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Big Tech-Backed Gig Worker Union Bill Fails to Get in Gear in Albany

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A plan to grant app-based gig workers some bargaining rights is dead in the state Legislature — even as the City Council held a hearing Tuesday on measures to improve working conditions for New Yorkers who deliver food.

The gig worker proposal, which initially garnered some support from organized labor, collapsed under scrutiny before a bill could be introduced in Albany. State lawmakers are slated to conclude this year’s legislative session on Thursday, with no bill introduced by the Monday evening deadline.

The proposal would have granted workers for companies like Uber, Lyft and DoorDash some bargaining power despite not being classified as employees entitled to certain rights. The effort failed to gain steam as pushback from food delivery workers and their advocates knocked out some early backing from organized labor.

Among the opposition’s concerns: The industry-backed proposal would have conceded some key rights — including the ability to strike or demonstrate against a company. The measure also would have overridden local wins for gig workers — including some of the proposals being considered by the City Council.

“DoorDash, Uber, Seamless, GrubHub and other delivery apps have schemed to introduce legislation behind the backs of these workers,” said State Sen. Jessica Ramos (D-Queens), who chairs the Senate’s labor committee.

“They want to amend our state labor laws to support their rights on the job under the guise of collective bargaining. One of the most egregious parts of the so-called Right to Bargain bill is that it undercuts delivery workers’ local organizing efforts,” she added.

State Sen. Diane Savino (D-Staten Island, Brooklyn), who had been drafting the measure, told Bloomberg News that she plans on revisiting the topic next year when the Legislature returns.

“It’s a complicated problem, but the only way we’re going to get to a solution is people are going to have to put aside their own agendas and figure out ‘how do we solve it?’” said Savino, who told THE CITY she was not available to comment.

‘Treated with Hostility’

Meanwhile, the City Council held a hearing Tuesday on a package of bills that aim to improve working conditions for the burgeoning app-based food delivery sector.

The proposals look to boost wages, ensure tips get to delivery workers and set limits on where they can deliver — local regulations that would be barred under the draft state bill that circulated among lawmakers, tech companies and labor unions last month.

Many items in the City Council’s seven-bill package were introduced in late April following months of discussions with Los Deliveristas Unidos. The group of mostly immigrant food couriers toiled for months during the pandemic with little access to bathrooms or to shelter — and without much recourse against tech companies.

“On average, a delivery worker works 12 hours a day, seven days a week, earning a grand total of $300. That is less than $4 an hour. When they need to take a break or use the restroom, they are denied basic courtesy and treated with hostility by some of the very same restaurants kept open by their labor,” said Councilmember Carlina Rivera (D-Manhattan), who is pushing a bill that would fine restaurants and bars that refuse to allow delivery workers to use the restroom.

Los Deliveristas Unidos protest in Times Square, New York, NY on April 21, 2021, with sign that says “Tips are not wages,” and features a redesigned Seamless logo that reads “Shameless.”

A sign from a Los Deliveristas Unidos protest in Times Square, April 21, 2021.
Claudia Irizarry Aponte/THE CITY

Other proposed measures would require that companies provide workers with insulated bags at no cost and direct the Department of Consumer and Worker Protection to study the working conditions of food delivery workers so it can come up with rules for minimum payments to workers.

While generally supportive of the measures, the department’s acting commissioner, Sandra Abeles, expressed concerns in testimony at Tuesday’s hearing that multi-billion dollar tech companies would find loopholes in the proposed regulations “if enforcement is not carefully constructed.”

Although Council members had been told that representatives from the food delivery companies would be testifying at the virtual hearing, none did.

In a statement, San Francisco-based DoorDash said the company was “actively engaging” with workers and “eager to engage with policymakers on ways all stakeholders can better support New York City delivery workers.”

Uber, which runs UberEats, did not respond to a request for comment.

‘A Very Important Day’

In his testimony before the Council on Thursday, Los Deliveristas Unidos leader Sergio Ajche called the hearing “a very important day” for the city’s delivery workers.

“It’s time for the city to recognize us as essential workers not just with words, but with actions,” he said, reading aloud from his testimony in Spanish.

“It’s frustrating to see these apps make our tips disappear and the restaurant industry turn its back on us,” he added. “It hurts to see clients’ gratuities out of reach to those of us risking our lives in the streets. I know many hesitate to call out these injustices out of fear, but we are here today to make our situations with these apps visible.”

Although Speaker Corey Johnson (D-Manhattan) was quoted in a Deliveristas press release supporting the workers, a spokesperson for the Council leader did not immediately respond to questions on whether he would bring the bills to a vote.

“Deliveristas risk their lives to bring food to our doors, a service so many of us depended on during the pandemic. They were there for us, now we need to be there for them. Deliveristas deserve better, more fair treatment, and the Council’s legislative package will help them get the protections they need as they continue to serve our city,” Johnson said in the press release.

‘It’s Not Right’

At a rally before the hearing, workers gathered with supporters from the union 32BJ SEIU and Transport Workers Union Local 100 at City Hall Park to urge the Council to pass the bills.

In testimony, workers described getting shortchanged by the apps and accused the platforms of withholding the tips many workers depend on in order to earn livable wages. One of the bills discussed at the hearing, introduced by Councilmember Brad Lander (D-Brooklyn), would establish minimum per-trip payments, excluding tips, to ensure workers earn an hourly amount equal to the $15 minimum wage.

Los Deliveristas Unidos leader Jonán Huerta spoke on behalf of a Relay delivery worker who charges the app “stole” a $9.60 tip sent by a customer last month.

At the rally, Huerta read from the testimony submitted by Manhattan delivery worker Gustavo Mancilla, who said a customer’s $9.60 tip never made it to his account.

“When I handed him the food, he asked me immediately if I had received his tip; I immediately checked my balance on the app and saw I had $0. The client showed me their receipt and I saw that he paid a $9.60 tip, for which I received $0,” according to the testimony in Spanish. THE CITY reviewed copies of those receipts.

“When I submitted a complaint, the app blamed the restaurant and refused to give me any further explanation,” Mancilla wrote in his testimony, which was submitted to the Council.

A spokesperson for Relay was not immediately available for comment.

“The f**king restaurant kept my tip,” Mancilla wrote in a text message in Spanish on the day of the incident.

At the rally, Lander said: “Apps like Doordash, Seamless, Instacart and UberEats exploit the idea that these workers are independent contractors,” leaving them to earn on average $5 an hour in New York City.

“These are not folks on a side-hustle,” Lander said. “These are folks working full-time every day and they deserve full-time, more-than-a-minimum-wage, living-wage pay.”

At the hearing, Ajche testified that in the summer months, he has earned just $30 for a 13-hour work day. “These applications work the algorithm to their benefit. They don’t care about our lives out in the streets and the conditions we have to work through,” he testified in Spanish.

Pépé Johnson says she delivers for UberEats, DoorDash and GrubHub in The Bronx. .

Pépé Johnson says she delivers for UberEats, DoorDash and GrubHub in The Bronx. .
Claudia Irizarry Aponte/THE CITY

Some workers, like 22-year-old Pépé Jhonson, described being brushed off by restaurants that refused bathroom access, an issue Rivera’s bill would address.

“As a woman, one of the hardest things about doing this job is not being able to use the bathroom,” Jhonson, a native of Togo, said in Spanish. “I work 12 to 16 hour days, sometimes biking 10 miles for a single delivery, only for restaurants to tell me I can’t relieve myself.

“It’s not right.”

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Gig companies’ push for state-level worker laws faces divided labor movement

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By Tina Bellon

(Reuters) – Uber and other gig economy companies are trying a new approach to ending their battles with unions, and getting ahead of possible federal regulation that could upend their business based on classifying workers as independent contractors.

In New York, for example, gig economy companies are working with several unions including the Machinists and Transport Workers Union to strike a compromise that would allow drivers and food delivery workers to organize in a union and negotiate minimum pay and other benefits without being reclassified as employees.

With the support of the unions, the gig economy companies are pushing state lawmakers in Albany to pass a bill that would allow workers to negotiate wages and caps on company commission fees, and provide unemployment insurance in some circumstances.

Among the most vocal opponents of a proposed bill to achieve that goal is the Service Employees International Union’s (SEIU) northeastern Local 32BJ, which says the compromise would enshrine gig workers’ misclassified status and create a company-sanctioned union that would only further erode workers’ rights by setting no floor for the negotiations.

“This legislation moves workers backwards,” Kyle Bragg, 32BJ’s president said. “There’s too much company manipulation.”

Amid the controversy, efforts to have the bill introduced before the end of the state’s legislative session this week failed.

New York is just one of several states where gig economy companies led by Uber, Doordash, Lyft and Instacart are courting unions and state officials in an effort to cement their workers’ status as independent contractors across the United States.

FAULT LINES

The push by the gig economy companies has exposed divisions within organized labor over whether to bargain with the companies, or insist on workers being reclassified as employees with full protection of U.S. labor standards – and a clear legal right to join unions.

The rifts at times also run within the same union. For example, while 32BJ rejects the New York bill, SEIU President Mary Kay Henry in the past said she would back workers’ demands in reaching a deal with companies. The SEIU declined to comment for this story.

Similarly, the New York chapter of the AFL-CIO, the largest U.S. labor federation, backs the compromise proposal, while members of its Colorado chapter said they were opposed to bargaining agreements with the gig companies.

According to a Reuters review, the companies over the past few months set up lobbying groups in Massachusetts, New York, New Jersey, Illinois, Colorado and Washington to push for laws that declare app-based ride-hail and food delivery drivers independent contractors, while proposing to offer them some benefits. In some states the companies hope for buy-in from labor groups, company and union officials said.

The companies are trying to build on their success in California, where voters approved an industry-backed ballot measure that exempts ride-hail and food delivery workers from rules that require other types of contractors to be classified as employees, and provides them with limited benefits.

The companies say they pursue tailored policies for each state to combine flexibility for their mostly part-time workers with benefits and protections. They have yet to offer concrete proposals in most states.

Some executives hope state-based independent contractor laws can also forestall federal action by the labor-friendly Biden administration, which has vowed to end the misclassification of workers as independent contractors.

“The models that are developed at the state level can be given a framework at the federal level,” Lyft President John Zimmer said during an interview last month.

While any state law could be superseded by federal rules, Zimmer’s calculation assumes that the U.S. Labor Department is less likely to act once facts on the ground are established.

The companies’ race for state backing runs counter to the labor movement’s single biggest legislative priority, the passage of a far-reaching labor reform bill known as the PRO Act in Congress. The bill would make worker organizing easier and among other things reclassify most independent contractors as employees for the purpose of collective bargaining, though not for wage laws and benefits.

The bill is unlikely to pass the Republican-led U.S. Senate, but even if it did, several years of regulatory and court wrangling would ensue, a time during which gig workers’ rights would remain unchanged, said Wilma Liebman, former chair of the National Labor Relations Board.

SKEPTICS ON BOTH SIDES

Some union figures have therefore taken a more pragmatic approach. Andy Stern, former president of the SEIU and at the time one of the most politically influential labor leaders, for the past six years has been trying to strike deals between the gig companies and unions, including failed attempts in California to ward off the ballot measure.

The California referendum, a costly victory for the gig companies, was also a cautionary tale for unions, as well as for drivers, who are now left without any avenues to organize or object to the terms stipulated by the companies.

Stern said internal union surveys in New York had repeatedly shown that a majority of drivers did not want to be employees and said debates focused solely on reclassification were based on unrealistic and purist sentiments.

Stern instead advocates for drivers’ rights to organize in unions and negotiate their own contracts.

“Give a worker a union and collective bargaining and they’ll decide themselves what kind of status, wages and benefits they want. People who believe litigation and legislation are the solution have failed these workers,” Stern said.

Stern and others dubious of reclassification point to Seattle and New York City, where years of union efforts to organize drivers have led to the only driver minimum wage laws in the country.

Uber and Lyft have rocky histories with unions and workers who want to organize. The companies in 2015 enlisted the U.S. Chamber of Commerce for a years-long court battle against a Seattle law spearheaded by the Teamsters union that would have allowed ride-hail drivers to bargain collectively.

Uber more recently appears to have opened up to such agreements, however. The company last month recognized Britain’s GMB union as the collective bargaining unit of its 70,000 British drivers. Lyft’s Zimmer said the company was having constructive conversations with labor leaders.

Many union officials remain skeptical about basing workers’ fate on the goodwill of companies.

“You never get everything you want out of collective bargaining…and it would be better to give drivers more options and protections under the law,” said Kjersten Forseth, political and legislative director for the Colorado AFL-CIO, which plans to make state-based gig worker policy solutions its focus over the next two years.

(Reporting by Tina Bellon in Austin; Editing by Andrea Ricci)

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US Domestic News Roundup: Gig companies’ push for state-level worker laws faces divided labor movement; Former Virginia Governor McAuliffe wins Democratic primary in closely watched governor’s race and more

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Following is a summary of current US domestic news briefs.

Gig companies’ push for state-level worker laws faces divided labor movement

Uber and other gig economy companies are trying a new approach to ending their battles with unions, and getting ahead of possible federal regulation that could upend their business based on classifying workers as independent contractors. In New York, for example, gig economy companies are working with several unions including the Machinists and Transport Workers Union to strike a compromise that would allow drivers and food delivery workers to organize in a union and negotiate minimum pay and other benefits without being reclassified as employees.

Former Virginia Governor McAuliffe wins Democratic primary in closely watched governor’s race

Former Virginia Governor Terry McAuliffe easily won the Democratic nomination on Tuesday for the state’s gubernatorial election, securing his spot in a race that could signal where voters stand after the divisive 2020 presidential contest. McAuliffe, a 64-year-old moderate who served as governor from 2014 to 2018, was leading four other candidates, with more than 60 percent of the vote with 2,063 precincts of 2,584 reporting. Major news organizations projected him the winner shortly after polls closed at 7 p.m.

U.S. Senate passes sweeping bill to address China tech threat

The U.S. Senate voted 68-32 on Tuesday to approve a sweeping package of legislation intended to boost the country’s ability to compete with Chinese technology. An indignant China responded to the vote by saying it objected to being cast as an “imaginary” U.S. enemy.

U.S. pharmacist jailed for three years for tampering with COVID-19 vaccines

A Wisconsin pharmacist who pleaded guilty to trying to spoil hundreds of doses of Moderna’s COVID-19 vaccine because he was skeptical about them has been jailed for three years, the U.S. Justice Department said on Tuesay. Steven R. Brandenburg, 46, was also ordered to pay about $83,800 in compensation to the hospital at which he worked, according to a statement https://www.justice.gov/usao-edwi/pr/hospital-pharmacist-sentenced-attempt-spoil-hundreds-covid-vaccine-doses on Tuesday from the U.S. Attorney’s Office of the Eastern District of Wisconsin.

U.S. forming expert groups on safely lifting global travel restrictions

The Biden administration is forming expert working groups with Canada, Mexico, the European Union and the United Kingdom to determine how best to safely restart travel after 15 months of pandemic restrictions, a White House official said on Tuesday. Another U.S. official said the administration will not move quickly to lift orders that bar people from much of the world from entering the United States because of the time it will take for the groups to do their work. The White House informed airlines and others in the travel industry about the groups, the official said.

Senator Manchin unmoved by U.S. civil rights leaders’ voting rights push

Seven U.S. civil rights leaders met with Senator Joe Manchin to urge the Democrat to drop his opposition to a sweeping election reform bill backed by his party, but the West Virginian emerged from the virtual meeting unmoved. The bill is a Democratic response to a slew of measures making their way through Republican-controlled state legislatures, which voting-rights activists say would limit the ability of some voters to go to the polls.

U.S. to buy about 1.7 million courses of Merck’s COVID-19 treatment for $1.2 billion

Merck & Co Inc said on Wednesday the U.S. government has agreed to buy about 1.7 million courses of the company’s experimental COVID-19 treatment, molnupiravir, for about $1.2 billion, if it is authorized in the country. Molnupiravir is an experimental antiviral therapy Merck is developing with Ridgeback Biotherapeutics for the treatment of COVID-19 patients who are not hospitalized.

U.S. Vice President Harris pledges to visit U.S. southern border

U.S. Vice President Kamala Harris on Tuesday defended herself from Republican critics who criticized her for making her first international trip to Mexico and Guatemala instead of visiting the U.S. border with Mexico, saying she has visited the border and will do so again. After meeting with Mexican President Andres Manuel Lopez Obrador in Mexico City, Harris told reporters she had “been to the border before and will go again.”

Gambling habit: nun admits squandering school cash at casinos

A retired California nun has agreed to plead guilty to federal fraud and money laundering charges for stealing more than $835,000 from a school to pay for personal expenses including gambling trips, the Justice Department said. Mary Margaret Kreuper, 79, faces a maximum jail time of 40 years in federal prison for the charges, according to a Tuesday statement https://www.justice.gov/usao-cdca/pr/nun-who-ran-catholic-school-torrance-will-plead-guilty-federal-charges-after-embezzling from the U.S. Attorney’s Office of the Central District of California.

U.S. investigates disclosure of tax records on rich Americans

The Treasury Department has asked law enforcement authorities to investigate the disclosure of tax records cited in a media report that showed that some of America’s richest people paid little to no income taxes, U.S. officials said on Tuesday. U.S. media outlet ProPublica said it obtained “a vast trove of Internal Revenue Service data on the tax returns of thousands of the nation’s wealthiest people, covering more than 15 years.” The data indicated that billionaires including Amazon founder Jeff Bezos and Tesla founder Elon Musk paid no federal income taxes during some years.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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RPT-FOCUS-Gig companies’ push for state-level worker laws faces divided labor movement

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(Repeats to additional customers)

By Tina Bellon

June 9 (Reuters) – Uber and other gig economy companies are trying a new approach to ending their battles with unions, and getting ahead of possible federal regulation that could upend their business based on classifying workers as independent contractors.

In New York, for example, gig economy companies are working with several unions including the Machinists and Transport Workers Union to strike a compromise that would allow drivers and food delivery workers to organize in a union and negotiate minimum pay and other benefits without being reclassified as employees.

With the support of the unions, the gig economy companies are pushing state lawmakers in Albany to pass a bill that would allow workers to negotiate wages and caps on company commission fees, and provide unemployment insurance in some circumstances.

Among the most vocal opponents of a proposed bill to achieve that goal is the Service Employees International Union’s (SEIU) northeastern Local 32BJ, which says the compromise would enshrine gig workers’ misclassified status and create a company-sanctioned union that would only further erode workers’ rights by setting no floor for the negotiations.

“This legislation moves workers backwards,” Kyle Bragg, 32BJ’s president said. “There’s too much company manipulation.”

Amid the controversy, efforts to have the bill introduced before the end of the state’s legislative session this week failed.

New York is just one of several states where gig economy companies led by Uber, Doordash, Lyft and Instacart are courting unions and state officials in an effort to cement their workers’ status as independent contractors across the United States.

FAULT LINES

The push by the gig economy companies has exposed divisions within organized labor over whether to bargain with the companies, or insist on workers being reclassified as employees with full protection of U.S. labor standards – and a clear legal right to join unions.

The rifts at times also run within the same union. For example, while 32BJ rejects the New York bill, SEIU President Mary Kay Henry in the past said she would back workers’ demands in reaching a deal with companies. The SEIU declined to comment for this story.

Similarly, the New York chapter of the AFL-CIO, the largest U.S. labor federation, backs the compromise proposal, while members of its Colorado chapter said they were opposed to bargaining agreements with the gig companies.

According to a Reuters review, the companies over the past few months set up lobbying groups in Massachusetts, New York, New Jersey, Illinois, Colorado and Washington to push for laws that declare app-based ride-hail and food delivery drivers independent contractors, while proposing to offer them some benefits. In some states the companies hope for buy-in from labor groups, company and union officials said.

The companies are trying to build on their success in California, where voters approved an industry-backed ballot measure that exempts ride-hail and food delivery workers from rules that require other types of contractors to be classified as employees, and provides them with limited benefits.

The companies say they pursue tailored policies for each state to combine flexibility for their mostly part-time workers with benefits and protections. They have yet to offer concrete proposals in most states.

Some executives hope state-based independent contractor laws can also forestall federal action by the labor-friendly Biden administration, which has vowed to end the misclassification of workers as independent contractors.

“The models that are developed at the state level can be given a framework at the federal level,” Lyft President John Zimmer said during an interview last month.

While any state law could be superseded by federal rules, Zimmer’s calculation assumes that the U.S. Labor Department is less likely to act once facts on the ground are established.

The companies’ race for state backing runs counter to the labor movement’s single biggest legislative priority, the passage of a far-reaching labor reform bill known as the PRO Act in Congress. The bill would make worker organizing easier and among other things reclassify most independent contractors as employees for the purpose of collective bargaining, though not for wage laws and benefits.

The bill is unlikely to pass the Republican-led U.S. Senate, but even if it did, several years of regulatory and court wrangling would ensue, a time during which gig workers’ rights would remain unchanged, said Wilma Liebman, former chair of the National Labor Relations Board.

SKEPTICS ON BOTH SIDES

Some union figures have therefore taken a more pragmatic approach. Andy Stern, former president of the SEIU and at the time one of the most politically influential labor leaders, for the past six years has been trying to strike deals between the gig companies and unions, including failed attempts in California to ward off the ballot measure.

The California referendum, a costly victory for the gig companies, was also a cautionary tale for unions, as well as for drivers, who are now left without any avenues to organize or object to the terms stipulated by the companies.

Stern said internal union surveys in New York had repeatedly shown that a majority of drivers did not want to be employees and said debates focused solely on reclassification were based on unrealistic and purist sentiments.

Stern instead advocates for drivers’ rights to organize in unions and negotiate their own contracts.

“Give a worker a union and collective bargaining and they’ll decide themselves what kind of status, wages and benefits they want. People who believe litigation and legislation are the solution have failed these workers,” Stern said.

Stern and others dubious of reclassification point to Seattle and New York City, where years of union efforts to organize drivers have led to the only driver minimum wage laws in the country.

Uber and Lyft have rocky histories with unions and workers who want to organize. The companies in 2015 enlisted the U.S. Chamber of Commerce for a years-long court battle against a Seattle law spearheaded by the Teamsters union that would have allowed ride-hail drivers to bargain collectively.

Uber more recently appears to have opened up to such agreements, however. The company last month recognized Britain’s GMB union as the collective bargaining unit of its 70,000 British drivers. Lyft’s Zimmer said the company was having constructive conversations with labor leaders.

Many union officials remain skeptical about basing workers’ fate on the goodwill of companies.

“You never get everything you want out of collective bargaining…and it would be better to give drivers more options and protections under the law,” said Kjersten Forseth, political and legislative director for the Colorado AFL-CIO, which plans to make state-based gig worker policy solutions its focus over the next two years. (Reporting by Tina Bellon in Austin; Editing by Andrea Ricci)

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