to be tracking your expenses and what is a qualified business expense,” Vlietstra said. “Make sure you understand what this really means for your tax exposure. Make sure you are tracking gas and meals and other things. As taxes get more complicated, they may need help doing their taxes.”

There are several open questions, though, Vlietstra said. An example would be an individual who sells tickets on a platform such as StubHub. Is that a business? Does that single transaction, if it exceeds the $600 limit, trigger a 1099-K? What about roommates who may pay each via Venmo for utilities? At the end of the year, those transactions could exceed $600, but should that money be claimed as income? How would the roommates record that on a tax return if Venmo issued a 1099-K? And how does a platform such as Venmo know what should be considered income? The answers to these questions, Vlietstra said, are to be determined, but she is concerned that situations such as this could trigger unnecessary IRS audits.

“I feel like we put our finger in a hole and there are still 500 holes spitting water at us,” she said.

Click for more Modern Shipper articles by Brian Straight.

You may also like:

Social Auto Transport raises $1.5M in seed funding to expand gig economy auto-moving business

Bringg’s collaborationwith Uber opens new doors for e-commerce

Walmart to begin drone delivery pilot this summer

Source link

Continue Reading

Workers

Ruling in arbitration case bad news for gig workers – Massachusetts Lawyers Weekly

Published

on

By

A recent decision from the 1st U.S. Circuit Court of Appeals found that a housecleaner who claimed her employer had misclassified her as an independent contractor couldn’t sue because she was bound by a “clickwrap” mandatory arbitration agreement.

The plaintiff in Emmanuel v. Handy Technologies, Inc. had submitted an application through the website of a company that assigns housecleaning jobs to workers and clicked a checkbox agreeing to its terms of use.

She subsequently used the company’s mobile app to accept an independent contractor agreement, which was required for her to be connected with customers.

The 15-section agreement included a mandatory arbitration clause in section 12. That portion was not visible unless the user scrolled down through the entire agreement.

The plaintiff performed between 10 to 20 cleaning jobs for the defendant but stopped working because of payment issues. She then brought a putative class action alleging that she and others had been misclassified as independent contractors in violation of the state Wage Act and the federal Fair Labor Standards Act.

When the defendant moved to compel arbitration, the plaintiff argued that she did not have sufficient notice of the arbitration clause to be bound by it.

But the 1st Circuit disagreed. Applying the standard set forth earlier this year by the Supreme Judicial Court in Kauders v. Uber Technologies, Inc., it concluded that an online contract had been formed because the plaintiff had “reasonable notice” of the terms and made a “reasonable manifestation of assent” to those terms.

The court acknowledged that only a portion of the agreement was immediately visible on the plaintiff’s phone screen, and that portion did not include the arbitration provision. But it took the position that it was sufficiently clear that “additional text further specifying the terms of the Agreement could be viewed by scrolling.”

In doing so, it specifically declined to read Kauders as holding that for a user to be bound by terms visible only through scrolling, he or she must be required to scroll through the full text of the agreement.

The problem with that reading is that it fails to take into account that workers like the plaintiff are largely unsophisticated, low-wage gig workers. They are encountering long, dense agreements like the one in Emmanuel on their phones, which makes thorough review next to impossible. Moreover, they are not in a position to negotiate over the terms of such an agreement.

In fact, in some ways, these workers are more similar to consumers facing “take it or leave it” arbitration provisions than traditional employees.

It’s unfortunate that decisions like this one gloss over that reality.

 

Massachusetts Lawyers Weekly’s Editorial Advisory Board provides knowledge and guidance for the editorials that appear on this page. The board is an advisory panel only, with no official voting or participation record. The input from the board is a tremendous resource to Lawyers Weekly; however, the editorials represent the position of the newspaper and its editorial staff, not the members, nor any given member, of the board. 

BOARD OF EDITORS: Robert J. Cordy, Boston; Sophia L. Hall, Boston; Martin W. Healy, Boston; Hon. Margaret R. Hinkle, Boston; Thomas M. Hoopes, Boston; Regina M. Hurley, Boston; Shiva Karimi, Boston; Hon. Rudolph Kass, Boston; Marsha V. Kazarosian, Haverhill; Andrea C. Kramer, Boston; Renee M. Landers, Boston; Richard L. Levine, Boston; Elizabeth N. Mulvey, Boston; Eric J. Parker, Boston; C. Max Perlman, Boston; Patricia M. Rapinchuk, Springfield; Martin R. Rosenthal, Boston; Jeffrey Sacks, Boston; Carol A. Starkey, Boston

Source link

Continue Reading

Workers

6 Ways Gig Workers Can Invest for Retirement | Business

Published

on

By

In 2021, you can contribute up to $13,500 if you’re under 50, or $16,500 if you’re 50 or older.

There’s no Roth option, so you’ll be taxed upon withdrawal. There’s also a steep penalty if you need to withdraw your SIMPLE IRA funds within two years of setting up the account: 25%, instead of the usual amount, on top of taxes.

As the employer, you’ll have to contribute to your SIMPLE IRA on your own behalf, as well as for any employee who’s earned at least $5,000 in at least two of the past five years and expects to earn at least that much for the current year. You’ll have to choose one of the following formulas:

  • Automatically contribute 2%.
  • Match 3% of contributions dollar for dollar.

Due to the lower limits and the extra layer of rules, a Solo 401(k) or SEP IRA is typically a better option for solo gig workers. However, if you expand and add others to the payroll, a SIMPLE IRA may be a good option.

6. Taxable Brokerage Account

If you’ve exhausted your other retirement savings options or you want the flexibility to invest with fewer rules, a plain old taxable brokerage account works. Since you won’t get any tax breaks for investing in a brokerage account, though, aim to max out your Roth IRA or traditional IRA contribution before you go this route.

Source link

Continue Reading

Trending

Copyright © 2019 Gigger.news.