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FM","link":"/"}},"news_11944515":{"type":"posts","id":"news_11944515","meta":{"index":"posts_1591205157","site":"news","id":"11944515","score":null,"sort":[1679606436000]},"guestAuthors":[],"slug":"a-deep-systemic-problem-persistent-backlogs-force-state-audit-of-california-labor-commissioners-office","title":"'A Deep, Systemic Problem': Persistent Backlogs Force State Audit of California Labor Commissioner's Office","publishDate":1679606436,"format":"standard","headTitle":"CALmatters | KQED News","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>California’s independent state auditor will investigate the understaffed California Labor Commissioner’s Office over its persistent backlogs in workers’ wage theft claims, issues\u003ca href=\"https://calmatters.org/series/unpaid-wages-california-workers/\"> highlighted in a series of articles last year by CalMatters\u003c/a>.\u003c/p>\n\u003cp>The audit would start Sept. 1 — that is, if budget hearings before then don’t address the agency’s problems to the satisfaction of lawmakers who approved the investigation.\u003c/p>\n\u003cp>The Joint Legislative Audit Committee on Wednesday called for the audit over the objections of some of the state’s biggest labor unions, who argued the probe was unnecessary.\u003c/p>\n\u003cp>Labor Commissioner Lilia García-Brower on Wednesday also pushed back against an audit, testifying that her office already is undertaking multiple reforms to address her agency’s backlogs.\u003c/p>\n\u003cp>[aside label='More on California Labor' tag='labor']\u003c/p>\n\u003cp>The Labor Commissioner’s Office has struggled for years to address wage claims in a timely manner. Wage theft — the failure of employers to pay the minimum wage, pay overtime premiums, or provide meal and rest breaks — primarily affects low-wage workers, who are often immigrants or people of color, studies show.\u003c/p>\n\u003cp>Each worker’s claims by law are supposed to be heard in 120 days and decided 15 days after that. But CalMatters, in its series, uncovered that between 2017 and 2021, the state averaged 505 days.\u003c/p>\n\u003cp>After that, back pay can take years to recover, and \u003ca href=\"https://calmatters.org/california-divide/2022/09/california-wage-theft-cases/?series=unpaid-wages-california-workers\">many who win their claims are never paid\u003c/a>. The backlog was exacerbated last year, when \u003ca href=\"https://calmatters.org/newsletters/2023/01/california-budget-cuts-senate/\">new wage theft claims hit a record 38,000\u003c/a> and \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2324/FY2324_ORG7350_BCP6630.pdf\">wait times climbed past 800 days (PDF)\u003c/a>.\u003c/p>\n\u003cp>“What is it going to take to get to 120 days? Is it additional measures to compel employers to participate, and if that’s the case, in which ways?” asked Assemblymember \u003ca href=\"https://calmatters.org/legislator-tracker/david-alvarez-1980/\">David Alvarez\u003c/a>, a Democrat from Chula Vista who chairs the legislative audit committee.\u003c/p>\n\u003cp>“I am willing to give an opportunity for those questions to be answered,” he said. “But I’d like to see detailed answers, not just, ‘We’re going to do better when we hire more people.’”\u003c/p>\n\u003cp>Alvarez held out the possibility that the committee could rescind their audit request before September if budget hearings satisfactorily address the issues the audit would target. The Labor Commissioner’s Office is seeking $12 million in the next fiscal year to hire 43 additional employees with the goal of reducing the time to hear a claim to 200 days.\u003c/p>\n\u003cp>The audit came at the request of state Sen. \u003ca href=\"https://calmatters.org/legislator-tracker/steven-glazer-1957/\">Steve Glazer\u003c/a>, a Walnut Creek Democrat, who agreed to the compromise to delay the audit until Sept. 1. The audit request put Glazer, a moderate Democrat, at odds with labor groups and workers’ advocates.\u003c/p>\n\u003cp>The California Labor Federation and several unions and worker centers wrote earlier in March that an audit would divert time and attention from an already understaffed agency.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The California Chamber of Commerce testified in favor of the audit. Ashley Hoffman, a lobbyist for the chamber, told the committee it is important to the state’s employers that bad actors be held to account and that disputes be resolved expediently, out of court.\u003c/p>\n\u003cp>In addition to wage claims, California workers can also file lawsuits against employers through California’s Private Attorneys General Act (PAGA), a 19-year-old law that gives workers the same powers as the state to sue employers and recover civil penalties on behalf of co-workers. If they win, the workers can get a quarter of the penalties while the rest goes to the state for labor enforcement.[pullquote size=\"medium\" align=\"right\" citation=\"Assemblymember David Alvarez\"]'I am willing to give an opportunity for those questions to be answered. But I'd like to see detailed answers, not just, 'We're going to do better when we hire more people.''[/pullquote]In 2022 the Department of Industrial Relations, the agency that houses the Labor Commissioner’s Office, received 5,813 notices of new PAGA suits, according to state data.\u003c/p>\n\u003cp>The chamber is among several business groups that succeeded in getting a measure to repeal the private enforcement law on the 2024 ballot.\u003c/p>\n\u003cp>Hoffman told the committee that workers get more of their back wages when they go through the Labor Commissioner’s process instead of filing a lawsuit with a private attorney.\u003c/p>\n\u003cp>In her testimony Wednesday, García-Brower said she is working to overhaul her office’s wage claims staff by recruiting recent graduates from the University of California, filling key managerial positions and implementing new pilot initiatives in certain offices, among other measures.\u003c/p>\n\u003cp>García-Brower, an appointee of Gov. Gavin Newsom, is the former director of a group that helped the state investigate wage theft in the janitorial industry before she became labor commissioner and is considered an ally of the unions and worker advocates who opposed the audit.\u003c/p>\n\u003cfigure id=\"attachment_11944542\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11944542\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut.jpg\" alt=\"Dozens of men and women holding signs in front of a Burger King franchise in Oakland, California.\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Protesters demand a Burger King franchisee pay wages owed to workers on Oct. 25, 2019. The company operating the restaurant, Golden Gate Restaurant Group, was cited by the state Labor Commissioner's Office for failing to pay workers minimum wage and other violations. \u003ccite>(Courtesy Trabajadores Unidos Workers United)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The labor and worker groups advocated instead for increased funding for García-Brower’s office, higher penalties for employers who violate labor law and an expedited hiring process for the Department of Industrial Relations. They also argued for boosting the use of criminal charges against problem employers and expanding local officials’ abilities to sue businesses on behalf of workers to relieve pressure on the state.[pullquote size=\"medium\" align=\"right\" citation=\"Lorena Gonzalez Fletcher, chief officer, California Labor Federation\"]'Everyone knows there's a problem, including the labor commissioner. I don't think an audit is going to tell us anything we don't know already.'[/pullquote]Lorena Gonzalez Fletcher, the former Assembly member who heads the California Labor Federation, told CalMatters in an interview before the hearing that an audit would be a distraction.\u003c/p>\n\u003cp>“Everyone knows there’s a problem, including the labor commissioner,” Gonzalez Fletcher said. “I don’t think an audit is going to tell us anything we don’t know already.”\u003c/p>\n\u003cp>But at the hearing, García-Brower conceded that the issues in her office went beyond a staffing shortage.\u003c/p>\n\u003cp>Assemblymember \u003ca href=\"https://calmatters.org/legislator-tracker/jim-wood-1960/\">Jim Wood\u003c/a>, a Democrat from Ukiah and a member of the legislative audit committee, said his office had considered proposing an audit of the labor commissioner’s wage claim issues.\u003c/p>\n\u003cp>He told García-Brower that his office struggled to get data on wage claims from her office, and that some of his constituents had faced people who worked for her who “are not always terribly friendly and very dismissive sometimes.” That prompted García-Brower to agree.\u003c/p>\n\u003cp>“I sat across six different labor commissioners, and most of them were dismissive,” García-Brower said, referring to her time as a labor activist. “So this is a deep, systemic problem within the culture of this agency, which is why we’re digging down deep to ensure that people understand we are a public-facing agency. We were created to serve the public.”\u003c/p>\n\u003cp>Senator \u003ca href=\"https://calmatters.org/legislator-tracker/john-laird-1950/\">John Laird\u003c/a>, a Democrat from Salinas who sits on the committee, said García-Brower’s acknowledgement that the office’s problems went beyond staffing issues swayed him in favor of the audit.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"It takes California nearly 800 days — four times longer than is legal — to handle wage claims. Lawmakers ordered an audit of the understaffed California Labor Commissioner's Office to start Sept. 1, if agency issues aren't addressed by then.","status":"publish","parent":0,"modified":1679606436,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1278},"headData":{"title":"'A Deep, Systemic Problem': Persistent Backlogs Force State Audit of California Labor Commissioner's Office | KQED","description":"It takes California nearly 800 days — four times longer than is legal — to handle wage claims. Lawmakers ordered an audit of the understaffed California Labor Commissioner's Office to start Sept. 1, if agency issues aren't addressed by then.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'A Deep, Systemic Problem': Persistent Backlogs Force State Audit of California Labor Commissioner's Office","datePublished":"2023-03-23T21:20:36.000Z","dateModified":"2023-03-23T21:20:36.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"\u003ca href=\"https://calmatters.org/author/alejandro-lazo/\">Alejandro Lazo\u003c/a>, \u003ca href=\"https://calmatters.org/author/jeanne-kuang/\">Jeanne Kuang\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11944515/a-deep-systemic-problem-persistent-backlogs-force-state-audit-of-california-labor-commissioners-office","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California’s independent state auditor will investigate the understaffed California Labor Commissioner’s Office over its persistent backlogs in workers’ wage theft claims, issues\u003ca href=\"https://calmatters.org/series/unpaid-wages-california-workers/\"> highlighted in a series of articles last year by CalMatters\u003c/a>.\u003c/p>\n\u003cp>The audit would start Sept. 1 — that is, if budget hearings before then don’t address the agency’s problems to the satisfaction of lawmakers who approved the investigation.\u003c/p>\n\u003cp>The Joint Legislative Audit Committee on Wednesday called for the audit over the objections of some of the state’s biggest labor unions, who argued the probe was unnecessary.\u003c/p>\n\u003cp>Labor Commissioner Lilia García-Brower on Wednesday also pushed back against an audit, testifying that her office already is undertaking multiple reforms to address her agency’s backlogs.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More on California Labor ","tag":"labor"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Labor Commissioner’s Office has struggled for years to address wage claims in a timely manner. Wage theft — the failure of employers to pay the minimum wage, pay overtime premiums, or provide meal and rest breaks — primarily affects low-wage workers, who are often immigrants or people of color, studies show.\u003c/p>\n\u003cp>Each worker’s claims by law are supposed to be heard in 120 days and decided 15 days after that. But CalMatters, in its series, uncovered that between 2017 and 2021, the state averaged 505 days.\u003c/p>\n\u003cp>After that, back pay can take years to recover, and \u003ca href=\"https://calmatters.org/california-divide/2022/09/california-wage-theft-cases/?series=unpaid-wages-california-workers\">many who win their claims are never paid\u003c/a>. The backlog was exacerbated last year, when \u003ca href=\"https://calmatters.org/newsletters/2023/01/california-budget-cuts-senate/\">new wage theft claims hit a record 38,000\u003c/a> and \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2324/FY2324_ORG7350_BCP6630.pdf\">wait times climbed past 800 days (PDF)\u003c/a>.\u003c/p>\n\u003cp>“What is it going to take to get to 120 days? Is it additional measures to compel employers to participate, and if that’s the case, in which ways?” asked Assemblymember \u003ca href=\"https://calmatters.org/legislator-tracker/david-alvarez-1980/\">David Alvarez\u003c/a>, a Democrat from Chula Vista who chairs the legislative audit committee.\u003c/p>\n\u003cp>“I am willing to give an opportunity for those questions to be answered,” he said. “But I’d like to see detailed answers, not just, ‘We’re going to do better when we hire more people.’”\u003c/p>\n\u003cp>Alvarez held out the possibility that the committee could rescind their audit request before September if budget hearings satisfactorily address the issues the audit would target. The Labor Commissioner’s Office is seeking $12 million in the next fiscal year to hire 43 additional employees with the goal of reducing the time to hear a claim to 200 days.\u003c/p>\n\u003cp>The audit came at the request of state Sen. \u003ca href=\"https://calmatters.org/legislator-tracker/steven-glazer-1957/\">Steve Glazer\u003c/a>, a Walnut Creek Democrat, who agreed to the compromise to delay the audit until Sept. 1. The audit request put Glazer, a moderate Democrat, at odds with labor groups and workers’ advocates.\u003c/p>\n\u003cp>The California Labor Federation and several unions and worker centers wrote earlier in March that an audit would divert time and attention from an already understaffed agency.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The California Chamber of Commerce testified in favor of the audit. Ashley Hoffman, a lobbyist for the chamber, told the committee it is important to the state’s employers that bad actors be held to account and that disputes be resolved expediently, out of court.\u003c/p>\n\u003cp>In addition to wage claims, California workers can also file lawsuits against employers through California’s Private Attorneys General Act (PAGA), a 19-year-old law that gives workers the same powers as the state to sue employers and recover civil penalties on behalf of co-workers. If they win, the workers can get a quarter of the penalties while the rest goes to the state for labor enforcement.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I am willing to give an opportunity for those questions to be answered. But I'd like to see detailed answers, not just, 'We're going to do better when we hire more people.''","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Assemblymember David Alvarez","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In 2022 the Department of Industrial Relations, the agency that houses the Labor Commissioner’s Office, received 5,813 notices of new PAGA suits, according to state data.\u003c/p>\n\u003cp>The chamber is among several business groups that succeeded in getting a measure to repeal the private enforcement law on the 2024 ballot.\u003c/p>\n\u003cp>Hoffman told the committee that workers get more of their back wages when they go through the Labor Commissioner’s process instead of filing a lawsuit with a private attorney.\u003c/p>\n\u003cp>In her testimony Wednesday, García-Brower said she is working to overhaul her office’s wage claims staff by recruiting recent graduates from the University of California, filling key managerial positions and implementing new pilot initiatives in certain offices, among other measures.\u003c/p>\n\u003cp>García-Brower, an appointee of Gov. Gavin Newsom, is the former director of a group that helped the state investigate wage theft in the janitorial industry before she became labor commissioner and is considered an ally of the unions and worker advocates who opposed the audit.\u003c/p>\n\u003cfigure id=\"attachment_11944542\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11944542\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut.jpg\" alt=\"Dozens of men and women holding signs in front of a Burger King franchise in Oakland, California.\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Protesters demand a Burger King franchisee pay wages owed to workers on Oct. 25, 2019. The company operating the restaurant, Golden Gate Restaurant Group, was cited by the state Labor Commissioner's Office for failing to pay workers minimum wage and other violations. \u003ccite>(Courtesy Trabajadores Unidos Workers United)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The labor and worker groups advocated instead for increased funding for García-Brower’s office, higher penalties for employers who violate labor law and an expedited hiring process for the Department of Industrial Relations. They also argued for boosting the use of criminal charges against problem employers and expanding local officials’ abilities to sue businesses on behalf of workers to relieve pressure on the state.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Everyone knows there's a problem, including the labor commissioner. I don't think an audit is going to tell us anything we don't know already.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Lorena Gonzalez Fletcher, chief officer, California Labor Federation","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Lorena Gonzalez Fletcher, the former Assembly member who heads the California Labor Federation, told CalMatters in an interview before the hearing that an audit would be a distraction.\u003c/p>\n\u003cp>“Everyone knows there’s a problem, including the labor commissioner,” Gonzalez Fletcher said. “I don’t think an audit is going to tell us anything we don’t know already.”\u003c/p>\n\u003cp>But at the hearing, García-Brower conceded that the issues in her office went beyond a staffing shortage.\u003c/p>\n\u003cp>Assemblymember \u003ca href=\"https://calmatters.org/legislator-tracker/jim-wood-1960/\">Jim Wood\u003c/a>, a Democrat from Ukiah and a member of the legislative audit committee, said his office had considered proposing an audit of the labor commissioner’s wage claim issues.\u003c/p>\n\u003cp>He told García-Brower that his office struggled to get data on wage claims from her office, and that some of his constituents had faced people who worked for her who “are not always terribly friendly and very dismissive sometimes.” That prompted García-Brower to agree.\u003c/p>\n\u003cp>“I sat across six different labor commissioners, and most of them were dismissive,” García-Brower said, referring to her time as a labor activist. “So this is a deep, systemic problem within the culture of this agency, which is why we’re digging down deep to ensure that people understand we are a public-facing agency. We were created to serve the public.”\u003c/p>\n\u003cp>Senator \u003ca href=\"https://calmatters.org/legislator-tracker/john-laird-1950/\">John Laird\u003c/a>, a Democrat from Salinas who sits on the committee, said García-Brower’s acknowledgement that the office’s problems went beyond staffing issues swayed him in favor of the audit.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11944515/a-deep-systemic-problem-persistent-backlogs-force-state-audit-of-california-labor-commissioners-office","authors":["byline_news_11944515"],"categories":["news_31795","news_8"],"tags":["news_18538","news_30731","news_29594","news_26334","news_20546","news_27698","news_31299","news_30597","news_24863","news_5555","news_31371","news_2141","news_30729"],"affiliates":["news_18481"],"featImg":"news_11944534","label":"news_18481"},"news_11894053":{"type":"posts","id":"news_11894053","meta":{"index":"posts_1591205157","site":"news","id":"11894053","score":null,"sort":[1635457425000]},"guestAuthors":[],"slug":"got-covid-19-at-your-job-and-applying-for-workers-comp-in-california-heres-how-it-works","title":"Got COVID-19 at Your Job and Applying for Workers' Comp in California? Here's How It Works","publishDate":1635457425,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A \u003ca href=\"https://www.kqed.org/news/11892838/there-is-anger-he-should-be-alive-an-investigation-into-deadly-covid-19-outbreaks-at-foster-farms\">recent KQED investigation\u003c/a> found that Foster Farms provided delayed or incomplete information to health officials, the public and its own employees about the scope and seriousness of COVID-19 outbreaks at its plants in California’s Central Valley.\u003c/p>\n\u003cp>Since the start of the pandemic, 16 people have died due to complications from the coronavirus, at least 20 were hospitalized and hundreds of workers at the company’s California facilities have been infected. According to a \u003ca href=\"https://www.kqed.org/news/11892838/there-is-anger-he-should-be-alive-an-investigation-into-deadly-covid-19-outbreaks-at-foster-farms\">Cal/OSHA inspection file obtained by KQED\u003c/a>, Foster Farms “could have known and should have known of the continuing COVID-19 hazards.”\u003c/p>\n\u003cp>[aside postID=\"news_11892838\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2027/10/50872_transform-1020x679.jpg\"]What happened at Foster Farms is only a piece of a larger issue across California: Essential and front-line workers have been hit hardest by workplace outbreaks — and those already struggling with the financial impacts of the pandemic are hit hardest by the incurred costs of dealing with an infection.\u003c/p>\n\u003cp>But if you get coronavirus at work, your employer is \u003ca href=\"https://www.dir.ca.gov/dwc/WorkersCompensationBenefits.htm\">required by law to cover the costs\u003c/a> of medical care, lost income while you’re out sick and even transportation expenses. These benefits all are part of workers’ compensation, and since April 2020, a \u003ca href=\"http://www.insurance.ca.gov/0400-news/0100-press-releases/2020/upload/nr036NoticeWorkCompCOVID04062020.pdf\">COVID-19 infection is included as a workplace injury\u003c/a>.\u003c/p>\n\u003cp>And if an employee dies from a work-related COVID-19 infection, their dependents could be eligible for death benefits and burial expenses.\u003c/p>\n\u003cp>However, just because these benefits are available doesn’t mean they’re easy to get. Some employees who’ve survived COVID-19 have had their claims contested by their employers and workers’ comp insurance companies.\u003c/p>\n\u003cp>Going through a bureaucratic maze could seem daunting — especially after surviving a case of COVID-19. But it can also open up a financial lifeline for some. Workers \u003ca href=\"https://www.dir.ca.gov/dwc/employer.htm\">can’t sue their employers for a workplace infection\u003c/a>. However, they are entitled to medical treatment covered by their employer.\u003c/p>\n\u003cp>KQED spoke with both experienced workers’ comp attorneys and state officials to better understand what it’s like to go through this process and ways to make it less complicated. Don't have time to read the whole guide? Here's a quick breakdown. Click on the links below to skip to a specific section:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#start\">\u003cstrong>What is workers' comp? How do you start a claim?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#provide\">\u003cstrong>What does workers' comp provide?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#denied\">\u003cstrong>My claim was denied. What happens now?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#additional\">\u003cstrong>Some additional things to keep in mind.\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>\u003ca id=\"start\">\u003c/a>What is workers' comp? How do you start a claim?\u003c/h3>\n\u003cp>According to attorneys who’ve been managing workers’ comp cases for years, the hardest step in the process can be the first: filing a workers’ comp claim.\u003c/p>\n\u003cp>“A lot of people just aren't aware that they can even bring these claims to begin with,” said Ricardo Agustín Pérez, a personal injury lawyer based in Southern California who currently represents Alma Ruth Hernández Núñez, surviving spouse of a former Foster Farms employee \u003ca href=\"https://www.kqed.org/news/11892838/there-is-anger-he-should-be-alive-an-investigation-into-deadly-covid-19-outbreaks-at-foster-farms\">who lost his life due to COVID-19 complications\u003c/a>.\u003c/p>\n\u003cp>You can also file a claim even if you weren’t hospitalized for COVID-19. Cheryl Wallach, a workers' comp attorney and board member of Worksafe, a worker advocacy group, says that a claim should show that the infection is an industrial injury, meaning it happened at the workplace during the course of employment.\u003c/p>\n\u003cfigure id=\"attachment_11894175\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/RS52024_IMG_7733-scaled-e1635448154660.jpg\">\u003cimg class=\"wp-image-11894175 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/RS52024_IMG_7733-scaled-e1635448154660.jpg\" alt=\"A hand holds a pamphlet open as a second hand holds it by the other end.\" width=\"1920\" height=\"1280\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jakara Movement organizer Navdeep Kaur speaks with Punjabi families at a Sikh gurdwara in Fresno about COVID-19 and workers' compensation. \u003ccite>(Alexandra Hall/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“You just have to show that the employee had an increased risk compared to the general population,” she said. “If you’re in the food service industry or you're working side by side with other workers or … you're not working at home, do you have an increased risk compared to other people?”\u003c/p>\n\u003cp>Any worker in California, regardless of immigration status or industry, can file a claim. And you don’t need a lawyer to do so.\u003c/p>\n\u003cp>The first step is to talk to your employer, whether that’s your supervisor or the owner of the business you’re working for, and let them know you tested positive for COVID-19 and that you believe you contracted the virus at your workplace.\u003c/p>\n\u003cp>Once you let your employer know, they have 24 hours to give you a DWC 1 — a workers’ compensation claim form. You’ll fill out the employee section, which includes sections to describe the injury and when it occurred. Remember, the injury in this case is a COVID-19 infection.\u003c/p>\n\u003cp>If your employer doesn’t have a DWC 1 or claims to not know what that is, \u003ca href=\"https://www.dir.ca.gov/dwc/dwcform1.pdf\">you can find a DWC 1 online\u003c/a>. After you fill out your part, give it to your employer, who must provide a copy to their insurer and to the worker within one working day of receiving the form.\u003c/p>\n\u003cp>No matter what your employer may tell you, \u003ca href=\"https://www.dir.ca.gov/dwc/employer.htm\">every business in California is required to have a workers’ comp insurance policy\u003c/a> — even if they only have one employee. If you take a look at the DWC 1, you may notice the term “claims administrator.” That’s the term for your employer’s insurance company.\u003c/p>\n\u003cp>Wallach encourages employees to be proactive when talking to their employers, especially if the employers are unaware of existing regulations.\u003c/p>\n\u003cp>“Don't take no for an answer just because they don't understand the law or because they don't think it's work related,” she said. “They have to provide [the claim form] to their insurance company.”\u003c/p>\n\u003cp>In the case that your employer refuses to fill out their part of the DWC 1 or fails to send it over to their insurer, you can contact the \u003ca href=\"https://ww2.kqed.org/news/2021/10/28/the-lady-of-stow-lake-a-haunted-tale-of-tragedy-in-golden-gate-park/\">Division of Workers' Compensation (DWC) at the Department of Industrial Relations (DIR)\u003c/a> for assistance. In a statement, the DIR affirmed that “the employer’s failure to complete the form does not affect the worker’s eligibility for benefits.”\u003c/p>\n\u003cfigure id=\"attachment_11894218\" class=\"wp-caption alignnone\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11894218 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-scaled.jpg\" alt=\"Three women wearing masks gathers inside a cafe. One hands another a set of face masks while the third records the scene on their phone.\" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-2048x1366.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-1920x1281.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Officials from the San Mateo County Office of Community Affairs hand out protective face masks to customers at the Top of the Hill Cafe on Sept. 17, 2020, in Daly City. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003ca id=\"provide\">\u003c/a>What does workers' comp provide?\u003c/h3>\n\u003cp>Once your employer has sent out the DWC 1 to their insurer, you should receive information from the insurance company on where to receive medical attention — all of which should be billed to your employer. If you need emergency care due to the infection and the insurance company hasn’t reached out, you can see your health care provider immediately.\u003c/p>\n\u003cp>If you don’t have a health care provider, DIR \u003ca href=\"https://www.dir.ca.gov/InjuredWorkerGuidebook/Chapter3.pdf\">recommends finding a clinic or hospital\u003c/a> that can provide care without immediate payment, as long as they request a reimbursement from your employer’s insurer.\u003c/p>\n\u003cp>In most instances, the insurance company will connect you with a physician that’s part of a medical provider network (MPN), a group of doctors chosen by the insurance company that are familiar with the workers’ comp process. The MPN doctor \u003ca href=\"https://www.dir.ca.gov/dwc/medicalunit/qme_page.html\">will perform an examination\u003c/a> to gauge what type of care you need and what benefits you may qualify for.\u003c/p>\n\u003cp>But if you’re feeling unhappy or unsatisfied with what the physician assigned to you is recommending, \u003ca href=\"https://www.dir.ca.gov/InjuredWorkerGuidebook/Chapter3.pdf\">you can switch over to another doctor\u003c/a> within the MPN.[pullquote size=\"medium\" align=\"right\" citation=\"Cheryl Wallach, workers' comp attorney\"]'No workers' compensation case is worth losing your job over. The goal is to get better and get back to work.'[/pullquote]\u003c/p>\n\u003cp>Ricardo Agustín Pérez, the personal injury lawyer, said that many of his clients are not informed about this by their employers. “I think a lot of employers are not educated on that either, because it's really not in the insurance carrier’s interest to tell their insured,” he said.\u003c/p>\n\u003cp>However, if the insurer decides that your injury qualifies for workers’ comp — yes, it’s the insurance company that decides — they’ll let you know by mail what medical care will be covered.\u003c/p>\n\u003cp>If the insurer accepts your claim, you may also be eligible for several more benefits, including temporary or permanent disability benefits, payments to make up for lost wages while you were sick or reimbursement for transportation costs to and from treatment for COVID-19 care. \u003ca href=\"https://www.dir.ca.gov/dwc/WorkersCompensationBenefits.htm\">Here’s a more detailed list on what benefits are available and how they’re calculated.\u003c/a>\u003c/p>\n\u003cp>It’s important to mention that the scope of these benefits is limited, and disability benefits only cover a fraction of your regular wages.\u003c/p>\n\u003cp>“Nobody gets rich off workers’ comp,” Wallach said. “No workers’ compensation case is worth losing your job over. The goal is to get better and get back to work.”\u003c/p>\n\u003cfigure id=\"attachment_11894172\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11894172 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/RS50871_068_Fresno_FosterFarmsCOVID_08112021-scaled-e1635447963301.jpg\" alt=\"A man in a plastic hairnet and a T-shirt walks toward a concrete building and a forklift beneath a Foster Farms logo.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">A Foster Farms employee enters the facility on W. Belgravia Ave. in Fresno, California, on Aug. 11, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003ca id=\"denied\">\u003c/a>My claim was denied. What happens now?\u003c/h3>\n\u003cp>In some cases, your employer’s insurance company may decide it won’t cover your claim. This could happen for a variety of reasons, including that they believe you did not contract COVID-19 at your workplace rather than somewhere else.\u003c/p>\n\u003cp>If this happens, you can challenge this decision \u003ca href=\"https://www.dir.ca.gov/dwc/MyClaimWasDenied.htm\">by filing a case with the Division of Workers’ Compensation\u003c/a>. A judge will hear your case and decide whether you qualify for benefits.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Cheryl Wallach, workers' comp attorney\"]'The more documentation we have … is going to be helpful in showing that it's a work-related injury.'[/pullquote]This may be a good time to look for legal aid to help you navigate this part of the process. DIR recommends reaching out to the \u003ca href=\"http://www.calbar.ca.gov\">State Bar of California\u003c/a> or the \u003ca href=\"http://www.caaa.org\">California Applicants' Attorneys Association\u003c/a> to learn which workers’ comp attorneys are closest to you. If you are a member of a union, they can also provide you with a list of experienced attorneys.\u003c/p>\n\u003cp>A lawyer can help you build a timeline of events to demonstrate that you did catch the coronavirus at work. Wallach, the workers’ comp attorney, points out that it’s especially helpful when an employee has kept a record of their infection.\u003c/p>\n\u003cp>“As soon as you first start noticing symptoms that you think you have COVID, go a few days out, you know, four or five days backwards and look and see what you've done,” she said. “Who were you around? Where did you go outside of work?”\u003c/p>\n\u003cp>These details can become especially relevant if the insurance company claims that you got COVID-19 outside of work.\u003c/p>\n\u003cp>“The more documentation we have … is going to be helpful in showing that it's a work-related injury,” Wallach explained. “Showing that other people in your family either contracted it after you started having symptoms or didn’t contract it at all will also help tie in that increased risk.”\u003c/p>\n\u003cp>Something else that could be important is knowing how many other employees at your workplace got COVID-19. According to \u003ca href=\"https://www.dir.ca.gov/dwc/Covid-19/FAQ-SB-1159.html\">state law\u003c/a>, if at least 4% of the workforce tests positive within a period of 14 days, that’s considered an outbreak.\u003c/p>\n\u003cp>If an outbreak took place at your workplace, that could be considered a “rebuttable presumption,” and that, in some instances, could make it easier for you to qualify for workers’ comp.\u003c/p>\n\u003cfigure id=\"attachment_11894217\" class=\"wp-caption alignnone\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11894217 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-scaled.jpg\" alt=\"A worker wears a helmet and a face mask as they carry a heavy cardboard box through a factory.\" width=\"2560\" height=\"1706\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Employees work with garlic on the production line at Christopher Ranch in Gilroy, California, on May, 30, 2019. \u003ccite>(Josh Edelson/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003ca id=\"additional\">\u003c/a>Some additional things to keep in mind\u003c/h3>\n\u003cp>If you’re thinking of going ahead with the workers’ comp process but feel that your English is a bit limited, you can request an interpreter who can provide assistance in the language you feel most comfortable with during visits to the physician or during the arbitration process. The\u003ca href=\"https://www.dir.ca.gov/t8/9795_3.html\"> interpreter would be covered by your employer’s insurance company\u003c/a>.\u003c/p>\n\u003cp>As an attorney also fluent in Spanish, Ricardo Agustín Pérez understands the important role that interpreters play in proceedings but also offers a few suggestions.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='labor-rights']“It's a very difficult job to be an interpreter,” he explained. “Please be conscious of the fact that this interpreter is translating everything that you say. And if you say a really long sentence, [they have] to remember everything and translate it perfectly.”\u003c/p>\n\u003cp>“A lot of people think that the workers' comp system is designed to compensate you for your lost wages,” he explained, pointing out that some clients have come to him thinking they can get a big compensation after hearing rumors about somebody else’s workers’ comp process.\u003c/p>\n\u003cp>“You're only entitled to two years of temporary disability, and it's about two-thirds of your average weekly earnings,” he said.\u003c/p>\n\u003chr>\n\u003cp>\u003cstrong>For specific assistance, including extra guidance on the death benefits process, you can contact the \u003ca href=\"https://www.dir.ca.gov/dwc/IandA.html#IandAoffices\">DWC’s Information & Assistance Unit\u003c/a>. The primary number is (800) 736-7401.\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>You can also contact the DWC Bay Area office that's closest to you:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>San Francisco: (415) 703-5020\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>Oakland: (510) 622-2861\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>San José: (408) 277-1292\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>Santa Rosa: (707) 576-2452\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca href=\"https://www.dir.ca.gov/dwc/IandA.html#IandAoffices\">\u003cstrong>Get the contact information of all other field offices in the state.\u003c/strong>\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>You can also review the guide from DIR: \"\u003ca href=\"https://www.dir.ca.gov/InjuredWorkerGuidebook/InjuredWorkerGuidebook.html\">Workers' Compensation in California: A Guidebook for Injured Workers\u003c/a>.\"\u003c/strong>\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED's Alex Hall.\u003c/em>\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Unsure of how to file a claim for workers' compensation or what it provides? KQED explains what the process is like and tips to make it less complicated.","status":"publish","parent":0,"modified":1635465268,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":50,"wordCount":2330},"headData":{"title":"Got COVID-19 at Your Job and Applying for Workers' Comp in California? Here's How It Works | KQED","description":"Unsure of how to file a claim for workers' compensation or what it provides? KQED explains what the process is like and tips to make it less complicated.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Got COVID-19 at Your Job and Applying for Workers' Comp in California? Here's How It Works","datePublished":"2021-10-28T21:43:45.000Z","dateModified":"2021-10-28T23:54:28.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11894053 https://ww2.kqed.org/news/?p=11894053","disqusUrl":"https://ww2.kqed.org/news/2021/10/28/got-covid-19-at-your-job-and-applying-for-workers-comp-in-california-heres-how-it-works/","disqusTitle":"Got COVID-19 at Your Job and Applying for Workers' Comp in California? Here's How It Works","excludeFromSiteSearch":"Include","path":"/news/11894053/got-covid-19-at-your-job-and-applying-for-workers-comp-in-california-heres-how-it-works","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A \u003ca href=\"https://www.kqed.org/news/11892838/there-is-anger-he-should-be-alive-an-investigation-into-deadly-covid-19-outbreaks-at-foster-farms\">recent KQED investigation\u003c/a> found that Foster Farms provided delayed or incomplete information to health officials, the public and its own employees about the scope and seriousness of COVID-19 outbreaks at its plants in California’s Central Valley.\u003c/p>\n\u003cp>Since the start of the pandemic, 16 people have died due to complications from the coronavirus, at least 20 were hospitalized and hundreds of workers at the company’s California facilities have been infected. According to a \u003ca href=\"https://www.kqed.org/news/11892838/there-is-anger-he-should-be-alive-an-investigation-into-deadly-covid-19-outbreaks-at-foster-farms\">Cal/OSHA inspection file obtained by KQED\u003c/a>, Foster Farms “could have known and should have known of the continuing COVID-19 hazards.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11892838","hero":"https://ww2.kqed.org/app/uploads/sites/10/2027/10/50872_transform-1020x679.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>What happened at Foster Farms is only a piece of a larger issue across California: Essential and front-line workers have been hit hardest by workplace outbreaks — and those already struggling with the financial impacts of the pandemic are hit hardest by the incurred costs of dealing with an infection.\u003c/p>\n\u003cp>But if you get coronavirus at work, your employer is \u003ca href=\"https://www.dir.ca.gov/dwc/WorkersCompensationBenefits.htm\">required by law to cover the costs\u003c/a> of medical care, lost income while you’re out sick and even transportation expenses. These benefits all are part of workers’ compensation, and since April 2020, a \u003ca href=\"http://www.insurance.ca.gov/0400-news/0100-press-releases/2020/upload/nr036NoticeWorkCompCOVID04062020.pdf\">COVID-19 infection is included as a workplace injury\u003c/a>.\u003c/p>\n\u003cp>And if an employee dies from a work-related COVID-19 infection, their dependents could be eligible for death benefits and burial expenses.\u003c/p>\n\u003cp>However, just because these benefits are available doesn’t mean they’re easy to get. Some employees who’ve survived COVID-19 have had their claims contested by their employers and workers’ comp insurance companies.\u003c/p>\n\u003cp>Going through a bureaucratic maze could seem daunting — especially after surviving a case of COVID-19. But it can also open up a financial lifeline for some. Workers \u003ca href=\"https://www.dir.ca.gov/dwc/employer.htm\">can’t sue their employers for a workplace infection\u003c/a>. However, they are entitled to medical treatment covered by their employer.\u003c/p>\n\u003cp>KQED spoke with both experienced workers’ comp attorneys and state officials to better understand what it’s like to go through this process and ways to make it less complicated. Don't have time to read the whole guide? Here's a quick breakdown. Click on the links below to skip to a specific section:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#start\">\u003cstrong>What is workers' comp? How do you start a claim?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#provide\">\u003cstrong>What does workers' comp provide?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#denied\">\u003cstrong>My claim was denied. What happens now?\u003c/strong>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"#additional\">\u003cstrong>Some additional things to keep in mind.\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch3>\u003ca id=\"start\">\u003c/a>What is workers' comp? How do you start a claim?\u003c/h3>\n\u003cp>According to attorneys who’ve been managing workers’ comp cases for years, the hardest step in the process can be the first: filing a workers’ comp claim.\u003c/p>\n\u003cp>“A lot of people just aren't aware that they can even bring these claims to begin with,” said Ricardo Agustín Pérez, a personal injury lawyer based in Southern California who currently represents Alma Ruth Hernández Núñez, surviving spouse of a former Foster Farms employee \u003ca href=\"https://www.kqed.org/news/11892838/there-is-anger-he-should-be-alive-an-investigation-into-deadly-covid-19-outbreaks-at-foster-farms\">who lost his life due to COVID-19 complications\u003c/a>.\u003c/p>\n\u003cp>You can also file a claim even if you weren’t hospitalized for COVID-19. Cheryl Wallach, a workers' comp attorney and board member of Worksafe, a worker advocacy group, says that a claim should show that the infection is an industrial injury, meaning it happened at the workplace during the course of employment.\u003c/p>\n\u003cfigure id=\"attachment_11894175\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/RS52024_IMG_7733-scaled-e1635448154660.jpg\">\u003cimg class=\"wp-image-11894175 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/RS52024_IMG_7733-scaled-e1635448154660.jpg\" alt=\"A hand holds a pamphlet open as a second hand holds it by the other end.\" width=\"1920\" height=\"1280\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jakara Movement organizer Navdeep Kaur speaks with Punjabi families at a Sikh gurdwara in Fresno about COVID-19 and workers' compensation. \u003ccite>(Alexandra Hall/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“You just have to show that the employee had an increased risk compared to the general population,” she said. “If you’re in the food service industry or you're working side by side with other workers or … you're not working at home, do you have an increased risk compared to other people?”\u003c/p>\n\u003cp>Any worker in California, regardless of immigration status or industry, can file a claim. And you don’t need a lawyer to do so.\u003c/p>\n\u003cp>The first step is to talk to your employer, whether that’s your supervisor or the owner of the business you’re working for, and let them know you tested positive for COVID-19 and that you believe you contracted the virus at your workplace.\u003c/p>\n\u003cp>Once you let your employer know, they have 24 hours to give you a DWC 1 — a workers’ compensation claim form. You’ll fill out the employee section, which includes sections to describe the injury and when it occurred. Remember, the injury in this case is a COVID-19 infection.\u003c/p>\n\u003cp>If your employer doesn’t have a DWC 1 or claims to not know what that is, \u003ca href=\"https://www.dir.ca.gov/dwc/dwcform1.pdf\">you can find a DWC 1 online\u003c/a>. After you fill out your part, give it to your employer, who must provide a copy to their insurer and to the worker within one working day of receiving the form.\u003c/p>\n\u003cp>No matter what your employer may tell you, \u003ca href=\"https://www.dir.ca.gov/dwc/employer.htm\">every business in California is required to have a workers’ comp insurance policy\u003c/a> — even if they only have one employee. If you take a look at the DWC 1, you may notice the term “claims administrator.” That’s the term for your employer’s insurance company.\u003c/p>\n\u003cp>Wallach encourages employees to be proactive when talking to their employers, especially if the employers are unaware of existing regulations.\u003c/p>\n\u003cp>“Don't take no for an answer just because they don't understand the law or because they don't think it's work related,” she said. “They have to provide [the claim form] to their insurance company.”\u003c/p>\n\u003cp>In the case that your employer refuses to fill out their part of the DWC 1 or fails to send it over to their insurer, you can contact the \u003ca href=\"https://ww2.kqed.org/news/2021/10/28/the-lady-of-stow-lake-a-haunted-tale-of-tragedy-in-golden-gate-park/\">Division of Workers' Compensation (DWC) at the Department of Industrial Relations (DIR)\u003c/a> for assistance. In a statement, the DIR affirmed that “the employer’s failure to complete the form does not affect the worker’s eligibility for benefits.”\u003c/p>\n\u003cfigure id=\"attachment_11894218\" class=\"wp-caption alignnone\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11894218 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-scaled.jpg\" alt=\"Three women wearing masks gathers inside a cafe. One hands another a set of face masks while the third records the scene on their phone.\" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-2048x1366.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1273198581-1920x1281.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Officials from the San Mateo County Office of Community Affairs hand out protective face masks to customers at the Top of the Hill Cafe on Sept. 17, 2020, in Daly City. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003ca id=\"provide\">\u003c/a>What does workers' comp provide?\u003c/h3>\n\u003cp>Once your employer has sent out the DWC 1 to their insurer, you should receive information from the insurance company on where to receive medical attention — all of which should be billed to your employer. If you need emergency care due to the infection and the insurance company hasn’t reached out, you can see your health care provider immediately.\u003c/p>\n\u003cp>If you don’t have a health care provider, DIR \u003ca href=\"https://www.dir.ca.gov/InjuredWorkerGuidebook/Chapter3.pdf\">recommends finding a clinic or hospital\u003c/a> that can provide care without immediate payment, as long as they request a reimbursement from your employer’s insurer.\u003c/p>\n\u003cp>In most instances, the insurance company will connect you with a physician that’s part of a medical provider network (MPN), a group of doctors chosen by the insurance company that are familiar with the workers’ comp process. The MPN doctor \u003ca href=\"https://www.dir.ca.gov/dwc/medicalunit/qme_page.html\">will perform an examination\u003c/a> to gauge what type of care you need and what benefits you may qualify for.\u003c/p>\n\u003cp>But if you’re feeling unhappy or unsatisfied with what the physician assigned to you is recommending, \u003ca href=\"https://www.dir.ca.gov/InjuredWorkerGuidebook/Chapter3.pdf\">you can switch over to another doctor\u003c/a> within the MPN.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'No workers' compensation case is worth losing your job over. The goal is to get better and get back to work.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Cheryl Wallach, workers' comp attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Ricardo Agustín Pérez, the personal injury lawyer, said that many of his clients are not informed about this by their employers. “I think a lot of employers are not educated on that either, because it's really not in the insurance carrier’s interest to tell their insured,” he said.\u003c/p>\n\u003cp>However, if the insurer decides that your injury qualifies for workers’ comp — yes, it’s the insurance company that decides — they’ll let you know by mail what medical care will be covered.\u003c/p>\n\u003cp>If the insurer accepts your claim, you may also be eligible for several more benefits, including temporary or permanent disability benefits, payments to make up for lost wages while you were sick or reimbursement for transportation costs to and from treatment for COVID-19 care. \u003ca href=\"https://www.dir.ca.gov/dwc/WorkersCompensationBenefits.htm\">Here’s a more detailed list on what benefits are available and how they’re calculated.\u003c/a>\u003c/p>\n\u003cp>It’s important to mention that the scope of these benefits is limited, and disability benefits only cover a fraction of your regular wages.\u003c/p>\n\u003cp>“Nobody gets rich off workers’ comp,” Wallach said. “No workers’ compensation case is worth losing your job over. The goal is to get better and get back to work.”\u003c/p>\n\u003cfigure id=\"attachment_11894172\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11894172 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/RS50871_068_Fresno_FosterFarmsCOVID_08112021-scaled-e1635447963301.jpg\" alt=\"A man in a plastic hairnet and a T-shirt walks toward a concrete building and a forklift beneath a Foster Farms logo.\" width=\"1920\" height=\"1280\">\u003cfigcaption class=\"wp-caption-text\">A Foster Farms employee enters the facility on W. Belgravia Ave. in Fresno, California, on Aug. 11, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003ca id=\"denied\">\u003c/a>My claim was denied. What happens now?\u003c/h3>\n\u003cp>In some cases, your employer’s insurance company may decide it won’t cover your claim. This could happen for a variety of reasons, including that they believe you did not contract COVID-19 at your workplace rather than somewhere else.\u003c/p>\n\u003cp>If this happens, you can challenge this decision \u003ca href=\"https://www.dir.ca.gov/dwc/MyClaimWasDenied.htm\">by filing a case with the Division of Workers’ Compensation\u003c/a>. A judge will hear your case and decide whether you qualify for benefits.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The more documentation we have … is going to be helpful in showing that it's a work-related injury.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Cheryl Wallach, workers' comp attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>This may be a good time to look for legal aid to help you navigate this part of the process. DIR recommends reaching out to the \u003ca href=\"http://www.calbar.ca.gov\">State Bar of California\u003c/a> or the \u003ca href=\"http://www.caaa.org\">California Applicants' Attorneys Association\u003c/a> to learn which workers’ comp attorneys are closest to you. If you are a member of a union, they can also provide you with a list of experienced attorneys.\u003c/p>\n\u003cp>A lawyer can help you build a timeline of events to demonstrate that you did catch the coronavirus at work. Wallach, the workers’ comp attorney, points out that it’s especially helpful when an employee has kept a record of their infection.\u003c/p>\n\u003cp>“As soon as you first start noticing symptoms that you think you have COVID, go a few days out, you know, four or five days backwards and look and see what you've done,” she said. “Who were you around? Where did you go outside of work?”\u003c/p>\n\u003cp>These details can become especially relevant if the insurance company claims that you got COVID-19 outside of work.\u003c/p>\n\u003cp>“The more documentation we have … is going to be helpful in showing that it's a work-related injury,” Wallach explained. “Showing that other people in your family either contracted it after you started having symptoms or didn’t contract it at all will also help tie in that increased risk.”\u003c/p>\n\u003cp>Something else that could be important is knowing how many other employees at your workplace got COVID-19. According to \u003ca href=\"https://www.dir.ca.gov/dwc/Covid-19/FAQ-SB-1159.html\">state law\u003c/a>, if at least 4% of the workforce tests positive within a period of 14 days, that’s considered an outbreak.\u003c/p>\n\u003cp>If an outbreak took place at your workplace, that could be considered a “rebuttable presumption,” and that, in some instances, could make it easier for you to qualify for workers’ comp.\u003c/p>\n\u003cfigure id=\"attachment_11894217\" class=\"wp-caption alignnone\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11894217 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-scaled.jpg\" alt=\"A worker wears a helmet and a face mask as they carry a heavy cardboard box through a factory.\" width=\"2560\" height=\"1706\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/10/GettyImages-1148081334-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Employees work with garlic on the production line at Christopher Ranch in Gilroy, California, on May, 30, 2019. \u003ccite>(Josh Edelson/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch3>\u003ca id=\"additional\">\u003c/a>Some additional things to keep in mind\u003c/h3>\n\u003cp>If you’re thinking of going ahead with the workers’ comp process but feel that your English is a bit limited, you can request an interpreter who can provide assistance in the language you feel most comfortable with during visits to the physician or during the arbitration process. The\u003ca href=\"https://www.dir.ca.gov/t8/9795_3.html\"> interpreter would be covered by your employer’s insurance company\u003c/a>.\u003c/p>\n\u003cp>As an attorney also fluent in Spanish, Ricardo Agustín Pérez understands the important role that interpreters play in proceedings but also offers a few suggestions.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"labor-rights"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“It's a very difficult job to be an interpreter,” he explained. “Please be conscious of the fact that this interpreter is translating everything that you say. And if you say a really long sentence, [they have] to remember everything and translate it perfectly.”\u003c/p>\n\u003cp>“A lot of people think that the workers' comp system is designed to compensate you for your lost wages,” he explained, pointing out that some clients have come to him thinking they can get a big compensation after hearing rumors about somebody else’s workers’ comp process.\u003c/p>\n\u003cp>“You're only entitled to two years of temporary disability, and it's about two-thirds of your average weekly earnings,” he said.\u003c/p>\n\u003chr>\n\u003cp>\u003cstrong>For specific assistance, including extra guidance on the death benefits process, you can contact the \u003ca href=\"https://www.dir.ca.gov/dwc/IandA.html#IandAoffices\">DWC’s Information & Assistance Unit\u003c/a>. The primary number is (800) 736-7401.\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>You can also contact the DWC Bay Area office that's closest to you:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>San Francisco: (415) 703-5020\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>Oakland: (510) 622-2861\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>San José: (408) 277-1292\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>Santa Rosa: (707) 576-2452\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cp>\u003ca href=\"https://www.dir.ca.gov/dwc/IandA.html#IandAoffices\">\u003cstrong>Get the contact information of all other field offices in the state.\u003c/strong>\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>You can also review the guide from DIR: \"\u003ca href=\"https://www.dir.ca.gov/InjuredWorkerGuidebook/InjuredWorkerGuidebook.html\">Workers' Compensation in California: A Guidebook for Injured Workers\u003c/a>.\"\u003c/strong>\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED's Alex Hall.\u003c/em>\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11894053/got-covid-19-at-your-job-and-applying-for-workers-comp-in-california-heres-how-it-works","authors":["11708"],"categories":["news_8"],"tags":["news_26334","news_311","news_27698","news_28400","news_24863","news_5555","news_29865","news_19377","news_24100"],"featImg":"news_11894181","label":"news"},"news_11891110":{"type":"posts","id":"news_11891110","meta":{"index":"posts_1591205157","site":"news","id":"11891110","score":null,"sort":[1633483174000]},"guestAuthors":[],"slug":"tesla-must-pay-137-million-to-a-black-former-contractor-who-claimed-racial-abuse","title":"Tesla Ordered to Pay $137 Million to a Black Former Contractor Over Racist Treatment","publishDate":1633483174,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Tesla must pay nearly $137 million to a Black former worker who said he suffered racist abuse at the electric carmaker’s Bay Area factory.\u003c/p>\n\u003cp>A federal court in San Francisco agreed on Monday that Owen Diaz was subjected to racist harassment and a hostile work environment — three days before Tesla's annual shareholder meeting.\u003c/p>\n\u003cp>[aside postID=\"news_11872863\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2017/09/tesla-1020x557-1020x557.jpg\"]Diaz alleged in a lawsuit that he was harassed and faced “daily racist epithets,” including the “N-word,” while working at Tesla’s Fremont plant in 2015 and 2016 before quitting. Diaz was a contracted elevator operator.\u003c/p>\n\u003cp>Diaz also alleged that employees drew swastikas and left racist graffiti and drawings around the plant. He contended that supervisors failed to stop the abuse.\u003c/p>\n\u003cp>“Tesla’s progressive image was a façade papering over its regressive, demeaning treatment of [African American] employees,” the lawsuit said.\u003c/p>\n\u003cp>Diaz was awarded $6.9 million in damages for emotional distress and $130 million in punitive damages, his attorney, Lawrence A. Organ, said.\u003c/p>\n\u003cp>“It took four long years to get to this point,” Diaz told The New York Times. “It’s like a big weight has been pulled off my shoulders.”\u003c/p>\n\u003cp>Amy Oppenheimer, a Berkeley-based attorney with experience in workplace investigations, served as an expert witness for Diaz. She says employers as large as Tesla should have effective mechanisms in place to make sure racist incidents don't go unnoticed by supervisors.\u003c/p>\n\u003cp>\"Here you have a huge employer with decent policies, but policies are easy. You can get them off the internet,\" she said. \"The point is, what do you do with them? The point is, how do you enforce them?\"\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Amy Oppenheimer, expert witness for the plaintiff\"]'Here you have a huge employer with decent policies, but policies are easy … the point is, what do you do with them?'[/pullquote]It wasn’t immediately clear whether Tesla would appeal the decision. The company’s vice president of human resources, Valerie Capers Workman, responded to the verdict through \u003ca href=\"https://www.tesla.com/blog/regarding-todays-jury-verdict\">a blog post published on Monday\u003c/a>.\u003c/p>\n\u003cp>\"We strongly believe that [the facts of the case] don’t justify the verdict reached by the jury,\" Capers Workman wrote, and added, \"We do recognize that in 2015 and 2016 we were not perfect.\"\u003c/p>\n\u003cp>Tesla previously denied any knowledge of the alleged racist conduct at the plant, which has about 10,000 workers.\u003c/p>\n\u003cp>In the post, Capers Workman also mentions that Diaz was a contractor who worked for an outside employer and therefore was never a Tesla employee.\u003c/p>\n\u003cp>But Oppenheimer, the attorney, told KQED that employers should be providing a safe workplace to anyone who supplies labor, whether they are employees or contractors.\u003c/p>\n\u003cp>\"[Contractors] are your responsibility,\" she said, referring to employers. \"It's your environment that you have to address.\"\u003c/p>\n\u003cp>She hopes this verdict will encourage more workers to speak up about workplace discrimination and, in turn, push employers to invest more resources in preventing these types of situations.\u003c/p>\n\u003cp>\"It's not rocket science, Elon Musk. It's really caring about your employees and enforcing laws to protect them,\" Oppenheimer said.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='labor-rights']If upheld, the award would be a blow to a company that has been subject to various allegations of workplace problems but requires employees to resolve disputes through mandatory arbitration, which the firm has rarely lost.\u003c/p>\n\u003cp>In May, an arbitrator ordered Tesla to pay more than $1 million over similar allegations by another former Fremont factory worker. That employee alleged that co-workers called him a racial slur and supervisors ignored his complaints.\u003c/p>\n\u003cp>Diaz, who was contracted through a staffing agency, didn’t have to sign an arbitration agreement.\u003c/p>\n\u003cp>\u003cem>This post includes reporting from The Associated Press and KQED's Holly McDede.\u003c/em>\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A San Francisco jury decided on Monday that a former contractor was subjected to racist harassment — three days before Tesla's annual shareholder meeting.","status":"publish","parent":0,"modified":1633630326,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":662},"headData":{"title":"Tesla Ordered to Pay $137 Million to a Black Former Contractor Over Racist Treatment | KQED","description":"A San Francisco jury decided on Monday that a former contractor was subjected to racist harassment — three days before Tesla's annual shareholder meeting.","ogTitle":"Tesla Ordered to Pay $137 Million to a Black Former Contractor Over Racist Treatment","ogDescription":"","ogImgId":"","twTitle":"Tesla Ordered to Pay $137 Million to a Black Former Contractor Over Racist Treatment","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Tesla Ordered to Pay $137 Million to a Black Former Contractor Over Racist Treatment","datePublished":"2021-10-06T01:19:34.000Z","dateModified":"2021-10-07T18:12:06.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11891110 https://ww2.kqed.org/news/?p=11891110","disqusUrl":"https://ww2.kqed.org/news/2021/10/05/tesla-must-pay-137-million-to-a-black-former-contractor-who-claimed-racial-abuse/","disqusTitle":"Tesla Ordered to Pay $137 Million to a Black Former Contractor Over Racist Treatment","path":"/news/11891110/tesla-must-pay-137-million-to-a-black-former-contractor-who-claimed-racial-abuse","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Tesla must pay nearly $137 million to a Black former worker who said he suffered racist abuse at the electric carmaker’s Bay Area factory.\u003c/p>\n\u003cp>A federal court in San Francisco agreed on Monday that Owen Diaz was subjected to racist harassment and a hostile work environment — three days before Tesla's annual shareholder meeting.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11872863","hero":"https://ww2.kqed.org/app/uploads/sites/10/2017/09/tesla-1020x557-1020x557.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Diaz alleged in a lawsuit that he was harassed and faced “daily racist epithets,” including the “N-word,” while working at Tesla’s Fremont plant in 2015 and 2016 before quitting. Diaz was a contracted elevator operator.\u003c/p>\n\u003cp>Diaz also alleged that employees drew swastikas and left racist graffiti and drawings around the plant. He contended that supervisors failed to stop the abuse.\u003c/p>\n\u003cp>“Tesla’s progressive image was a façade papering over its regressive, demeaning treatment of [African American] employees,” the lawsuit said.\u003c/p>\n\u003cp>Diaz was awarded $6.9 million in damages for emotional distress and $130 million in punitive damages, his attorney, Lawrence A. Organ, said.\u003c/p>\n\u003cp>“It took four long years to get to this point,” Diaz told The New York Times. “It’s like a big weight has been pulled off my shoulders.”\u003c/p>\n\u003cp>Amy Oppenheimer, a Berkeley-based attorney with experience in workplace investigations, served as an expert witness for Diaz. She says employers as large as Tesla should have effective mechanisms in place to make sure racist incidents don't go unnoticed by supervisors.\u003c/p>\n\u003cp>\"Here you have a huge employer with decent policies, but policies are easy. You can get them off the internet,\" she said. \"The point is, what do you do with them? The point is, how do you enforce them?\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Here you have a huge employer with decent policies, but policies are easy … the point is, what do you do with them?'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Amy Oppenheimer, expert witness for the plaintiff","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>It wasn’t immediately clear whether Tesla would appeal the decision. The company’s vice president of human resources, Valerie Capers Workman, responded to the verdict through \u003ca href=\"https://www.tesla.com/blog/regarding-todays-jury-verdict\">a blog post published on Monday\u003c/a>.\u003c/p>\n\u003cp>\"We strongly believe that [the facts of the case] don’t justify the verdict reached by the jury,\" Capers Workman wrote, and added, \"We do recognize that in 2015 and 2016 we were not perfect.\"\u003c/p>\n\u003cp>Tesla previously denied any knowledge of the alleged racist conduct at the plant, which has about 10,000 workers.\u003c/p>\n\u003cp>In the post, Capers Workman also mentions that Diaz was a contractor who worked for an outside employer and therefore was never a Tesla employee.\u003c/p>\n\u003cp>But Oppenheimer, the attorney, told KQED that employers should be providing a safe workplace to anyone who supplies labor, whether they are employees or contractors.\u003c/p>\n\u003cp>\"[Contractors] are your responsibility,\" she said, referring to employers. \"It's your environment that you have to address.\"\u003c/p>\n\u003cp>She hopes this verdict will encourage more workers to speak up about workplace discrimination and, in turn, push employers to invest more resources in preventing these types of situations.\u003c/p>\n\u003cp>\"It's not rocket science, Elon Musk. It's really caring about your employees and enforcing laws to protect them,\" Oppenheimer said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"labor-rights"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>If upheld, the award would be a blow to a company that has been subject to various allegations of workplace problems but requires employees to resolve disputes through mandatory arbitration, which the firm has rarely lost.\u003c/p>\n\u003cp>In May, an arbitrator ordered Tesla to pay more than $1 million over similar allegations by another former Fremont factory worker. That employee alleged that co-workers called him a racial slur and supervisors ignored his complaints.\u003c/p>\n\u003cp>Diaz, who was contracted through a staffing agency, didn’t have to sign an arbitration agreement.\u003c/p>\n\u003cp>\u003cem>This post includes reporting from The Associated Press and KQED's Holly McDede.\u003c/em>\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11891110/tesla-must-pay-137-million-to-a-black-former-contractor-who-claimed-racial-abuse","authors":["237"],"categories":["news_6188","news_8","news_248"],"tags":["news_3897","news_66","news_5555","news_29865","news_29993","news_28180","news_57"],"featImg":"news_11891203","label":"news"},"news_11847273":{"type":"posts","id":"news_11847273","meta":{"index":"posts_1591205157","site":"news","id":"11847273","score":null,"sort":[1605265208000]},"guestAuthors":[],"slug":"with-prop-22-approved-regulating-gig-companies-just-got-a-lot-harder","title":"With Prop. 22 Approved, Regulating Gig Companies Just Got A Lot Harder","publishDate":1605265208,"format":"audio","headTitle":"With Prop. 22 Approved, Regulating Gig Companies Just Got A Lot Harder | KQED","labelTerm":{},"content":"\u003cp>California Proposition 22 was a big win for tech companies. Its passage allows a handful of corporations — like Uber and Lyft — to create a new “gig” contractor category for their workers that doesn’t have to include employee protections and benefits, like unemployment insurance and workers compensation. Now, those same companies that won in California want to expand beyond the state.\u003c/p>\n\u003cp>\u003cb data-stringify-type=\"bold\">Guest: \u003c/b>\u003ca href=\"https://twitter.com/SamWHarnett\">Sam Harnett\u003c/a>, Silicon Valley Reporter for KQED\u003c/p>\n\u003cp>\u003cem>Listen to our special series ‘How We Got Here’ with Sam \u003ca href=\"https://www.kqed.org/howwegothere\">here.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC8406238167&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cem>Read the transcript \u003ca href=\"https://bit.ly/3eSSCCw\" target=\"_blank\" rel=\"noopener noreferrer\">here\u003c/a>. And sign up for our newsletter \u003ca href=\"https://bit.ly/2Ij412e\">here\u003c/a>!\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1700693764,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":102},"headData":{"title":"With Prop. 22 Approved, Regulating Gig Companies Just Got A Lot Harder | KQED","description":"California Proposition 22 was a big win for tech companies. Its passage allows a handful of corporations — like Uber and Lyft — to create a new "gig" contractor category for their workers that doesn’t have to include employee protections and benefits, like unemployment insurance and workers compensation. Now, those same companies that won in","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"With Prop. 22 Approved, Regulating Gig Companies Just Got A Lot Harder","datePublished":"2020-11-13T11:00:08.000Z","dateModified":"2023-11-22T22:56:04.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC8406238167.mp3?updated=1605232719","path":"/news/11847273/with-prop-22-approved-regulating-gig-companies-just-got-a-lot-harder","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California Proposition 22 was a big win for tech companies. Its passage allows a handful of corporations — like Uber and Lyft — to create a new “gig” contractor category for their workers that doesn’t have to include employee protections and benefits, like unemployment insurance and workers compensation. Now, those same companies that won in California want to expand beyond the state.\u003c/p>\n\u003cp>\u003cb data-stringify-type=\"bold\">Guest: \u003c/b>\u003ca href=\"https://twitter.com/SamWHarnett\">Sam Harnett\u003c/a>, Silicon Valley Reporter for KQED\u003c/p>\n\u003cp>\u003cem>Listen to our special series ‘How We Got Here’ with Sam \u003ca href=\"https://www.kqed.org/howwegothere\">here.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC8406238167&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cem>Read the transcript \u003ca href=\"https://bit.ly/3eSSCCw\" target=\"_blank\" rel=\"noopener noreferrer\">here\u003c/a>. And sign up for our newsletter \u003ca href=\"https://bit.ly/2Ij412e\">here\u003c/a>!\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11847273/with-prop-22-approved-regulating-gig-companies-just-got-a-lot-harder","authors":["7240","253","11637","8654","11649"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_28707","news_5555","news_20482","news_28581","news_22800","news_353","news_22598","news_4523"],"featImg":"news_11847278","label":"source_news_11847273"},"news_11662641":{"type":"posts","id":"news_11662641","meta":{"index":"posts_1591205157","site":"news","id":"11662641","score":null,"sort":[1523970031000]},"guestAuthors":[],"slug":"tesla-says-its-factory-is-safer-but-it-left-injuries-off-the-books","title":"Tesla Says Its Factory Is Safer, but It Left Injuries Off the Books","publishDate":1523970031,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>\u003cem>This story was originally published by Reveal from The Center for Investigative Reporting, a nonprofit news organization based in the San Francisco Bay Area. Learn more at \u003ca href=\"https://www.revealnews.org/\">revealnews.org\u003c/a> and subscribe to the Reveal podcast, produced with PRX, at \u003ca href=\"https://www.revealnews.org/podcast\">revealnews.org/podcast\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>[dropcap]I[/dropcap]nside Tesla’s electric car factory, giant red robots – some named for X-Men characters – heave car parts in the air, while workers wearing black toil on aluminum car bodies. Forklifts and tuggers zip by on gray-painted floors, differentiated from pedestrian walkways by another shade of gray.\u003c/p>\n\u003cp>There’s one color, though, that some of Tesla’s former safety experts wanted to see more of: yellow – the traditional hue of caution used to mark hazards.\u003c/p>\n\u003cp>Concerned about bone-crunching collisions and the lack of clearly marked pedestrian lanes at the Fremont, California, plant, the general assembly line’s then-lead safety professional went to her boss, who she said told her, “Elon does not like the color yellow.”\u003c/p>\n\u003cp>The melding of cutting-edge technology and world-saving vision is Tesla Inc.’s big draw. Many, including Justine White, the safety lead, went to work there inspired by Elon Musk, a CEO with star power and now a\u003ca href=\"https://www.theguardian.com/science/shortcuts/2018/feb/07/forget-the-car-in-space-why-elon-musks-reusable-rockets-are-more-than-a-publicity-stunt\"> groundbreaking rocket\u003c/a> in space.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>What she and some of her colleagues found, they said, was a chaotic factory floor where style and speed trumped safety. Musk’s name often was invoked to justify shortcuts and shoot down concerns, they said.\u003c/p>\n\u003cp>Under fire for mounting injuries, Tesla recently\u003ca href=\"https://www.tesla.com/blog/becoming-safest-car-factory-world\"> touted a sharp drop\u003c/a> in its injury rate for 2017, which it says came down to meet the auto industry average of about 6.2 injuries per 100 workers.\u003c/p>\n\u003cp>But things are not always as they seem at Tesla. An \u003ca href=\"https://www.revealnews.org/article/tesla-says-its-factory-is-safer-but-it-left-injuries-off-the-books\">investigation\u003c/a> by \u003ca href=\"http://revealnews.org/\">Reveal\u003c/a> from The Center for Investigative Reporting found that Tesla has failed to report some of its serious injuries on legally mandated reports, making the company’s injury numbers look better than they actually are.\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-medium wp-image-11662656\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-800x613.png\" alt=\"\" width=\"800\" height=\"613\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-800x613.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-160x123.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-1020x782.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-1180x904.png 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-960x736.png 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-240x184.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-375x287.png 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-520x399.png 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2.png 1190w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>Last April, Tarik Logan suffered debilitating headaches from the fumes of a toxic glue he had to use at the plant. He texted his mom: “I’m n hella pain foreal something ain’t right.”\u003c/p>\n\u003cp>The searing pain became so unbearable he couldn’t work, and it plagued him for weeks.\u003c/p>\n\u003cp>But Logan’s inhalation injury, as it was diagnosed, never made it onto the official injury logs that state and federal law requires companies to keep. Neither did reports from other factory workers of sprains, strains and repetitive stress injuries from piecing together Tesla’s sleek cars.\u003c/p>\n\u003cp>Instead, company officials labeled the injuries personal medical issues or minor incidents requiring only first aid, according to internal company records obtained by Reveal.\u003c/p>\n\u003cp>Undercounting injuries is one symptom of a more fundamental problem at Tesla: The company has put its manufacturing of electric cars above safety concerns, according to five former members of its environment, health and safety team who left the company last year. That, they said, has put workers unnecessarily in harm’s way.\u003c/p>\n\u003cp>At one point, White said she warned superiors about a potential explosion hazard but was told they would defer to production managers because fixing the problem would require stopping the production line.\u003c/p>\n\u003cp>From September 2016 to January 2017, White oversaw safety for thousands of workers on Tesla’s general assembly line, in charge of responding to injuries, reviewing injury records, teaching safety classes and assessing the factory for hazards.\u003c/p>\n\u003cp>“Everything took a back seat to production,” White said. “It’s just a matter of time before somebody gets killed.”\u003c/p>\n\u003cp>Tesla, worth about $50 billion, employs more than 10,000 workers at its Fremont factory. Alongside the company’s remarkable rise, workers have been sliced by machinery, crushed by forklifts, burned in electrical explosions and sprayed with molten metal. Tesla recorded \u003ca href=\"https://www.documentcloud.org/documents/4419499-Tesla-300A-2017.html\">722 injuries\u003c/a> last year, about two a day. The rate of serious injuries, requiring time off or a work restriction, was 30 percent worse than the previous year’s industry average.\u003c/p>\n\u003cp>Frantic growth, constant changes and lax rules, combined with a CEO whom senior managers were afraid to cross, created an atmosphere in which few dared to stand up for worker safety, the former environment, health and safety team members told Reveal.\u003c/p>\n\u003cp>And in addition to yellow, Musk was said to dislike too many signs in the factory and the warning beeps forklifts make when backing up, former team members said. His preferences, they said, were well known and led to cutting back on those standard safety signals.\u003c/p>\n\u003cp>“If someone said, ‘Elon doesn’t like something,’ you were concerned because you could lose your job,” said Susan Rigmaiden, former environmental compliance manager.\u003c/p>\n\u003cp>A few months into her job, White became so alarmed that she \u003ca href=\"https://www.documentcloud.org/documents/4419515-Justine-Email-to-HR.html\">wrote\u003c/a> to a human resources manager that “the risk of injury is too high. People are getting hurt every day and near-hit incidents where people are getting almost crushed or hit by cars is unacceptable.”\u003c/p>\n\u003cp>The next day, she \u003ca href=\"https://www.documentcloud.org/documents/4416595-Justine-White-Email-to-Sam-Teller.html\">emailed\u003c/a> Sam Teller, Musk’s chief of staff, that safety team leaders were failing to address the hazards.\u003c/p>\n\u003cp>“I know what can keep a person up at night regarding safety,” she wrote. “I must tell you that I can’t sleep here at Tesla.”\u003c/p>\n\u003cp>She said she never heard back from Musk’s office. She transferred departments and quit a couple of months later, disillusioned.\u003c/p>\n\u003cp>In her March 2017 \u003ca href=\"https://www.documentcloud.org/documents/4437759-Resignation-Letter-Excerpt.html\">resignation letter,\u003c/a> White recounted the time she told her boss, Seth Woody, “that the plant layout was extremely dangerous to pedestrians.” Woody, head of the safety team, told her “that Elon didn’t want signs, anything yellow (like caution tape) or to wear safety shoes in the plant” and acknowledged it “was a mess,” she wrote.\u003c/p>\n\u003cp>She sent the letter directly to Musk and the head of human resources at the time – to no response, she said. Woody did not respond to inquiries.\u003c/p>\n\u003cfigure id=\"attachment_11662661\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662661\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-800x534.jpg\" alt=\"Tesla quality inspector Dennis Cruz has had a series of injuries that took him off the production line. At one point, living on workers’ compensation payments because of work-induced tendinitis, he ended up living in his car, unable to afford rent.\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-520x347.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tesla quality inspector Dennis Cruz has had a series of injuries that took him off the production line. At one point, living on workers’ compensation payments because of work-induced tendinitis, he ended up living in his car, unable to afford rent. \u003ccite>(Emily Harger/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Tesla officials dismissed all of White’s concerns as unsubstantiated. They insisted that the company records injuries accurately and cares deeply about the safety of its workers. As proof, company officials said a recent anonymous internal survey found 82 percent of employees agreed that “Tesla is committed to my health, safety and well-being.”\u003c/p>\n\u003cp>Before publication of this story, a Tesla spokesman sent a \u003ca href=\"https://www.documentcloud.org/documents/4432415-Tesla-Statement.html\">statement\u003c/a> accusing Reveal of being a tool in an ongoing unionization drive and portraying “a completely false picture of Tesla and what it is actually like to work here.”\u003c/p>\n\u003cp>“In our view, what they portray as investigative journalism is in fact an ideologically motivated attack by an extremist organization working directly with union supporters to create a calculated disinformation campaign against Tesla,” the statement said.\u003c/p>\n\u003cp>Tesla’s spokesman also sent photos of rails and posts in the factory that were painted yellow.\u003c/p>\n\u003cp>Reveal interviewed more than three dozen current and former employees and managers and reviewed hundreds of pages of documents. Some of the workers who spoke to Reveal have supported the unionization effort, while many others – including safety professionals – had no involvement.\u003c/p>\n\u003ch2>A Chaotic Factory Floor\u003c/h2>\n\u003cp>On one hand, Tesla boasts state-of-the-art machinery that makes it “like working for Iron Man,” as one former employee described it. On the other, the company relied on hoists that weren’t engineered or inspected before they were used to lift heavy car parts, according to a former safety team member, resulting in repeated accidents.\u003c/p>\n\u003cfigure id=\"attachment_11662666\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662666\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/MuskLaunchEvent-800x529.jpg\" alt=\"At Tesla’s electric car factory in Fremont, CEO Elon Musk’s name often was invoked to justify shortcuts and shoot down safety concerns, former safety experts for the company say. \" width=\"800\" height=\"529\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-800x529.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-1020x675.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-1200x794.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-1180x781.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-960x635.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-240x159.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-375x248.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-520x344.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">At Tesla’s electric car factory in Fremont, CEO Elon Musk’s name often was invoked to justify shortcuts and shoot down safety concerns, former safety experts for the company say. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The company is under immense pressure to ramp up manufacturing of the new Model 3 sedan, its first mass-market vehicle at $35,000. Musk initially said Tesla would be producing\u003ca href=\"https://mashable.com/2017/10/03/tesla-model-3-production-woes-analysis/#KH37hHQFemqw\"> 20,000 of them per month\u003c/a> by the end of 2017, but the company \u003ca href=\"https://www.washingtonpost.com/news/innovations/wp/2018/04/03/tesla-misses-model-3-production-goal-once-again/?utm_term=.6679155b2d34\">just missed\u003c/a> its scaled-back promise to produce half that number.\u003c/p>\n\u003cp>Tesla is often in a state of frenzied production. Former employees said they faced 12-hour workdays, faulty equipment and paltry training as they scrambled to come up with workarounds on the fly to get cars out the door.\u003c/p>\n\u003cp>The hustle meant that health and safety protocols could literally get left in the dust. Last year, construction workers cut through concrete to build the new Model 3 assembly line, spreading silica dust – which can cause cancer – without containing and testing it first, Rigmaiden and two other former members of the health and safety team said.\u003c/p>\n\u003cp>Despite the high stakes for life and limb, the safety professionals maintain safety training has been woefully inadequate. The company said all workers receive at least four days of training. But new employees often were pulled out of training early to fill spots on the factory floor, White and another former safety team member said.\u003c/p>\n\u003cp>Team members were reluctant to speak to reporters, but said they agreed to in order to help improve conditions for current and future Tesla workers. Some asked to remain anonymous for fear of reprisals or hurting their careers.\u003c/p>\n\u003cp>In an interview, Tesla Chief People Officer Gaby Toledano, who joined the company in May, repeatedly questioned the motives of the former health and safety professionals and suggested they might have been “failing at their own job.”\u003c/p>\n\u003cp>Toledano touted the hiring in October of Laurie Shelby as Tesla’s first vice president for environment, health and safety as an improvement in itself.\u003c/p>\n\u003cp>“Anybody who walks through our doors into this factory is our responsibility, and we care about them,” said Shelby, formerly safety vice president at aluminum manufacturer Alcoa. “I have a passion for safety and it’s about caring.”\u003c/p>\n\u003cp>Tesla disputed each of Reveal’s findings. The company said that it had no information that workers were exposed to silica dust and that it does regular air monitoring. It said that while some hoists did fail and injure workers, it was not due to a lack of engineering or inspections, and they have been improved.\u003c/p>\n\u003cfigure id=\"attachment_11662669\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662669\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/B82I9143-1024x683-800x534.jpg\" alt=\"Tesla officials Laurie Shelby (L) and Gaby Toledano read the concerns of then-safety lead Justine White, who emailed CEO Elon Musk’s chief of staff in 2016. “I know what can keep a person up at night regarding safety,” she wrote. “I must tell you that I can’t sleep here at Tesla.” Tesla says her concerns were unsubstantiated. \" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-520x347.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tesla officials Laurie Shelby (L) and Gaby Toledano read the concerns of then-safety lead Justine White, who emailed CEO Elon Musk’s chief of staff in 2016. “I know what can keep a person up at night regarding safety,” she wrote. “I must tell you that I can’t sleep here at Tesla.” Tesla says her concerns were unsubstantiated. \u003ccite>(Paul Kuroda/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Toledano and Shelby said they had never heard of Musk’s purported aesthetic preferences and pointed out that the factory does have some yellow. Both distanced themselves from what might have happened before their tenure.\u003c/p>\n\u003cp>Not all injured workers have given up on Tesla, either. Dennis Cruz has had his share of injuries, yet he still wants to get back to the production line.\u003c/p>\n\u003cp>At one point, out on workers’ compensation because of work-induced tendinitis, Cruz ended up living in his car, unable to afford rent. Then, in late 2016, a \u003ca href=\"https://www.documentcloud.org/documents/4436216-SDS-BM4601.html\">toxic\u003c/a> adhesive many workers complain about got in his eye, damaging his cornea. And in September, as a quality inspector, Cruz says he put out a fire that broke out on a car body, inhaling fumes from burning chemicals.\u003c/p>\n\u003cp>Cruz, 42, is on light duty as he struggles with shortness of breath, coughing spells and headaches. But he wants to provide for his family, apply his skills and get promoted.\u003c/p>\n\u003cp>“I can’t do that on workers’ comp. I can’t do that away from the factory,” he said. “That’s why I push to go back. I push to go back into the fire.”\u003c/p>\n\u003ch2>Discrepancies in Injury Counts\u003c/h2>\n\u003cp>In Tesla’s internal injury tracking system, a supervisor wrote that a worker couldn’t come to work one day in February 2017 because “his left arm was in pain from installing Wiper motors during his shift.” One worker “fainted and hit head on floor” because “team member was working in a group setting and became uncomfortably hot.” Another employee, a supervisor noted, was “highly relied upon at this workstation” but injured her shoulder from repetitive motion due to an “Unfriendly Ergonomic Process.”\u003c/p>\n\u003cp>Tesla is required by law to report every work-related injury that results in days away from work, job restrictions or medical treatment beyond first aid. But those injuries were labeled “personal medical” cases, meaning work had nothing to do with them. So they weren’t counted when Tesla tallied its injuries on legally mandated reports.\u003c/p>\n\u003cfigure id=\"attachment_11662683\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662683\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/Y5I6227-1024x683-800x534.jpg\" alt=\"New Tesla employees learn how to use tools safely in a training session at the Fremont factory. State safety regulators have cited Tesla eight times since 2013 for deficient training, including twice in the last year. \" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-520x347.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">New Tesla employees learn how to use tools safely in a training session at the Fremont factory. State safety regulators have cited Tesla eight times since 2013 for deficient training, including twice in the last year. \u003ccite>(Paul Kuroda/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of the uncounted goes on. One worker had back spasms when reaching for boxes, one sprained her back carrying something to a work table and one got a pinch in his back from bending over to apply sealer and couldn’t walk off the pain.\u003c/p>\n\u003cp>By law, if something at work contributed to an injury – even if work wasn’t the only cause – the injury \u003ca href=\"https://www.dir.ca.gov/t8/14300_5.html\">must be counted\u003c/a>.\u003c/p>\n\u003cp>A former Tesla safety professional, however, said the company systematically undercounted injuries by mislabeling them.\u003c/p>\n\u003cp>“I saw injuries on there like broken bones and lacerations that they were saying were not recordable” as injuries, said the safety professional, who asked to remain anonymous. “I saw a lot of stuff that was like, ‘Wow, this is crazy.’ ”\u003c/p>\n\u003cp>Reveal compared records from Tesla’s internal tracking system, obtained from a source, with the official logs, which were requested by an employee and provided to Reveal.\u003c/p>\n\u003cp>For a dozen examples provided to the company by Reveal, Tesla stood by its decision to not count them. It said workers may have thought they were injured because of their jobs, and supervisors may have assumed the same. But later, Tesla said, a medical professional – sometimes contracted or affiliated with the company – determined there was no connection to work.\u003c/p>\n\u003cp>“I feel very strongly,” Shelby said. “We are doing proper recordkeeping here at Tesla.”\u003c/p>\n\u003cp>Reveal also provided Tesla’s internal descriptions of the injuries, along with the company’s case-by-case response, to Doug Parker, executive director of Worksafe, an Oakland-based organization that \u003ca href=\"http://worksafe.typepad.com/files/worksafe_tesla5_24.pdf\">previously analyzed\u003c/a> Tesla’s official injury logs.\u003c/p>\n\u003cp>“The examples you’ve given me are concerning, troubling,” he said. “They suggest that Tesla isn’t reporting all the workplace injuries that they should be reporting.”\u003c/p>\n\u003cp>Listen to the podcast:\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"100%\" height=\"300\" scrolling=\"no\" frameborder=\"no\" allow=\"autoplay\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/429374469&color=%23ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&show_teaser=true&visual=true\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>California’s Division of Occupational Safety and Health has cited Tesla for more than 40 violations since 2013. Tesla’s rate of serious injuries that required time off or job restrictions was\u003ca href=\"http://worksafe.org/file_download/inline/83a169a1-2af7-4c2e-81a5-21b6965ff996\"> 83 percent higher\u003c/a> than the industry in 2016. Since then, however, Tesla says it has turned things around on its way to “\u003ca href=\"https://www.tesla.com/blog/becoming-safest-car-factory-world\">becoming the safest car factory in the world\u003c/a>.”\u003c/p>\n\u003cp>Last year, Musk claimed in a \u003ca href=\"https://techcrunch.com/2017/02/24/elon-musk-addresses-working-condition-claims-in-tesla-staff-wide-email/\">staffwide email\u003c/a> and at a \u003ca href=\"https://www.mercurynews.com/2017/06/06/elon-musk-says-tesla-is-on-its-way-to-lowering-employees-injury-rate/\">shareholder meeting\u003c/a> that the company’s injury rate was much better than the industry average. A company \u003ca href=\"https://www.tesla.com/blog/creating-the-safest-car-factory-in-the-world\">blog post\u003c/a> said that to be average would be “to go backwards.”\u003c/p>\n\u003cp>Then Tesla apparently did hit reverse.\u003c/p>\n\u003cp>“Our 2017 data showed that we are at industry average, so we’re happy about that,” Shelby said, explaining the earlier claims as a “snapshot in time.”\u003c/p>\n\u003cp>Musk also \u003ca href=\"https://electrek.co/2017/06/02/elon-musk-tesla-injury-factory/\">emailed\u003c/a> his staff last year saying he was meeting weekly with the safety team and “would like to meet every injured person as soon as they are well, so that I can understand from them exactly what we need to do to make it better.”\u003c/p>\n\u003cp>Toledano said Musk did meet with some injured workers, but no longer meets weekly with the safety team because it isn’t necessary.\u003c/p>\n\u003cp>“Now I can’t claim he’s met with every injured worker,” she said. “I think that’s absurd.”\u003c/p>\n\u003cp>Several former members of the environment, health and safety team said they had other reasons to doubt Tesla’s official numbers.\u003c/p>\n\u003cp>The company, for example, didn’t always count injuries among the plant’s temporary workers, they said. Tesla fills some of its factory positions with temp workers who later may be offered permanent jobs. Companies must count those injuries if they supervise the temps, as Tesla does.\u003c/p>\n\u003cp>“That’s the law,” agreed Tesla’s Shelby. “Based on my review of our data, we’ve always done that.”\u003c/p>\n\u003cfigure id=\"attachment_11662689\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662689\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/B82I9150-1024x683-800x534.jpg\" alt=\"Laurie Shelby, Tesla’s vice president for environment, health and safety, points to the principles of her department listed on a placard at the car plant in Fremont.\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-520x347.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Laurie Shelby, Tesla’s vice president for environment, health and safety, points to the principles of her department listed on a placard at the car plant in Fremont. \u003ccite>(Paul Kuroda/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At one point, though, White said she asked her supervisor why the injury rate seemed off, and he told her they weren’t counting temp worker injuries.\u003c/p>\n\u003cp>“They knew they were reporting incorrect numbers,” White said. “Those workers were being injured on the floor and that wasn’t being captured, and they knew that.”\u003c/p>\n\u003cp>Tesla began to fix that problem in 2017, former employees said, but it’s unclear how consistently.\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-medium wp-image-11662690\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-800x537.png\" alt=\"\" width=\"800\" height=\"537\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-800x537.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-160x107.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-1020x684.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-1200x805.png 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-1180x792.png 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-960x644.png 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-240x161.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-375x252.png 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-520x349.png 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final.png 1592w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>After workers requested the company’s injury logs last year, Tesla\u003ca href=\"https://www.documentcloud.org/documents/4419502-Tesla-300A-2016-Amended.html\"> amended\u003c/a> its\u003ca href=\"https://www.documentcloud.org/documents/4419503-Tesla-300A-2016-initial.html\"> original\u003c/a> 2016 report to add 135 injuries that hadn’t been counted previously. The company said it changed the numbers after it discovered injuries that hadn’t been shared with Tesla by its temp agencies.\u003c/p>\n\u003ch2>Toxic Workplace Chemicals\u003c/h2>\n\u003cp>In April 2017, Tarik Logan – a temporary worker – was assigned to patch parts in Tesla’s battery packs with Henkel Loctite AA H3500. The powerful adhesive includes \u003ca href=\"https://www.epa.gov/sites/production/files/2016-09/documents/methyl-methacrylate.pdf\">toxic chemicals\u003c/a> that can cause \u003ca href=\"https://www.documentcloud.org/documents/4433392-LoctiteH3500-SDS-1808799.html\">allergic reactions and even genetic defects\u003c/a>. Logan and a former co-worker said they went through more than 100 tubes of the glue a day without adequate ventilation or protection from the fumes.\u003c/p>\n\u003cp>First it brought dizziness, then headaches – the worst pain he’s ever felt, Logan said.\u003c/p>\n\u003cp>“He’s a strong person,” said Toni Porter, his mother. “For him to cry out, it was terrifying.”\u003c/p>\n\u003cp>Tesla referred Logan, then 23, to a medical clinic that diagnosed an “acute reaction to car adhesive glue causing headaches, dizziness, and some respiratory discomfort.” The doctor gave him prescription-strength painkillers and told him to avoid the glue.\u003c/p>\n\u003cp>“My head still hurt tho,” he texted Porter. “This Shit hurrrrrts!!!!!!!”\u003c/p>\n\u003cp>These texts are among those sent by Tarik Logan to his mother, Toni Porter, while Logan worked at the Tesla factory in Fremont, California in April 2017:\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-medium wp-image-11662690\" src=\"https://www.revealnews.org/wp-content/uploads/2018/04/texts34.gif\" alt=\"\" width=\"800\" height=\"537\">\u003c/p>\n\u003cp>He missed work and ended up at the hospital multiple times, Logan and Porter said. Then Tesla declined to take him on as a permanent employee, citing attendance issues.\u003c/p>\n\u003cp>Tesla, in response to Reveal’s inquiries, said it doesn’t agree with the doctor’s determination that Logan’s pain was work-related. In any case, Tesla said, it doesn’t count as an injury because it didn’t require any medical treatment.\u003c/p>\n\u003cp>By law, however, just the prescription of pain medication – documented in medical records obtained by Reveal – \u003ca href=\"https://www.osha.gov/laws-regs/standardinterpretations/2007-02-06-1\">requires\u003c/a> that his injury be counted.\u003c/p>\n\u003cp>Logan handled only a very small amount of the chemical and exposure levels were within standards, Tesla stated. The company also said Logan didn’t complain about headaches until he told a doctor a month later.\u003c/p>\n\u003cp>That statement is contradicted by medical records and internal company records, which show that Logan’s supervisor put it in Tesla’s injury tracking system and Logan was diagnosed by a doctor a week after his headaches started.\u003c/p>\n\u003cp>The former safety team member who asked to remain anonymous said Tesla told workers that their reactions to workplace chemicals were personal medical problems instead of treating them.\u003c/p>\n\u003cp>“We have employees at work that don’t know what they’re being exposed to, and nobody’s taking care of them,” the safety professional said. “It’s heartbreaking.”\u003c/p>\n\u003cfigure id=\"attachment_11662701\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662701\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-800x530.jpg\" alt=\"Mark Eberley, 48, was diagnosed with carpal tunnel syndrome in 2014. He injured his hand welding thousands of studs to car wheelhouses during nearly 12-hour days at Tesla.\" width=\"800\" height=\"530\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-800x530.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-1020x676.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-960x637.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-240x159.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-375x249.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-520x345.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Mark Eberley, 48, was diagnosed with carpal tunnel syndrome in 2014. He injured his hand welding thousands of studs to car wheelhouses during nearly 12-hour days at Tesla. \u003ccite>(Emily Harger/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>One worker is described in internal records as having gone to Tesla’s nurse “expressing concerns with the fumes in the area. Saying he feels like he is dying.” It was marked a personal medical issue, with a note that stated, “Beyond my skillset.”\u003c/p>\n\u003cp>Shelby, the safety vice president, said Tesla checks thoroughly for chemical exposures and “nowhere are we over any of the exposure limits.”\u003c/p>\n\u003cp>This year, regulators \u003ca href=\"https://www.documentcloud.org/documents/4390644-Inspection-1268303-Citations-Copy.html\">cited\u003c/a> the company for failing to “effectively assess the workplace” for chemical hazards, which Tesla is appealing.\u003c/p>\n\u003ch2>‘Thrown to the Wolves’\u003c/h2>\n\u003cp>If Tesla has been improving, it wasn’t fast enough for Alaa Alkhafagi, who joined Tesla in 2017 as an engineering technician servicing robots that spray paint on car bodies. Alkhafagi said he received no safety instruction specific to the paint department.\u003c/p>\n\u003cp>Last fall, Alkhafagi, 27, said he was told to go underneath the painting booth to clear excess paint from a clogged hose.\u003c/p>\n\u003cp>Unsure of how to get down there, workers would pry up a piece of the metal flooring and jump in, he said. When he did, Alkhafagi’s foot got stuck in paint, his hand slipped and he fell forward, \u003ca href=\"https://www.documentcloud.org/documents/4436269-Alkhafagi-Injury.html\">smashing\u003c/a> his head and arm. He ended up unable to make a fist or go back to his job, filing a workers’ compensation claim, he said.\u003c/p>\n\u003cp>The incident didn’t end up on Tesla’s official injury logs. The company said it wasn’t recorded because Alkhafagi initially received only first aid. But his inability to go back to his normal work duties would mean that the injury should have been counted.\u003c/p>\n\u003cp>“It’s more than the accident,” Alkhafagi said. “They haven’t trained anyone properly.”\u003c/p>\n\u003cp>Tesla said that after his injury, the company made sure only specially trained workers did that job.\u003c/p>\n\u003cp>Lack of adequate training was a problem throughout the factory, said Roger Croney, who oversaw workers in three different departments.\u003c/p>\n\u003cp>New employees with no factory experience were sent to Tesla’s die-casting operation – where aluminum is melted and molded into parts – without basic training specific to the job, said Croney, former associate manager in that department. Some didn’t know they’d be working with 1,200-degree molten metal.\u003c/p>\n\u003cp>It was far different from the General Motors plant in Ohio where Croney had worked for eight years, he said. So Croney took it upon himself to develop his own training program. A blast of liquid metal had burned his face and hands not long after he came to Tesla in 2012, and he took safety seriously. But other supervisors didn’t, Croney said.\u003c/p>\n\u003cfigure id=\"attachment_11662702\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662702\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/AJ53579-1024x683-800x534.jpg\" alt=\"Roger Croney oversaw workers in three different departments at Tesla. He took it upon himself to develop his own training program for new employees, whom he said were sometimes sent to work with no factory experience or basic training specific to the job. \" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-520x347.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Roger Croney oversaw workers in three different departments at Tesla. He took it upon himself to develop his own training program for new employees, whom he said were sometimes sent to work with no factory experience or basic training specific to the job. \u003ccite>(AJ Mast/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“A lot of workers come in and they get thrown to the wolves,” he said.\u003c/p>\n\u003cp>Croney quit in March 2017 with a \u003ca href=\"https://www.documentcloud.org/documents/4432391-Roger-Croney-Resignation-Letter.html\">letter\u003c/a> alleging a pattern of discriminatory treatment. Croney, who is black, said he was passed over repeatedly by white people with less experience and then demoted to a supervisor.\u003c/p>\n\u003cp>In a statement, Tesla said Croney didn’t mention racial discrimination in his letter or exit interview. Croney has a pending claim of racial discrimination at Tesla with the U.S. Equal Employment Opportunity Commission.\u003c/p>\n\u003cp>State safety regulators have cited Tesla eight times since 2013 for deficient training, including twice in the last year, according to a Reveal review of records.\u003c/p>\n\u003cp>Tesla defended its training regimen, saying all new production employees get a day of orientation, a day of classroom instruction and two days of hands-on training in which they’re shown how to hold and use tools while avoiding injury. Workers building the Model 3 get an additional two days of virtual training on computers.\u003c/p>\n\u003cp>“Four days is pretty intensive,” Toledano said, “and then there’s ongoing training, so training is central.”\u003c/p>\n\u003ch2>Repetitive Stress Injuries\u003c/h2>\n\u003cp>Acknowledging that repetitive stress injuries are the most common way workers get hurt there, Tesla officials emphasize ergonomic improvements to the new Model 3 assembly line.\u003c/p>\n\u003cp>“We actually redesigned it so it’s safer for our employees to make,” Shelby said. “It’s super cool to see when it’s on the line how much easier it is to make the Model 3.”\u003c/p>\n\u003cp>Tesla, however, wouldn’t let reporters see that assembly line.\u003c/p>\n\u003cfigure id=\"attachment_11662703\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662703\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/TeslaFactory-800x528.jpg\" alt=\"Inside Tesla’s electric car factory in Fremont, the company is under immense pressure to ramp up production of the new Model 3 sedan, its first mass-market vehicle at $35,000.\" width=\"800\" height=\"528\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-800x528.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-1020x673.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-1200x791.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-1180x778.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-960x633.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-240x158.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-375x247.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-520x343.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Inside Tesla’s electric car factory in Fremont, the company is under immense pressure to ramp up production of the new Model 3 sedan, its first mass-market vehicle at $35,000. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>When building Tesla’s other cars, former workers said they had to sacrifice their bodies to save time. Some workers, for example, lifted heavy car seats over their shoulders because the mechanical assists designed to ease the load were too slow, said Joel Barraza, a former production associate.\u003c/p>\n\u003cp>“People would carry a seat because they’d be like, ‘Oh, I gotta get this done.’ I personally carried a seat,” Barraza said. “They’re supposed to move. Move it on, move it on, keep the line going.”\u003c/p>\n\u003cp>White, the former safety lead, also said workers sometimes lifted seats manually, but Tesla, in a statement, said it doesn’t happen.\u003c/p>\n\u003cp>Barraza said he was fired along with hundreds of other workers last fall. Tesla said employees were\u003ca href=\"https://www.mercurynews.com/2017/10/13/4819750/\"> terminated en masse\u003c/a> due to performance issues, though some workers have argued they were \u003ca href=\"https://www.cnbc.com/2017/10/17/tesla-firings-former-and-current-employees-allege-layoffs.html\">cost-cutting layoffs\u003c/a> or used to \u003ca href=\"http://www.autonews.com/article/20171026/OEM01/171029793/tesla-uaw-labor-dispute-california\">punish union supporters\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11662704\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662704\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-800x533.jpg\" alt=\"Mark Eberley shows his scar from surgery after carpal tunnel syndrome left him unable to continue work at the Tesla factory in Fremont. He has been out of work for years. \" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-960x639.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-520x346.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Mark Eberley shows his scar from surgery after carpal tunnel syndrome left him unable to continue work at the Tesla factory in Fremont. He has been out of work for years. \u003ccite>(Emily Harger/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Barraza said he and others hurt their backs through repetitive movements, but few complained because “supervisors would be like, ‘Oh, he’s just being a little bitch.’”\u003c/p>\n\u003cp>Workers’ accounts from 2017 didn’t sound much different from those who were injured years earlier. In 2014, Mark Eberley was diagnosed with Tesla-induced carpal tunnel syndrome. He wrecked his hand welding thousands of studs to car wheelhouses during nearly 12-hour days, he said. He needed surgery and was out of work and on workers’ compensation for years.\u003c/p>\n\u003cp>“No matter what we were doing, it was hustle, hustle, hustle,” he said. “If you didn’t get your numbers, they’d be complaining to you.”\u003c/p>\n\u003cp>The pressure could be crushing for white-collar workers as well.\u003c/p>\n\u003cp>At his office job at the Fremont factory, senior analyst Ali Khan prepared Tesla’s financial filings required by the U.S. Securities and Exchange Commission. In 2016, the office was understaffed, and he worked at least 12 hours every day, he said – no weekends, holidays or days off at all.\u003c/p>\n\u003cp>The pain from repetitive motion started in his wrists, radiated up his arms, then to his neck and back. He said he would have trouble holding a glass of water and couldn’t play with his 1-year-old daughter.\u003c/p>\n\u003cp>Khan said he asked for an ergonomic evaluation, but Tesla’s safety team told his manager they were too busy.\u003c/p>\n\u003cp>\"My boss is telling me, ‘Oh, if you are going to take time off, it’s going to slow us down, it’s going to affect your reviews,'\" he said.\u003c/p>\n\u003cp>Tesla eventually sent him to one of its preferred health clinics. A doctor there diagnosed him with work-related muscle strains and tendinitis, repeatedly prescribing painkillers and work restrictions, \u003ca href=\"https://www.documentcloud.org/documents/4433386-Khan-Medical-Records.html\">medical records show\u003c/a>.\u003c/p>\n\u003cp>That meant Khan had to be listed on Tesla’s injury logs. He wasn’t.\u003c/p>\n\u003cp>Khan said he still wasn’t allowed the doctor-ordered breaks. Forfeiting lucrative stock options, he submitted his resignation in August 2016. But his body hasn’t recovered.\u003c/p>\n\u003cp>“These things were preventable – that’s what makes me upset,” he said. “All of this could have been addressed, and it just wasn’t.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cspan class=\"ctx-article-root\">\u003c!-- -->\u003c/span> \u003cimg id=\"pixel-ping-tracker\" src=\"https://pixel.revealnews.org/pixel.gif?key=pixel.3rdrevnews.tesla-says-its-factory-is-safer-but-it-left-injuries-off-the-books.htkl4vtololw22goiwba\" width=\"0\" height=\"0\">\u003c/p>\n\n","blocks":[],"excerpt":"Undercounting injuries is a symptom of a bigger problem: Tesla has put electric car manufacturing above safety concerns, former safety experts say.","status":"publish","parent":0,"modified":1524009304,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":129,"wordCount":4970},"headData":{"title":"Tesla Says Its Factory Is Safer, but It Left Injuries Off the Books | KQED","description":"Undercounting injuries is a symptom of a bigger problem: Tesla has put electric car manufacturing above safety concerns, former safety experts say.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Tesla Says Its Factory Is Safer, but It Left Injuries Off the Books","datePublished":"2018-04-17T13:00:31.000Z","dateModified":"2018-04-17T23:55:04.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11662641 https://ww2.kqed.org/news/?p=11662641","disqusUrl":"https://ww2.kqed.org/news/2018/04/17/tesla-says-its-factory-is-safer-but-it-left-injuries-off-the-books/","disqusTitle":"Tesla Says Its Factory Is Safer, but It Left Injuries Off the Books","source":"Reveal from The Center for Investigative Reporting","sourceUrl":"https://www.revealnews.org/","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2018/04/Evans2wayTesla.mp3","nprByline":"\u003ca href=\"https://www.revealnews.org/author/willevans\" rel=\"author\">Will Evans\u003c/a> and \u003ca href=\"https://www.revealnews.org/author/alyssa-jeong-perry\" rel=\"author\">Alyssa Jeong Perry\u003c/a>","path":"/news/11662641/tesla-says-its-factory-is-safer-but-it-left-injuries-off-the-books","audioDuration":260000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>This story was originally published by Reveal from The Center for Investigative Reporting, a nonprofit news organization based in the San Francisco Bay Area. Learn more at \u003ca href=\"https://www.revealnews.org/\">revealnews.org\u003c/a> and subscribe to the Reveal podcast, produced with PRX, at \u003ca href=\"https://www.revealnews.org/podcast\">revealnews.org/podcast\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">I\u003c/span>\u003c/p>\u003cp>nside Tesla’s electric car factory, giant red robots – some named for X-Men characters – heave car parts in the air, while workers wearing black toil on aluminum car bodies. Forklifts and tuggers zip by on gray-painted floors, differentiated from pedestrian walkways by another shade of gray.\u003c/p>\n\u003cp>There’s one color, though, that some of Tesla’s former safety experts wanted to see more of: yellow – the traditional hue of caution used to mark hazards.\u003c/p>\n\u003cp>Concerned about bone-crunching collisions and the lack of clearly marked pedestrian lanes at the Fremont, California, plant, the general assembly line’s then-lead safety professional went to her boss, who she said told her, “Elon does not like the color yellow.”\u003c/p>\n\u003cp>The melding of cutting-edge technology and world-saving vision is Tesla Inc.’s big draw. Many, including Justine White, the safety lead, went to work there inspired by Elon Musk, a CEO with star power and now a\u003ca href=\"https://www.theguardian.com/science/shortcuts/2018/feb/07/forget-the-car-in-space-why-elon-musks-reusable-rockets-are-more-than-a-publicity-stunt\"> groundbreaking rocket\u003c/a> in space.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>What she and some of her colleagues found, they said, was a chaotic factory floor where style and speed trumped safety. Musk’s name often was invoked to justify shortcuts and shoot down concerns, they said.\u003c/p>\n\u003cp>Under fire for mounting injuries, Tesla recently\u003ca href=\"https://www.tesla.com/blog/becoming-safest-car-factory-world\"> touted a sharp drop\u003c/a> in its injury rate for 2017, which it says came down to meet the auto industry average of about 6.2 injuries per 100 workers.\u003c/p>\n\u003cp>But things are not always as they seem at Tesla. An \u003ca href=\"https://www.revealnews.org/article/tesla-says-its-factory-is-safer-but-it-left-injuries-off-the-books\">investigation\u003c/a> by \u003ca href=\"http://revealnews.org/\">Reveal\u003c/a> from The Center for Investigative Reporting found that Tesla has failed to report some of its serious injuries on legally mandated reports, making the company’s injury numbers look better than they actually are.\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-medium wp-image-11662656\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-800x613.png\" alt=\"\" width=\"800\" height=\"613\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-800x613.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-160x123.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-1020x782.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-1180x904.png 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-960x736.png 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-240x184.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-375x287.png 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2-520x399.png 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-employee-injury-rate-final-2.png 1190w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>Last April, Tarik Logan suffered debilitating headaches from the fumes of a toxic glue he had to use at the plant. He texted his mom: “I’m n hella pain foreal something ain’t right.”\u003c/p>\n\u003cp>The searing pain became so unbearable he couldn’t work, and it plagued him for weeks.\u003c/p>\n\u003cp>But Logan’s inhalation injury, as it was diagnosed, never made it onto the official injury logs that state and federal law requires companies to keep. Neither did reports from other factory workers of sprains, strains and repetitive stress injuries from piecing together Tesla’s sleek cars.\u003c/p>\n\u003cp>Instead, company officials labeled the injuries personal medical issues or minor incidents requiring only first aid, according to internal company records obtained by Reveal.\u003c/p>\n\u003cp>Undercounting injuries is one symptom of a more fundamental problem at Tesla: The company has put its manufacturing of electric cars above safety concerns, according to five former members of its environment, health and safety team who left the company last year. That, they said, has put workers unnecessarily in harm’s way.\u003c/p>\n\u003cp>At one point, White said she warned superiors about a potential explosion hazard but was told they would defer to production managers because fixing the problem would require stopping the production line.\u003c/p>\n\u003cp>From September 2016 to January 2017, White oversaw safety for thousands of workers on Tesla’s general assembly line, in charge of responding to injuries, reviewing injury records, teaching safety classes and assessing the factory for hazards.\u003c/p>\n\u003cp>“Everything took a back seat to production,” White said. “It’s just a matter of time before somebody gets killed.”\u003c/p>\n\u003cp>Tesla, worth about $50 billion, employs more than 10,000 workers at its Fremont factory. Alongside the company’s remarkable rise, workers have been sliced by machinery, crushed by forklifts, burned in electrical explosions and sprayed with molten metal. Tesla recorded \u003ca href=\"https://www.documentcloud.org/documents/4419499-Tesla-300A-2017.html\">722 injuries\u003c/a> last year, about two a day. The rate of serious injuries, requiring time off or a work restriction, was 30 percent worse than the previous year’s industry average.\u003c/p>\n\u003cp>Frantic growth, constant changes and lax rules, combined with a CEO whom senior managers were afraid to cross, created an atmosphere in which few dared to stand up for worker safety, the former environment, health and safety team members told Reveal.\u003c/p>\n\u003cp>And in addition to yellow, Musk was said to dislike too many signs in the factory and the warning beeps forklifts make when backing up, former team members said. His preferences, they said, were well known and led to cutting back on those standard safety signals.\u003c/p>\n\u003cp>“If someone said, ‘Elon doesn’t like something,’ you were concerned because you could lose your job,” said Susan Rigmaiden, former environmental compliance manager.\u003c/p>\n\u003cp>A few months into her job, White became so alarmed that she \u003ca href=\"https://www.documentcloud.org/documents/4419515-Justine-Email-to-HR.html\">wrote\u003c/a> to a human resources manager that “the risk of injury is too high. People are getting hurt every day and near-hit incidents where people are getting almost crushed or hit by cars is unacceptable.”\u003c/p>\n\u003cp>The next day, she \u003ca href=\"https://www.documentcloud.org/documents/4416595-Justine-White-Email-to-Sam-Teller.html\">emailed\u003c/a> Sam Teller, Musk’s chief of staff, that safety team leaders were failing to address the hazards.\u003c/p>\n\u003cp>“I know what can keep a person up at night regarding safety,” she wrote. “I must tell you that I can’t sleep here at Tesla.”\u003c/p>\n\u003cp>She said she never heard back from Musk’s office. She transferred departments and quit a couple of months later, disillusioned.\u003c/p>\n\u003cp>In her March 2017 \u003ca href=\"https://www.documentcloud.org/documents/4437759-Resignation-Letter-Excerpt.html\">resignation letter,\u003c/a> White recounted the time she told her boss, Seth Woody, “that the plant layout was extremely dangerous to pedestrians.” Woody, head of the safety team, told her “that Elon didn’t want signs, anything yellow (like caution tape) or to wear safety shoes in the plant” and acknowledged it “was a mess,” she wrote.\u003c/p>\n\u003cp>She sent the letter directly to Musk and the head of human resources at the time – to no response, she said. Woody did not respond to inquiries.\u003c/p>\n\u003cfigure id=\"attachment_11662661\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662661\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-800x534.jpg\" alt=\"Tesla quality inspector Dennis Cruz has had a series of injuries that took him off the production line. At one point, living on workers’ compensation payments because of work-induced tendinitis, he ended up living in his car, unable to afford rent.\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683-520x347.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/031118_TESLA_DennisCruz_02-1024x683.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tesla quality inspector Dennis Cruz has had a series of injuries that took him off the production line. At one point, living on workers’ compensation payments because of work-induced tendinitis, he ended up living in his car, unable to afford rent. \u003ccite>(Emily Harger/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Tesla officials dismissed all of White’s concerns as unsubstantiated. They insisted that the company records injuries accurately and cares deeply about the safety of its workers. As proof, company officials said a recent anonymous internal survey found 82 percent of employees agreed that “Tesla is committed to my health, safety and well-being.”\u003c/p>\n\u003cp>Before publication of this story, a Tesla spokesman sent a \u003ca href=\"https://www.documentcloud.org/documents/4432415-Tesla-Statement.html\">statement\u003c/a> accusing Reveal of being a tool in an ongoing unionization drive and portraying “a completely false picture of Tesla and what it is actually like to work here.”\u003c/p>\n\u003cp>“In our view, what they portray as investigative journalism is in fact an ideologically motivated attack by an extremist organization working directly with union supporters to create a calculated disinformation campaign against Tesla,” the statement said.\u003c/p>\n\u003cp>Tesla’s spokesman also sent photos of rails and posts in the factory that were painted yellow.\u003c/p>\n\u003cp>Reveal interviewed more than three dozen current and former employees and managers and reviewed hundreds of pages of documents. Some of the workers who spoke to Reveal have supported the unionization effort, while many others – including safety professionals – had no involvement.\u003c/p>\n\u003ch2>A Chaotic Factory Floor\u003c/h2>\n\u003cp>On one hand, Tesla boasts state-of-the-art machinery that makes it “like working for Iron Man,” as one former employee described it. On the other, the company relied on hoists that weren’t engineered or inspected before they were used to lift heavy car parts, according to a former safety team member, resulting in repeated accidents.\u003c/p>\n\u003cfigure id=\"attachment_11662666\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662666\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/MuskLaunchEvent-800x529.jpg\" alt=\"At Tesla’s electric car factory in Fremont, CEO Elon Musk’s name often was invoked to justify shortcuts and shoot down safety concerns, former safety experts for the company say. \" width=\"800\" height=\"529\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-800x529.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-1020x675.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-1200x794.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-1180x781.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-960x635.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-240x159.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-375x248.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/MuskLaunchEvent-520x344.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">At Tesla’s electric car factory in Fremont, CEO Elon Musk’s name often was invoked to justify shortcuts and shoot down safety concerns, former safety experts for the company say. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The company is under immense pressure to ramp up manufacturing of the new Model 3 sedan, its first mass-market vehicle at $35,000. Musk initially said Tesla would be producing\u003ca href=\"https://mashable.com/2017/10/03/tesla-model-3-production-woes-analysis/#KH37hHQFemqw\"> 20,000 of them per month\u003c/a> by the end of 2017, but the company \u003ca href=\"https://www.washingtonpost.com/news/innovations/wp/2018/04/03/tesla-misses-model-3-production-goal-once-again/?utm_term=.6679155b2d34\">just missed\u003c/a> its scaled-back promise to produce half that number.\u003c/p>\n\u003cp>Tesla is often in a state of frenzied production. Former employees said they faced 12-hour workdays, faulty equipment and paltry training as they scrambled to come up with workarounds on the fly to get cars out the door.\u003c/p>\n\u003cp>The hustle meant that health and safety protocols could literally get left in the dust. Last year, construction workers cut through concrete to build the new Model 3 assembly line, spreading silica dust – which can cause cancer – without containing and testing it first, Rigmaiden and two other former members of the health and safety team said.\u003c/p>\n\u003cp>Despite the high stakes for life and limb, the safety professionals maintain safety training has been woefully inadequate. The company said all workers receive at least four days of training. But new employees often were pulled out of training early to fill spots on the factory floor, White and another former safety team member said.\u003c/p>\n\u003cp>Team members were reluctant to speak to reporters, but said they agreed to in order to help improve conditions for current and future Tesla workers. Some asked to remain anonymous for fear of reprisals or hurting their careers.\u003c/p>\n\u003cp>In an interview, Tesla Chief People Officer Gaby Toledano, who joined the company in May, repeatedly questioned the motives of the former health and safety professionals and suggested they might have been “failing at their own job.”\u003c/p>\n\u003cp>Toledano touted the hiring in October of Laurie Shelby as Tesla’s first vice president for environment, health and safety as an improvement in itself.\u003c/p>\n\u003cp>“Anybody who walks through our doors into this factory is our responsibility, and we care about them,” said Shelby, formerly safety vice president at aluminum manufacturer Alcoa. “I have a passion for safety and it’s about caring.”\u003c/p>\n\u003cp>Tesla disputed each of Reveal’s findings. The company said that it had no information that workers were exposed to silica dust and that it does regular air monitoring. It said that while some hoists did fail and injure workers, it was not due to a lack of engineering or inspections, and they have been improved.\u003c/p>\n\u003cfigure id=\"attachment_11662669\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662669\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/B82I9143-1024x683-800x534.jpg\" alt=\"Tesla officials Laurie Shelby (L) and Gaby Toledano read the concerns of then-safety lead Justine White, who emailed CEO Elon Musk’s chief of staff in 2016. “I know what can keep a person up at night regarding safety,” she wrote. “I must tell you that I can’t sleep here at Tesla.” Tesla says her concerns were unsubstantiated. \" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683-520x347.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9143-1024x683.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Tesla officials Laurie Shelby (L) and Gaby Toledano read the concerns of then-safety lead Justine White, who emailed CEO Elon Musk’s chief of staff in 2016. “I know what can keep a person up at night regarding safety,” she wrote. “I must tell you that I can’t sleep here at Tesla.” Tesla says her concerns were unsubstantiated. \u003ccite>(Paul Kuroda/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Toledano and Shelby said they had never heard of Musk’s purported aesthetic preferences and pointed out that the factory does have some yellow. Both distanced themselves from what might have happened before their tenure.\u003c/p>\n\u003cp>Not all injured workers have given up on Tesla, either. Dennis Cruz has had his share of injuries, yet he still wants to get back to the production line.\u003c/p>\n\u003cp>At one point, out on workers’ compensation because of work-induced tendinitis, Cruz ended up living in his car, unable to afford rent. Then, in late 2016, a \u003ca href=\"https://www.documentcloud.org/documents/4436216-SDS-BM4601.html\">toxic\u003c/a> adhesive many workers complain about got in his eye, damaging his cornea. And in September, as a quality inspector, Cruz says he put out a fire that broke out on a car body, inhaling fumes from burning chemicals.\u003c/p>\n\u003cp>Cruz, 42, is on light duty as he struggles with shortness of breath, coughing spells and headaches. But he wants to provide for his family, apply his skills and get promoted.\u003c/p>\n\u003cp>“I can’t do that on workers’ comp. I can’t do that away from the factory,” he said. “That’s why I push to go back. I push to go back into the fire.”\u003c/p>\n\u003ch2>Discrepancies in Injury Counts\u003c/h2>\n\u003cp>In Tesla’s internal injury tracking system, a supervisor wrote that a worker couldn’t come to work one day in February 2017 because “his left arm was in pain from installing Wiper motors during his shift.” One worker “fainted and hit head on floor” because “team member was working in a group setting and became uncomfortably hot.” Another employee, a supervisor noted, was “highly relied upon at this workstation” but injured her shoulder from repetitive motion due to an “Unfriendly Ergonomic Process.”\u003c/p>\n\u003cp>Tesla is required by law to report every work-related injury that results in days away from work, job restrictions or medical treatment beyond first aid. But those injuries were labeled “personal medical” cases, meaning work had nothing to do with them. So they weren’t counted when Tesla tallied its injuries on legally mandated reports.\u003c/p>\n\u003cfigure id=\"attachment_11662683\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662683\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/Y5I6227-1024x683-800x534.jpg\" alt=\"New Tesla employees learn how to use tools safely in a training session at the Fremont factory. State safety regulators have cited Tesla eight times since 2013 for deficient training, including twice in the last year. \" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683-520x347.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/Y5I6227-1024x683.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">New Tesla employees learn how to use tools safely in a training session at the Fremont factory. State safety regulators have cited Tesla eight times since 2013 for deficient training, including twice in the last year. \u003ccite>(Paul Kuroda/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The list of the uncounted goes on. One worker had back spasms when reaching for boxes, one sprained her back carrying something to a work table and one got a pinch in his back from bending over to apply sealer and couldn’t walk off the pain.\u003c/p>\n\u003cp>By law, if something at work contributed to an injury – even if work wasn’t the only cause – the injury \u003ca href=\"https://www.dir.ca.gov/t8/14300_5.html\">must be counted\u003c/a>.\u003c/p>\n\u003cp>A former Tesla safety professional, however, said the company systematically undercounted injuries by mislabeling them.\u003c/p>\n\u003cp>“I saw injuries on there like broken bones and lacerations that they were saying were not recordable” as injuries, said the safety professional, who asked to remain anonymous. “I saw a lot of stuff that was like, ‘Wow, this is crazy.’ ”\u003c/p>\n\u003cp>Reveal compared records from Tesla’s internal tracking system, obtained from a source, with the official logs, which were requested by an employee and provided to Reveal.\u003c/p>\n\u003cp>For a dozen examples provided to the company by Reveal, Tesla stood by its decision to not count them. It said workers may have thought they were injured because of their jobs, and supervisors may have assumed the same. But later, Tesla said, a medical professional – sometimes contracted or affiliated with the company – determined there was no connection to work.\u003c/p>\n\u003cp>“I feel very strongly,” Shelby said. “We are doing proper recordkeeping here at Tesla.”\u003c/p>\n\u003cp>Reveal also provided Tesla’s internal descriptions of the injuries, along with the company’s case-by-case response, to Doug Parker, executive director of Worksafe, an Oakland-based organization that \u003ca href=\"http://worksafe.typepad.com/files/worksafe_tesla5_24.pdf\">previously analyzed\u003c/a> Tesla’s official injury logs.\u003c/p>\n\u003cp>“The examples you’ve given me are concerning, troubling,” he said. “They suggest that Tesla isn’t reporting all the workplace injuries that they should be reporting.”\u003c/p>\n\u003cp>Listen to the podcast:\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe width=\"100%\" height=\"300\" scrolling=\"no\" frameborder=\"no\" allow=\"autoplay\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/429374469&color=%23ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&show_teaser=true&visual=true\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>California’s Division of Occupational Safety and Health has cited Tesla for more than 40 violations since 2013. Tesla’s rate of serious injuries that required time off or job restrictions was\u003ca href=\"http://worksafe.org/file_download/inline/83a169a1-2af7-4c2e-81a5-21b6965ff996\"> 83 percent higher\u003c/a> than the industry in 2016. Since then, however, Tesla says it has turned things around on its way to “\u003ca href=\"https://www.tesla.com/blog/becoming-safest-car-factory-world\">becoming the safest car factory in the world\u003c/a>.”\u003c/p>\n\u003cp>Last year, Musk claimed in a \u003ca href=\"https://techcrunch.com/2017/02/24/elon-musk-addresses-working-condition-claims-in-tesla-staff-wide-email/\">staffwide email\u003c/a> and at a \u003ca href=\"https://www.mercurynews.com/2017/06/06/elon-musk-says-tesla-is-on-its-way-to-lowering-employees-injury-rate/\">shareholder meeting\u003c/a> that the company’s injury rate was much better than the industry average. A company \u003ca href=\"https://www.tesla.com/blog/creating-the-safest-car-factory-in-the-world\">blog post\u003c/a> said that to be average would be “to go backwards.”\u003c/p>\n\u003cp>Then Tesla apparently did hit reverse.\u003c/p>\n\u003cp>“Our 2017 data showed that we are at industry average, so we’re happy about that,” Shelby said, explaining the earlier claims as a “snapshot in time.”\u003c/p>\n\u003cp>Musk also \u003ca href=\"https://electrek.co/2017/06/02/elon-musk-tesla-injury-factory/\">emailed\u003c/a> his staff last year saying he was meeting weekly with the safety team and “would like to meet every injured person as soon as they are well, so that I can understand from them exactly what we need to do to make it better.”\u003c/p>\n\u003cp>Toledano said Musk did meet with some injured workers, but no longer meets weekly with the safety team because it isn’t necessary.\u003c/p>\n\u003cp>“Now I can’t claim he’s met with every injured worker,” she said. “I think that’s absurd.”\u003c/p>\n\u003cp>Several former members of the environment, health and safety team said they had other reasons to doubt Tesla’s official numbers.\u003c/p>\n\u003cp>The company, for example, didn’t always count injuries among the plant’s temporary workers, they said. Tesla fills some of its factory positions with temp workers who later may be offered permanent jobs. Companies must count those injuries if they supervise the temps, as Tesla does.\u003c/p>\n\u003cp>“That’s the law,” agreed Tesla’s Shelby. “Based on my review of our data, we’ve always done that.”\u003c/p>\n\u003cfigure id=\"attachment_11662689\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662689\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/B82I9150-1024x683-800x534.jpg\" alt=\"Laurie Shelby, Tesla’s vice president for environment, health and safety, points to the principles of her department listed on a placard at the car plant in Fremont.\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683-520x347.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/B82I9150-1024x683.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Laurie Shelby, Tesla’s vice president for environment, health and safety, points to the principles of her department listed on a placard at the car plant in Fremont. \u003ccite>(Paul Kuroda/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>At one point, though, White said she asked her supervisor why the injury rate seemed off, and he told her they weren’t counting temp worker injuries.\u003c/p>\n\u003cp>“They knew they were reporting incorrect numbers,” White said. “Those workers were being injured on the floor and that wasn’t being captured, and they knew that.”\u003c/p>\n\u003cp>Tesla began to fix that problem in 2017, former employees said, but it’s unclear how consistently.\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-medium wp-image-11662690\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-800x537.png\" alt=\"\" width=\"800\" height=\"537\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-800x537.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-160x107.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-1020x684.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-1200x805.png 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-1180x792.png 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-960x644.png 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-240x161.png 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-375x252.png 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final-520x349.png 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/tesla-factory-injury-rate-final.png 1592w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>After workers requested the company’s injury logs last year, Tesla\u003ca href=\"https://www.documentcloud.org/documents/4419502-Tesla-300A-2016-Amended.html\"> amended\u003c/a> its\u003ca href=\"https://www.documentcloud.org/documents/4419503-Tesla-300A-2016-initial.html\"> original\u003c/a> 2016 report to add 135 injuries that hadn’t been counted previously. The company said it changed the numbers after it discovered injuries that hadn’t been shared with Tesla by its temp agencies.\u003c/p>\n\u003ch2>Toxic Workplace Chemicals\u003c/h2>\n\u003cp>In April 2017, Tarik Logan – a temporary worker – was assigned to patch parts in Tesla’s battery packs with Henkel Loctite AA H3500. The powerful adhesive includes \u003ca href=\"https://www.epa.gov/sites/production/files/2016-09/documents/methyl-methacrylate.pdf\">toxic chemicals\u003c/a> that can cause \u003ca href=\"https://www.documentcloud.org/documents/4433392-LoctiteH3500-SDS-1808799.html\">allergic reactions and even genetic defects\u003c/a>. Logan and a former co-worker said they went through more than 100 tubes of the glue a day without adequate ventilation or protection from the fumes.\u003c/p>\n\u003cp>First it brought dizziness, then headaches – the worst pain he’s ever felt, Logan said.\u003c/p>\n\u003cp>“He’s a strong person,” said Toni Porter, his mother. “For him to cry out, it was terrifying.”\u003c/p>\n\u003cp>Tesla referred Logan, then 23, to a medical clinic that diagnosed an “acute reaction to car adhesive glue causing headaches, dizziness, and some respiratory discomfort.” The doctor gave him prescription-strength painkillers and told him to avoid the glue.\u003c/p>\n\u003cp>“My head still hurt tho,” he texted Porter. “This Shit hurrrrrts!!!!!!!”\u003c/p>\n\u003cp>These texts are among those sent by Tarik Logan to his mother, Toni Porter, while Logan worked at the Tesla factory in Fremont, California in April 2017:\u003c/p>\n\u003cp>\u003cimg class=\"aligncenter size-medium wp-image-11662690\" src=\"https://www.revealnews.org/wp-content/uploads/2018/04/texts34.gif\" alt=\"\" width=\"800\" height=\"537\">\u003c/p>\n\u003cp>He missed work and ended up at the hospital multiple times, Logan and Porter said. Then Tesla declined to take him on as a permanent employee, citing attendance issues.\u003c/p>\n\u003cp>Tesla, in response to Reveal’s inquiries, said it doesn’t agree with the doctor’s determination that Logan’s pain was work-related. In any case, Tesla said, it doesn’t count as an injury because it didn’t require any medical treatment.\u003c/p>\n\u003cp>By law, however, just the prescription of pain medication – documented in medical records obtained by Reveal – \u003ca href=\"https://www.osha.gov/laws-regs/standardinterpretations/2007-02-06-1\">requires\u003c/a> that his injury be counted.\u003c/p>\n\u003cp>Logan handled only a very small amount of the chemical and exposure levels were within standards, Tesla stated. The company also said Logan didn’t complain about headaches until he told a doctor a month later.\u003c/p>\n\u003cp>That statement is contradicted by medical records and internal company records, which show that Logan’s supervisor put it in Tesla’s injury tracking system and Logan was diagnosed by a doctor a week after his headaches started.\u003c/p>\n\u003cp>The former safety team member who asked to remain anonymous said Tesla told workers that their reactions to workplace chemicals were personal medical problems instead of treating them.\u003c/p>\n\u003cp>“We have employees at work that don’t know what they’re being exposed to, and nobody’s taking care of them,” the safety professional said. “It’s heartbreaking.”\u003c/p>\n\u003cfigure id=\"attachment_11662701\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662701\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-800x530.jpg\" alt=\"Mark Eberley, 48, was diagnosed with carpal tunnel syndrome in 2014. He injured his hand welding thousands of studs to car wheelhouses during nearly 12-hour days at Tesla.\" width=\"800\" height=\"530\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-800x530.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-1020x676.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-960x637.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-240x159.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-375x249.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679-520x345.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_05-1024x679.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Mark Eberley, 48, was diagnosed with carpal tunnel syndrome in 2014. He injured his hand welding thousands of studs to car wheelhouses during nearly 12-hour days at Tesla. \u003ccite>(Emily Harger/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>One worker is described in internal records as having gone to Tesla’s nurse “expressing concerns with the fumes in the area. Saying he feels like he is dying.” It was marked a personal medical issue, with a note that stated, “Beyond my skillset.”\u003c/p>\n\u003cp>Shelby, the safety vice president, said Tesla checks thoroughly for chemical exposures and “nowhere are we over any of the exposure limits.”\u003c/p>\n\u003cp>This year, regulators \u003ca href=\"https://www.documentcloud.org/documents/4390644-Inspection-1268303-Citations-Copy.html\">cited\u003c/a> the company for failing to “effectively assess the workplace” for chemical hazards, which Tesla is appealing.\u003c/p>\n\u003ch2>‘Thrown to the Wolves’\u003c/h2>\n\u003cp>If Tesla has been improving, it wasn’t fast enough for Alaa Alkhafagi, who joined Tesla in 2017 as an engineering technician servicing robots that spray paint on car bodies. Alkhafagi said he received no safety instruction specific to the paint department.\u003c/p>\n\u003cp>Last fall, Alkhafagi, 27, said he was told to go underneath the painting booth to clear excess paint from a clogged hose.\u003c/p>\n\u003cp>Unsure of how to get down there, workers would pry up a piece of the metal flooring and jump in, he said. When he did, Alkhafagi’s foot got stuck in paint, his hand slipped and he fell forward, \u003ca href=\"https://www.documentcloud.org/documents/4436269-Alkhafagi-Injury.html\">smashing\u003c/a> his head and arm. He ended up unable to make a fist or go back to his job, filing a workers’ compensation claim, he said.\u003c/p>\n\u003cp>The incident didn’t end up on Tesla’s official injury logs. The company said it wasn’t recorded because Alkhafagi initially received only first aid. But his inability to go back to his normal work duties would mean that the injury should have been counted.\u003c/p>\n\u003cp>“It’s more than the accident,” Alkhafagi said. “They haven’t trained anyone properly.”\u003c/p>\n\u003cp>Tesla said that after his injury, the company made sure only specially trained workers did that job.\u003c/p>\n\u003cp>Lack of adequate training was a problem throughout the factory, said Roger Croney, who oversaw workers in three different departments.\u003c/p>\n\u003cp>New employees with no factory experience were sent to Tesla’s die-casting operation – where aluminum is melted and molded into parts – without basic training specific to the job, said Croney, former associate manager in that department. Some didn’t know they’d be working with 1,200-degree molten metal.\u003c/p>\n\u003cp>It was far different from the General Motors plant in Ohio where Croney had worked for eight years, he said. So Croney took it upon himself to develop his own training program. A blast of liquid metal had burned his face and hands not long after he came to Tesla in 2012, and he took safety seriously. But other supervisors didn’t, Croney said.\u003c/p>\n\u003cfigure id=\"attachment_11662702\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662702\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/AJ53579-1024x683-800x534.jpg\" alt=\"Roger Croney oversaw workers in three different departments at Tesla. He took it upon himself to develop his own training program for new employees, whom he said were sometimes sent to work with no factory experience or basic training specific to the job. \" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-960x640.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683-520x347.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/AJ53579-1024x683.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Roger Croney oversaw workers in three different departments at Tesla. He took it upon himself to develop his own training program for new employees, whom he said were sometimes sent to work with no factory experience or basic training specific to the job. \u003ccite>(AJ Mast/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“A lot of workers come in and they get thrown to the wolves,” he said.\u003c/p>\n\u003cp>Croney quit in March 2017 with a \u003ca href=\"https://www.documentcloud.org/documents/4432391-Roger-Croney-Resignation-Letter.html\">letter\u003c/a> alleging a pattern of discriminatory treatment. Croney, who is black, said he was passed over repeatedly by white people with less experience and then demoted to a supervisor.\u003c/p>\n\u003cp>In a statement, Tesla said Croney didn’t mention racial discrimination in his letter or exit interview. Croney has a pending claim of racial discrimination at Tesla with the U.S. Equal Employment Opportunity Commission.\u003c/p>\n\u003cp>State safety regulators have cited Tesla eight times since 2013 for deficient training, including twice in the last year, according to a Reveal review of records.\u003c/p>\n\u003cp>Tesla defended its training regimen, saying all new production employees get a day of orientation, a day of classroom instruction and two days of hands-on training in which they’re shown how to hold and use tools while avoiding injury. Workers building the Model 3 get an additional two days of virtual training on computers.\u003c/p>\n\u003cp>“Four days is pretty intensive,” Toledano said, “and then there’s ongoing training, so training is central.”\u003c/p>\n\u003ch2>Repetitive Stress Injuries\u003c/h2>\n\u003cp>Acknowledging that repetitive stress injuries are the most common way workers get hurt there, Tesla officials emphasize ergonomic improvements to the new Model 3 assembly line.\u003c/p>\n\u003cp>“We actually redesigned it so it’s safer for our employees to make,” Shelby said. “It’s super cool to see when it’s on the line how much easier it is to make the Model 3.”\u003c/p>\n\u003cp>Tesla, however, wouldn’t let reporters see that assembly line.\u003c/p>\n\u003cfigure id=\"attachment_11662703\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662703\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/TeslaFactory-800x528.jpg\" alt=\"Inside Tesla’s electric car factory in Fremont, the company is under immense pressure to ramp up production of the new Model 3 sedan, its first mass-market vehicle at $35,000.\" width=\"800\" height=\"528\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-800x528.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-160x106.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-1020x673.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-1200x791.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-1180x778.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-960x633.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-240x158.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-375x247.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/TeslaFactory-520x343.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Inside Tesla’s electric car factory in Fremont, the company is under immense pressure to ramp up production of the new Model 3 sedan, its first mass-market vehicle at $35,000. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>When building Tesla’s other cars, former workers said they had to sacrifice their bodies to save time. Some workers, for example, lifted heavy car seats over their shoulders because the mechanical assists designed to ease the load were too slow, said Joel Barraza, a former production associate.\u003c/p>\n\u003cp>“People would carry a seat because they’d be like, ‘Oh, I gotta get this done.’ I personally carried a seat,” Barraza said. “They’re supposed to move. Move it on, move it on, keep the line going.”\u003c/p>\n\u003cp>White, the former safety lead, also said workers sometimes lifted seats manually, but Tesla, in a statement, said it doesn’t happen.\u003c/p>\n\u003cp>Barraza said he was fired along with hundreds of other workers last fall. Tesla said employees were\u003ca href=\"https://www.mercurynews.com/2017/10/13/4819750/\"> terminated en masse\u003c/a> due to performance issues, though some workers have argued they were \u003ca href=\"https://www.cnbc.com/2017/10/17/tesla-firings-former-and-current-employees-allege-layoffs.html\">cost-cutting layoffs\u003c/a> or used to \u003ca href=\"http://www.autonews.com/article/20171026/OEM01/171029793/tesla-uaw-labor-dispute-california\">punish union supporters\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11662704\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11662704\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-800x533.jpg\" alt=\"Mark Eberley shows his scar from surgery after carpal tunnel syndrome left him unable to continue work at the Tesla factory in Fremont. He has been out of work for years. \" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-960x639.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-240x160.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-375x250.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682-520x346.jpg 520w, https://ww2.kqed.org/app/uploads/sites/10/2018/04/032018_Tesla_MarkEberley_03-1024x682.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Mark Eberley shows his scar from surgery after carpal tunnel syndrome left him unable to continue work at the Tesla factory in Fremont. He has been out of work for years. \u003ccite>(Emily Harger/Reveal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Barraza said he and others hurt their backs through repetitive movements, but few complained because “supervisors would be like, ‘Oh, he’s just being a little bitch.’”\u003c/p>\n\u003cp>Workers’ accounts from 2017 didn’t sound much different from those who were injured years earlier. In 2014, Mark Eberley was diagnosed with Tesla-induced carpal tunnel syndrome. He wrecked his hand welding thousands of studs to car wheelhouses during nearly 12-hour days, he said. He needed surgery and was out of work and on workers’ compensation for years.\u003c/p>\n\u003cp>“No matter what we were doing, it was hustle, hustle, hustle,” he said. “If you didn’t get your numbers, they’d be complaining to you.”\u003c/p>\n\u003cp>The pressure could be crushing for white-collar workers as well.\u003c/p>\n\u003cp>At his office job at the Fremont factory, senior analyst Ali Khan prepared Tesla’s financial filings required by the U.S. Securities and Exchange Commission. In 2016, the office was understaffed, and he worked at least 12 hours every day, he said – no weekends, holidays or days off at all.\u003c/p>\n\u003cp>The pain from repetitive motion started in his wrists, radiated up his arms, then to his neck and back. He said he would have trouble holding a glass of water and couldn’t play with his 1-year-old daughter.\u003c/p>\n\u003cp>Khan said he asked for an ergonomic evaluation, but Tesla’s safety team told his manager they were too busy.\u003c/p>\n\u003cp>\"My boss is telling me, ‘Oh, if you are going to take time off, it’s going to slow us down, it’s going to affect your reviews,'\" he said.\u003c/p>\n\u003cp>Tesla eventually sent him to one of its preferred health clinics. A doctor there diagnosed him with work-related muscle strains and tendinitis, repeatedly prescribing painkillers and work restrictions, \u003ca href=\"https://www.documentcloud.org/documents/4433386-Khan-Medical-Records.html\">medical records show\u003c/a>.\u003c/p>\n\u003cp>That meant Khan had to be listed on Tesla’s injury logs. He wasn’t.\u003c/p>\n\u003cp>Khan said he still wasn’t allowed the doctor-ordered breaks. Forfeiting lucrative stock options, he submitted his resignation in August 2016. But his body hasn’t recovered.\u003c/p>\n\u003cp>“These things were preventable – that’s what makes me upset,” he said. “All of this could have been addressed, and it just wasn’t.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cspan class=\"ctx-article-root\">\u003c!-- -->\u003c/span> \u003cimg id=\"pixel-ping-tracker\" src=\"https://pixel.revealnews.org/pixel.gif?key=pixel.3rdrevnews.tesla-says-its-factory-is-safer-but-it-left-injuries-off-the-books.htkl4vtololw22goiwba\" width=\"0\" height=\"0\">\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11662641/tesla-says-its-factory-is-safer-but-it-left-injuries-off-the-books","authors":["byline_news_11662641"],"programs":["news_72"],"categories":["news_1758","news_457","news_6188","news_8","news_248","news_1397"],"tags":["news_3897","news_19542","news_66","news_19904","news_5555","news_22456","news_57","news_17041","news_21564","news_19377"],"featImg":"news_11662672","label":"source_news_11662641"},"news_11319950":{"type":"posts","id":"news_11319950","meta":{"index":"posts_1591205157","site":"news","id":"11319950","score":null,"sort":[1487292932000]},"guestAuthors":[],"slug":"puzder-is-out-as-labor-pick-and-california-unions-arent-mad-about-it","title":"Puzder Is Out as Labor Pick, and California Unions Aren’t Mad About It","publishDate":1487292932,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Less than 24 hours after President Trump's first choice for U.S. secretary of Labor \u003ca href=\"https://ww2.kqed.org/news/2017/02/15/trump-labor-nominee-andrew-puzder-withdraws-first-cabinet-pick-to-fall/\" target=\"_blank\">dropped out of the running\u003c/a>, Trump introduced Florida attorney and former National Labor Relations Board member \u003ca href=\"https://www.youtube.com/watch?v=dHNiVvpcrgs\">Andrew Acosta \u003c/a>as his next pick to be the nation's top labor chief.\u003c/p>\n\u003cp>Acosta, dean of \u003ca href=\"https://law.fiu.edu/\">Florida International University’s law school\u003c/a>, is the first Latino to be nominated for a cabinet position in the Trump administration.\u003c/p>\n\u003cp>In 2003, the Harvard-educated Republican was appointed by President George W. Bush to be the assistant attorney general for the Civil Rights Division of the Department of Justice.\u003c/p>\n\u003cp>Some labor groups in California said they are cautiously optimistic about the new choice.\u003c/p>\n\u003cfigure id=\"attachment_11319956\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11319956 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-800x950.jpg\" alt=\"Andrew Acosta, dean of Florida International University’s law school, is President Trump's new pick for Labor secretary.\" width=\"800\" height=\"950\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-800x950.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-160x190.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-1020x1212.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-1180x1402.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-960x1141.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-240x285.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-375x446.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-520x618.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Andrew Acosta, dean of Florida International University’s law school, is President Trump's new pick for Labor secretary. \u003ccite>(Florida International University)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“At the very least we know Mr. Acosta has some experience with labor law. And we’re hoping that he’s able to answer some very tough questions about protecting workers, and the role of the secretary of Labor,” said California Labor Federation spokesman Steve Smith.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“We’re reserving judgment for the time being until those questions are asked and answered. But certainly this is light years away from where we were last week with Puzder.”\u003c/p>\n\u003cp>Trump's first choice for the cabinet post, \u003ca href=\"http://andy.puzder.com/\">Andrew Puzder,\u003c/a> had become mired in personal scandals and controversies over treatment of employees working in the fast food chains overseen by Puzder's \u003ca href=\"http://www.ckr.com/about.html\">CKE Restaurants\u003c/a>.\u003c/p>\n\u003cp>Puzder started building his vast fast food empire as chief of Southern California-based Carl’s Jr. The Missouri-born former trial attorney took the company way beyond its humble hotdog cart origins to build\u003ca href=\"http://www.ocregister.com/articles/company-741487-puzder-carl.html\" target=\"_blank\"> CKE Restaurants\u003c/a> which now also includes the Hardee’s and Green Burrito chains.\u003c/p>\n\u003cp>His confirmation hearing had been postponed for months as Puzder apparently struggled to disentangle himself from his financial holdings and deal with mounting opposition from labor groups and even some within the Republican ranks.\u003c/p>\n\u003cp>As Puzder prepared for this week’s scuttled confirmation hearing, graphic details of alleged spousal abuse from the 1980s resurfaced. And scores of \u003ca href=\"https://www.youtube.com/watch?v=zuqV4XfARMQ\">protesters rallied outside Carl’s Jr restaurants\u003c/a> from Anaheim to New York opposing his confirmation.\u003c/p>\n\u003cp>Labor activists are especially aggrieved over Puzder’s opposition to minimum wage hikes and workplace violations racked up by CKE Restaurants.\u003c/p>\n\u003cp>“His entire record as a business man is about undermining and ignoring those very legal protections that he’d be in position to enforce (as U.S. Labor Secretary) and that makes him uniquely unqualified to be labor secretary,” said Roxana Tynan director of the \u003ca href=\"http://www.laane.org/\">Los Angeles Alliance for a New Economy \u003c/a>upon hearing news of Puzder’s withdrawal.\u003c/p>\n\u003cp>“We’re really glad that that message got through to at least some of the senators.”\u003c/p>\n\u003cfigure id=\"attachment_11320153\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/02/PuzderProtest-800x493.jpg\" alt=\"Fast-food workers protest Andrew Puzder Labor secretary nominee on January 26, 2017 in Los Angeles.\" width=\"800\" height=\"493\" class=\"size-medium wp-image-11320153\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-800x493.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-160x99.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-1020x628.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-1180x727.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-960x592.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-240x148.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-375x231.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-520x320.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Fast-food workers protest Andrew Puzder Labor secretary nominee on January 26, 2017 in Los Angeles. \u003ccite>(FREDERIC J. BROWN/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Puzder pulled out of the running when it was clear he may not have enough Republican votes to be confirmed. He is the first major Trump cabinet nominee to withdraw before a confirmation hearing.\u003c/p>\n\u003cp>In an interview earlier this week former \u003ca href=\"https://www.govtrack.us/congress/members/james_talent/300096\" target=\"_blank\">Republican Senator Jim Talent\u003c/a> of Missouri seemed confident of confirmation despite the mounting trouble. Talent was helping Puzder, a long-time friend, prepare for what was sure to be a bruising hearing.\u003c/p>\n\u003cp>“A lot of the people opposing him now are in a year or two going to say; this guy is a lot better than we thought because he’s an honest and caring person and he’s going to enforce the law and do everything he can to create jobs and I think a lot of people in Washington are going to like that,” said Talent.\u003c/p>\n\u003cp>Puzder relocated to Southern California from St. Louis in the 1990s, hired by Carl’s Jr founder\u003ca href=\"http://www.ckr.com/about_history.html\" target=\"_blank\"> Carl Karcher\u003c/a> to help get the franchise back on solid financial footing. The conservative, anti-abortion Catholic was eventually named CEO. He’s credited with expanding its fleet of restaurants and overseeing a controversial ad campaign featuring half-naked girls chowing down on dripping Carl's Jr burgers.\u003c/p>\n\u003cp>Puzder was also a frequent guest on cable news programs offering conservative analysis and opinion on various issues including opposition to a higher federal minimum wage and President Barack Obama’s Affordable Care Act.\u003c/p>\n\u003cp>But at home in the tony, celebrity studded community of Montecito along the Santa Barbara Coast, Puzder flew under the radar. Several local Republicans contacted for this story were either unaware that Puzder lived in their midst or rarely saw him around town.\u003c/p>\n\u003cp>Last year, Puzder pulled up stakes and relocated his family to Tennessee. He also closed CKE corporate offices near Santa Barbara. Probably for the best, says \u003ca href=\"http://www.independent.com/\" target=\"_blank\">Santa Barbara Independent \u003c/a>newspaper columnist \u003ca href=\"http://www.independent.com/staff/nick-welsh/\" target=\"_blank\">Nick Welsh\u003c/a>. Puzder's cultivated bubble of privacy was probably about to burst wide open.\u003c/p>\n\u003cp>“The sort of cynical joke about Santa Barbara is; oh it’s Saturday, let’s go to the farmers market, let's have brunch and then we're going to go protest Trump,” laughs Welsh.\u003c/p>\n\u003cp>“Pudzer would have been a very good target for anti-trump demonstrations; people would have been in front of his house.”\u003c/p>\n\u003cp>Puzder also clashed with many Republicans over his views on immigration. Earlier this month he acknowledged hiring an undocumented housekeeper to work at his Montecito home. Puzder says he fired the woman after discovering her immigration status, paid back taxes related to her employment and claims he also offered to assist her adjust her legal status. Puzder says she declined.\u003c/p>\n\u003cp>That and Puzder’s long-running support of immigration reform made him a target for immigration hardliners.\u003c/p>\n\u003cp>“If we were able to hire people who are currently here illegally, if there were a way to change their status so that they are here illegally that would be a big benefit to us and to everybody else that has to hire workers in that category,” said Puzder during a talk a the conservative American Enterprise Institute in Washington D.C. four years ago.\u003c/p>\n\u003cp>The aggressively business friendly, multi-millionaire tied the rising fortunes of low wage workers to the rising tide of business, which he saw as being hamstring by over burdensome regulations and union organizing.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Puzder also plowed hundreds of thousands of dollars in donations to various conservative causes and politicians. But he was initially reluctant to endorse candidate Donald Trump, until Mr. Trump had secured the Republican presidential nomination. He then backed that endorsement with campaign contributions topping $250,000.\u003c/p>\n\n","blocks":[],"excerpt":"President Trump's new nominee for U.S. secretary of Labor is viewed with cautious optimism by California unions after fast food magnate Andrew Puzder’s withdrawl.","status":"publish","parent":0,"modified":1487298312,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":1131},"headData":{"title":"Puzder Is Out as Labor Pick, and California Unions Aren’t Mad About It | KQED","description":"President Trump's new nominee for U.S. secretary of Labor is viewed with cautious optimism by California unions after fast food magnate Andrew Puzder’s withdrawl.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Puzder Is Out as Labor Pick, and California Unions Aren’t Mad About It","datePublished":"2017-02-17T00:55:32.000Z","dateModified":"2017-02-17T02:25:12.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11319950 https://ww2.kqed.org/news/?p=11319950","disqusUrl":"https://ww2.kqed.org/news/2017/02/16/puzder-is-out-as-labor-pick-and-california-unions-arent-mad-about-it/","disqusTitle":"Puzder Is Out as Labor Pick, and California Unions Aren’t Mad About It","audioUrl":"http://www.kqed.org/.stream/anon/radio/tcr/2017/02/2017-02-16c-tcr.mp3","guestFields":"0","path":"/news/11319950/puzder-is-out-as-labor-pick-and-california-unions-arent-mad-about-it","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Less than 24 hours after President Trump's first choice for U.S. secretary of Labor \u003ca href=\"https://ww2.kqed.org/news/2017/02/15/trump-labor-nominee-andrew-puzder-withdraws-first-cabinet-pick-to-fall/\" target=\"_blank\">dropped out of the running\u003c/a>, Trump introduced Florida attorney and former National Labor Relations Board member \u003ca href=\"https://www.youtube.com/watch?v=dHNiVvpcrgs\">Andrew Acosta \u003c/a>as his next pick to be the nation's top labor chief.\u003c/p>\n\u003cp>Acosta, dean of \u003ca href=\"https://law.fiu.edu/\">Florida International University’s law school\u003c/a>, is the first Latino to be nominated for a cabinet position in the Trump administration.\u003c/p>\n\u003cp>In 2003, the Harvard-educated Republican was appointed by President George W. Bush to be the assistant attorney general for the Civil Rights Division of the Department of Justice.\u003c/p>\n\u003cp>Some labor groups in California said they are cautiously optimistic about the new choice.\u003c/p>\n\u003cfigure id=\"attachment_11319956\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11319956 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-800x950.jpg\" alt=\"Andrew Acosta, dean of Florida International University’s law school, is President Trump's new pick for Labor secretary.\" width=\"800\" height=\"950\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-800x950.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-160x190.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-1020x1212.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-1180x1402.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-960x1141.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-240x285.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-375x446.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PUZDER-Acosta-FIU-520x618.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Andrew Acosta, dean of Florida International University’s law school, is President Trump's new pick for Labor secretary. \u003ccite>(Florida International University)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“At the very least we know Mr. Acosta has some experience with labor law. And we’re hoping that he’s able to answer some very tough questions about protecting workers, and the role of the secretary of Labor,” said California Labor Federation spokesman Steve Smith.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We’re reserving judgment for the time being until those questions are asked and answered. But certainly this is light years away from where we were last week with Puzder.”\u003c/p>\n\u003cp>Trump's first choice for the cabinet post, \u003ca href=\"http://andy.puzder.com/\">Andrew Puzder,\u003c/a> had become mired in personal scandals and controversies over treatment of employees working in the fast food chains overseen by Puzder's \u003ca href=\"http://www.ckr.com/about.html\">CKE Restaurants\u003c/a>.\u003c/p>\n\u003cp>Puzder started building his vast fast food empire as chief of Southern California-based Carl’s Jr. The Missouri-born former trial attorney took the company way beyond its humble hotdog cart origins to build\u003ca href=\"http://www.ocregister.com/articles/company-741487-puzder-carl.html\" target=\"_blank\"> CKE Restaurants\u003c/a> which now also includes the Hardee’s and Green Burrito chains.\u003c/p>\n\u003cp>His confirmation hearing had been postponed for months as Puzder apparently struggled to disentangle himself from his financial holdings and deal with mounting opposition from labor groups and even some within the Republican ranks.\u003c/p>\n\u003cp>As Puzder prepared for this week’s scuttled confirmation hearing, graphic details of alleged spousal abuse from the 1980s resurfaced. And scores of \u003ca href=\"https://www.youtube.com/watch?v=zuqV4XfARMQ\">protesters rallied outside Carl’s Jr restaurants\u003c/a> from Anaheim to New York opposing his confirmation.\u003c/p>\n\u003cp>Labor activists are especially aggrieved over Puzder’s opposition to minimum wage hikes and workplace violations racked up by CKE Restaurants.\u003c/p>\n\u003cp>“His entire record as a business man is about undermining and ignoring those very legal protections that he’d be in position to enforce (as U.S. Labor Secretary) and that makes him uniquely unqualified to be labor secretary,” said Roxana Tynan director of the \u003ca href=\"http://www.laane.org/\">Los Angeles Alliance for a New Economy \u003c/a>upon hearing news of Puzder’s withdrawal.\u003c/p>\n\u003cp>“We’re really glad that that message got through to at least some of the senators.”\u003c/p>\n\u003cfigure id=\"attachment_11320153\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2017/02/PuzderProtest-800x493.jpg\" alt=\"Fast-food workers protest Andrew Puzder Labor secretary nominee on January 26, 2017 in Los Angeles.\" width=\"800\" height=\"493\" class=\"size-medium wp-image-11320153\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-800x493.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-160x99.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-1020x628.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-1180x727.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-960x592.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-240x148.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-375x231.jpg 375w, https://ww2.kqed.org/app/uploads/sites/10/2017/02/PuzderProtest-520x320.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Fast-food workers protest Andrew Puzder Labor secretary nominee on January 26, 2017 in Los Angeles. \u003ccite>(FREDERIC J. BROWN/AFP/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Puzder pulled out of the running when it was clear he may not have enough Republican votes to be confirmed. He is the first major Trump cabinet nominee to withdraw before a confirmation hearing.\u003c/p>\n\u003cp>In an interview earlier this week former \u003ca href=\"https://www.govtrack.us/congress/members/james_talent/300096\" target=\"_blank\">Republican Senator Jim Talent\u003c/a> of Missouri seemed confident of confirmation despite the mounting trouble. Talent was helping Puzder, a long-time friend, prepare for what was sure to be a bruising hearing.\u003c/p>\n\u003cp>“A lot of the people opposing him now are in a year or two going to say; this guy is a lot better than we thought because he’s an honest and caring person and he’s going to enforce the law and do everything he can to create jobs and I think a lot of people in Washington are going to like that,” said Talent.\u003c/p>\n\u003cp>Puzder relocated to Southern California from St. Louis in the 1990s, hired by Carl’s Jr founder\u003ca href=\"http://www.ckr.com/about_history.html\" target=\"_blank\"> Carl Karcher\u003c/a> to help get the franchise back on solid financial footing. The conservative, anti-abortion Catholic was eventually named CEO. He’s credited with expanding its fleet of restaurants and overseeing a controversial ad campaign featuring half-naked girls chowing down on dripping Carl's Jr burgers.\u003c/p>\n\u003cp>Puzder was also a frequent guest on cable news programs offering conservative analysis and opinion on various issues including opposition to a higher federal minimum wage and President Barack Obama’s Affordable Care Act.\u003c/p>\n\u003cp>But at home in the tony, celebrity studded community of Montecito along the Santa Barbara Coast, Puzder flew under the radar. Several local Republicans contacted for this story were either unaware that Puzder lived in their midst or rarely saw him around town.\u003c/p>\n\u003cp>Last year, Puzder pulled up stakes and relocated his family to Tennessee. He also closed CKE corporate offices near Santa Barbara. Probably for the best, says \u003ca href=\"http://www.independent.com/\" target=\"_blank\">Santa Barbara Independent \u003c/a>newspaper columnist \u003ca href=\"http://www.independent.com/staff/nick-welsh/\" target=\"_blank\">Nick Welsh\u003c/a>. Puzder's cultivated bubble of privacy was probably about to burst wide open.\u003c/p>\n\u003cp>“The sort of cynical joke about Santa Barbara is; oh it’s Saturday, let’s go to the farmers market, let's have brunch and then we're going to go protest Trump,” laughs Welsh.\u003c/p>\n\u003cp>“Pudzer would have been a very good target for anti-trump demonstrations; people would have been in front of his house.”\u003c/p>\n\u003cp>Puzder also clashed with many Republicans over his views on immigration. Earlier this month he acknowledged hiring an undocumented housekeeper to work at his Montecito home. Puzder says he fired the woman after discovering her immigration status, paid back taxes related to her employment and claims he also offered to assist her adjust her legal status. Puzder says she declined.\u003c/p>\n\u003cp>That and Puzder’s long-running support of immigration reform made him a target for immigration hardliners.\u003c/p>\n\u003cp>“If we were able to hire people who are currently here illegally, if there were a way to change their status so that they are here illegally that would be a big benefit to us and to everybody else that has to hire workers in that category,” said Puzder during a talk a the conservative American Enterprise Institute in Washington D.C. four years ago.\u003c/p>\n\u003cp>The aggressively business friendly, multi-millionaire tied the rising fortunes of low wage workers to the rising tide of business, which he saw as being hamstring by over burdensome regulations and union organizing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Puzder also plowed hundreds of thousands of dollars in donations to various conservative causes and politicians. But he was initially reluctant to endorse candidate Donald Trump, until Mr. Trump had secured the Republican presidential nomination. He then backed that endorsement with campaign contributions topping $250,000.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11319950/puzder-is-out-as-labor-pick-and-california-unions-arent-mad-about-it","authors":["2600"],"programs":["news_6944","news_72"],"categories":["news_1758","news_8","news_13"],"tags":["news_20547","news_1323","news_19904","news_5555","news_2141","news_17286","news_17041"],"featImg":"news_11320141","label":"news_72"},"news_10798566":{"type":"posts","id":"news_10798566","meta":{"index":"posts_1591205157","site":"news","id":"10798566","score":null,"sort":[1450473260000]},"guestAuthors":[],"slug":"judge-orders-uber-to-limit-communication-with-drivers-in-lawsuit","title":"Judge Orders Uber to Limit Communication With Drivers in Lawsuit","publishDate":1450473260,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>A San Francisco federal judge has ordered Uber to limit communication with drivers who are part of a class-action lawsuit against the company, saying he had \"grave concerns\" about arbitration agreements the company sent out last week.\u003c/p>\n\u003cp>U.S. District Court Judge Edward Chen said the agreements are \"likely to engender confusion\" and that he would issue an order preventing them from taking effect for drivers who are part of the lawsuit. However, Chen added that he wasn't sure he had the \"complete authority\" to ban arbitration agreements.\u003c/p>\n\u003cp>The tentative rulings are the latest in the class action against Uber, which argues the company misclassifies drivers as independent contractors instead of employees. The drivers are also seeking reimbursement for expenses, including gas and car maintenance, along with tips they claim were advertised to customers as part of the fares but not given to drivers.\u003c/p>\n\u003cp>Chen said he was directing Uber not to communicate \"with class members or anything that might affect the prosecution of this case without clearing it through counsel or coming to the court if there's a disagreement.\"\u003c/p>\n\u003cp>Uber sent out the new arbitration agreements last Friday, two days after Chen issued a ruling expanding the class of drivers who could be part of the lawsuit. He ruled 2014 and 2015 arbitration agreements were unenforceable, which meant drivers who opted out of those clauses could be included in the lawsuit. Uber is appealing the ruling.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Theodore Boutrous, the attorney for Uber, estimated that up to 100,000 drivers were added to the class, joining 8,000 drivers \u003ca href=\"http://ww2.kqed.org/news/2015/09/01/judge-certifies-uber-drivers-lawsuit-as-a-class-action\" target=\"_blank\">certified by Chen on Sept. 1\u003c/a>. The case could affect up to 160,000 Uber drivers in California, and Chen said he would rule later on how last week's agreements might affect other drivers.\u003c/p>\n\u003cp>The attorney for the drivers, Shannon Liss-Riordan, said the agreement and email sent to drivers last week was an attempt by Uber to curtail its liability in pending lawsuits. She argued \u003ca href=\"http://ww2.kqed.org/news/2015/12/14/controversy-surrounds-ubers-new-arbitration-agreement-for-drivers\" target=\"_blank\">Uber was trying to \"potentially trick\" drivers\u003c/a> into opting out of the class-action suit.\u003c/p>\n\u003cp>In legal briefs, Liss-Riordan wrote that her firm received more than 800 inquiries from Uber drivers \"who have expressed confusion and dismay about the new agreement, and do not know if they need to opt out of the agreement to participate in the case.\"\u003c/p>\n\u003cp>Boutrous argued that the new agreement was a reaction to Chen's concerns about the arbitration clauses in Uber's earlier driver contracts.\u003c/p>\n\u003cp>\"[An] agreement was sent out that this court was troubled by, and it fixes those things,\" Boutrous told Chen. \"These aren't some nefarious, evil agreements that must be stopped.\"\u003c/p>\n\u003cp>In his legal briefs, Boutrous wrote that \"there is nothing deceptive, coercive, or misleading about the agreements Uber has implemented (and drivers voluntarily accepted). Indeed, Uber did not amend, in any substantive way, any of the notice provisions or opt-out mechanisms that this court previously approved.\"\u003c/p>\n\u003cp>Boutrous said that a higher number of drivers have opted out of the new arbitration agreement compared with earlier contracts. Liss-Riordan attributes that to widespread news coverage and drivers finding out about the lawsuit from her firm.\u003c/p>\n\u003cp>Chen suggested that Uber provide more \"robust disclosure\" by providing a hyperlink on the first page of the agreement that clearly gives drivers an opt-out option.\u003c/p>\n\u003cp>\"If it's to truly implement a fair model, why not have a simple click the box and not have it on page 21?\" Chen asked.\u003c/p>\n\u003cp>Liss-Riordan also challenged a recent effort by Uber to prove its drivers believe they're independent contractors.\u003c/p>\n\u003cp>The company has begun offering money to drivers for proof they also work for other ride services, such as Lyft. Liss-Riordan called the payments part of a \"deceptive attempt by Uber to gather evidence in support of its defense in this case -- and against the interests of the class -- in exchange for payment.\"\u003c/p>\n\u003cp>Boutrous told Chen the driver information is being gathered for market research.\u003c/p>\n\u003cp>\"The company gathers information about its competitor, and this email was sent to a fraction of California drivers seeking information about their experience with Lyft,\" he told Chen.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Meanwhile, Liss-Riordan filed a motion Thursday seeking to have the case tried by the judge instead of a jury.\u003c/p>\n\n","blocks":[],"excerpt":"Ruling means Uber cannot enforce new arbitration agreements recently issued to many California drivers.","status":"publish","parent":0,"modified":1450488640,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":720},"headData":{"title":"Judge Orders Uber to Limit Communication With Drivers in Lawsuit | KQED","description":"Ruling means Uber cannot enforce new arbitration agreements recently issued to many California drivers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judge Orders Uber to Limit Communication With Drivers in Lawsuit","datePublished":"2015-12-18T21:14:20.000Z","dateModified":"2015-12-19T01:30:40.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"10798566 http://ww2.kqed.org/news/?p=10798566","disqusUrl":"https://ww2.kqed.org/news/2015/12/18/judge-orders-uber-to-limit-communication-with-drivers-in-lawsuit/","disqusTitle":"Judge Orders Uber to Limit Communication With Drivers in Lawsuit","path":"/news/10798566/judge-orders-uber-to-limit-communication-with-drivers-in-lawsuit","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A San Francisco federal judge has ordered Uber to limit communication with drivers who are part of a class-action lawsuit against the company, saying he had \"grave concerns\" about arbitration agreements the company sent out last week.\u003c/p>\n\u003cp>U.S. District Court Judge Edward Chen said the agreements are \"likely to engender confusion\" and that he would issue an order preventing them from taking effect for drivers who are part of the lawsuit. However, Chen added that he wasn't sure he had the \"complete authority\" to ban arbitration agreements.\u003c/p>\n\u003cp>The tentative rulings are the latest in the class action against Uber, which argues the company misclassifies drivers as independent contractors instead of employees. The drivers are also seeking reimbursement for expenses, including gas and car maintenance, along with tips they claim were advertised to customers as part of the fares but not given to drivers.\u003c/p>\n\u003cp>Chen said he was directing Uber not to communicate \"with class members or anything that might affect the prosecution of this case without clearing it through counsel or coming to the court if there's a disagreement.\"\u003c/p>\n\u003cp>Uber sent out the new arbitration agreements last Friday, two days after Chen issued a ruling expanding the class of drivers who could be part of the lawsuit. He ruled 2014 and 2015 arbitration agreements were unenforceable, which meant drivers who opted out of those clauses could be included in the lawsuit. Uber is appealing the ruling.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Theodore Boutrous, the attorney for Uber, estimated that up to 100,000 drivers were added to the class, joining 8,000 drivers \u003ca href=\"http://ww2.kqed.org/news/2015/09/01/judge-certifies-uber-drivers-lawsuit-as-a-class-action\" target=\"_blank\">certified by Chen on Sept. 1\u003c/a>. The case could affect up to 160,000 Uber drivers in California, and Chen said he would rule later on how last week's agreements might affect other drivers.\u003c/p>\n\u003cp>The attorney for the drivers, Shannon Liss-Riordan, said the agreement and email sent to drivers last week was an attempt by Uber to curtail its liability in pending lawsuits. She argued \u003ca href=\"http://ww2.kqed.org/news/2015/12/14/controversy-surrounds-ubers-new-arbitration-agreement-for-drivers\" target=\"_blank\">Uber was trying to \"potentially trick\" drivers\u003c/a> into opting out of the class-action suit.\u003c/p>\n\u003cp>In legal briefs, Liss-Riordan wrote that her firm received more than 800 inquiries from Uber drivers \"who have expressed confusion and dismay about the new agreement, and do not know if they need to opt out of the agreement to participate in the case.\"\u003c/p>\n\u003cp>Boutrous argued that the new agreement was a reaction to Chen's concerns about the arbitration clauses in Uber's earlier driver contracts.\u003c/p>\n\u003cp>\"[An] agreement was sent out that this court was troubled by, and it fixes those things,\" Boutrous told Chen. \"These aren't some nefarious, evil agreements that must be stopped.\"\u003c/p>\n\u003cp>In his legal briefs, Boutrous wrote that \"there is nothing deceptive, coercive, or misleading about the agreements Uber has implemented (and drivers voluntarily accepted). Indeed, Uber did not amend, in any substantive way, any of the notice provisions or opt-out mechanisms that this court previously approved.\"\u003c/p>\n\u003cp>Boutrous said that a higher number of drivers have opted out of the new arbitration agreement compared with earlier contracts. Liss-Riordan attributes that to widespread news coverage and drivers finding out about the lawsuit from her firm.\u003c/p>\n\u003cp>Chen suggested that Uber provide more \"robust disclosure\" by providing a hyperlink on the first page of the agreement that clearly gives drivers an opt-out option.\u003c/p>\n\u003cp>\"If it's to truly implement a fair model, why not have a simple click the box and not have it on page 21?\" Chen asked.\u003c/p>\n\u003cp>Liss-Riordan also challenged a recent effort by Uber to prove its drivers believe they're independent contractors.\u003c/p>\n\u003cp>The company has begun offering money to drivers for proof they also work for other ride services, such as Lyft. Liss-Riordan called the payments part of a \"deceptive attempt by Uber to gather evidence in support of its defense in this case -- and against the interests of the class -- in exchange for payment.\"\u003c/p>\n\u003cp>Boutrous told Chen the driver information is being gathered for market research.\u003c/p>\n\u003cp>\"The company gathers information about its competitor, and this email was sent to a fraction of California drivers seeking information about their experience with Lyft,\" he told Chen.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Meanwhile, Liss-Riordan filed a motion Thursday seeking to have the case tried by the judge instead of a jury.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10798566/judge-orders-uber-to-limit-communication-with-drivers-in-lawsuit","authors":["214"],"programs":["news_6944"],"categories":["news_6188","news_248","news_1397"],"tags":["news_19904","news_5555","news_4523"],"featImg":"news_10798568","label":"news_6944"},"news_10794261":{"type":"posts","id":"news_10794261","meta":{"index":"posts_1591205157","site":"news","id":"10794261","score":null,"sort":[1450140728000]},"guestAuthors":[],"slug":"controversy-surrounds-ubers-new-arbitration-agreement-for-drivers","title":"Lawyer Asks Judge to Throw Out Uber's New Driver Contract","publishDate":1450140728,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>Two days after a San Francisco federal judge \u003ca href=\"http://ww2.kqed.org/news/2015/12/10/uber-drivers-class-action-lawsuit-expanded\" target=\"_blank\">expanded a lawsuit\u003c/a> by California drivers against Uber, the company sent out a new arbitration agreement that an attorney alleges is an attempt to \"potentially trick\" drivers into opting out of the class action.\u003c/p>\n\u003cp>Shannon Liss-Riordan, who filed the suit on behalf of drivers seeking to be classified as employees rather than independent contractors, wrote that she received between 100-200 inquiries from Uber drivers \"who have expressed confusion and dismay about the new agreement.\"\u003c/p>\n\u003cp>She filed a motion Friday asking U.S. District Judge Edward Chen to invalidate it.\u003c/p>\n\u003cp>\"Uber has attempted to usurp this Court's role of overseeing the process of issuing class notice and allowing drivers to have a full and fair opportunity, supervised by the Court, to learn about the case and choose whether or not to participate or opt out,\" the motion read.\u003c/p>\n\u003cp>Last Wednesday, Chen agreed to expand the suit to include drivers who signed recent arbitration clauses, which Liss-Riordan said would include \"many more thousands\" of drivers in the suit.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[contextly_sidebar id=\"Dt3CpiEyhq9gvdXnR3PAkgUsEsDajHPJ\"]\u003c/p>\n\u003cp>Chen ruled the clause was unenforceable because it contained an illegal waiver for PAGA, the Private Attorney General Act, which allows a private citizen to sue on behalf of the state for labor code violations.\u003c/p>\n\u003cp>Uber officials say the company sent out a new agreement that clears this up and addresses Chen's concerns.\u003c/p>\n\u003cp>\"We believe strongly that our agreements are valid, but we are making some changes and clarifications to remove uncertainty for drivers and for us as we work through our multiple appeals on this issue,\" said an Uber spokesman.\u003c/p>\n\u003cp>The new 21-page contract was emailed to all Uber drivers on Friday. They are required to sign it before they can use the app and drive, the spokesman said, noting that drivers have 30 days to opt out of the arbitration clause.\u003c/p>\n\u003cp>But Liss-Riordan, in her motion, wrote that Uber's agreements \"mention nothing about class certification\" and give only a passing reference to the class-action lawsuit.\u003c/p>\n\u003cp>\"Drivers receiving the agreement would not realize that they are class members in this case, or that by agreeing and failing to opt out of the arbitration agreement, they may be giving up their right to participate,\" she wrote.\u003c/p>\n\u003cp>The class-action suit could potentially affect up to 160,000 Uber drivers in California, and if successful would mean drivers could be reimbursed for expenses.\u003c/p>\n\u003cp>Uber's lawyers say they informed Chen of the new agreements in court last week during a hearing in a different case involving Uber, and he \"understood both the need for Uber to send out new agreements in light of its rulings and why the planned rollout made sense.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A hearing on the case is set for Thursday afternoon in Chen's courtroom.\u003c/p>\n\n","blocks":[],"excerpt":"Attorney in class-action case says new agreement amounts to an attempt to trick drivers into not joining case. ","status":"publish","parent":0,"modified":1450155971,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":474},"headData":{"title":"Lawyer Asks Judge to Throw Out Uber's New Driver Contract | KQED","description":"Attorney in class-action case says new agreement amounts to an attempt to trick drivers into not joining case. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Lawyer Asks Judge to Throw Out Uber's New Driver Contract","datePublished":"2015-12-15T00:52:08.000Z","dateModified":"2015-12-15T05:06:11.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"10794261 http://ww2.kqed.org/news/?p=10794261","disqusUrl":"https://ww2.kqed.org/news/2015/12/14/controversy-surrounds-ubers-new-arbitration-agreement-for-drivers/","disqusTitle":"Lawyer Asks Judge to Throw Out Uber's New Driver Contract","path":"/news/10794261/controversy-surrounds-ubers-new-arbitration-agreement-for-drivers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two days after a San Francisco federal judge \u003ca href=\"http://ww2.kqed.org/news/2015/12/10/uber-drivers-class-action-lawsuit-expanded\" target=\"_blank\">expanded a lawsuit\u003c/a> by California drivers against Uber, the company sent out a new arbitration agreement that an attorney alleges is an attempt to \"potentially trick\" drivers into opting out of the class action.\u003c/p>\n\u003cp>Shannon Liss-Riordan, who filed the suit on behalf of drivers seeking to be classified as employees rather than independent contractors, wrote that she received between 100-200 inquiries from Uber drivers \"who have expressed confusion and dismay about the new agreement.\"\u003c/p>\n\u003cp>She filed a motion Friday asking U.S. District Judge Edward Chen to invalidate it.\u003c/p>\n\u003cp>\"Uber has attempted to usurp this Court's role of overseeing the process of issuing class notice and allowing drivers to have a full and fair opportunity, supervised by the Court, to learn about the case and choose whether or not to participate or opt out,\" the motion read.\u003c/p>\n\u003cp>Last Wednesday, Chen agreed to expand the suit to include drivers who signed recent arbitration clauses, which Liss-Riordan said would include \"many more thousands\" of drivers in the suit.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Chen ruled the clause was unenforceable because it contained an illegal waiver for PAGA, the Private Attorney General Act, which allows a private citizen to sue on behalf of the state for labor code violations.\u003c/p>\n\u003cp>Uber officials say the company sent out a new agreement that clears this up and addresses Chen's concerns.\u003c/p>\n\u003cp>\"We believe strongly that our agreements are valid, but we are making some changes and clarifications to remove uncertainty for drivers and for us as we work through our multiple appeals on this issue,\" said an Uber spokesman.\u003c/p>\n\u003cp>The new 21-page contract was emailed to all Uber drivers on Friday. They are required to sign it before they can use the app and drive, the spokesman said, noting that drivers have 30 days to opt out of the arbitration clause.\u003c/p>\n\u003cp>But Liss-Riordan, in her motion, wrote that Uber's agreements \"mention nothing about class certification\" and give only a passing reference to the class-action lawsuit.\u003c/p>\n\u003cp>\"Drivers receiving the agreement would not realize that they are class members in this case, or that by agreeing and failing to opt out of the arbitration agreement, they may be giving up their right to participate,\" she wrote.\u003c/p>\n\u003cp>The class-action suit could potentially affect up to 160,000 Uber drivers in California, and if successful would mean drivers could be reimbursed for expenses.\u003c/p>\n\u003cp>Uber's lawyers say they informed Chen of the new agreements in court last week during a hearing in a different case involving Uber, and he \"understood both the need for Uber to send out new agreements in light of its rulings and why the planned rollout made sense.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A hearing on the case is set for Thursday afternoon in Chen's courtroom.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10794261/controversy-surrounds-ubers-new-arbitration-agreement-for-drivers","authors":["214"],"programs":["news_6944"],"categories":["news_248","news_1397"],"tags":["news_19904","news_5555","news_4523"],"featImg":"news_10794263","label":"news_6944"},"news_10566586":{"type":"posts","id":"news_10566586","meta":{"index":"posts_1591205157","site":"news","id":"10566586","score":null,"sort":[1434576643000]},"guestAuthors":[],"slug":"california-labor-ruling-uber-drivers-are-employees-not-contractors","title":"California Labor Ruling: Uber Driver Was an Employee, Not a Contractor","publishDate":1434576643,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>\u003cem>\u003cstrong>Note: \u003c/strong>This post has been updated to clarify that a state agency's ruling applies immediately to just one Uber driver and to include a statement from the ride-service company. \u003c/em>\u003c/p>\n\u003cp>The California Labor Commission has issued a ruling (\u003ca href=\"#ubervberwick\">embedded below\u003c/a>) declaring that a San Francisco woman who drove for Uber should be classified as an employee, not an independent contractor.\u003c/p>\n\u003cp>Uber is appealing the ruling, which, if extended to other drivers, could undercut its potential profits as it continues to expand worldwide. The ride-hailing service now operates in hundreds of cities in the United States and 56 other countries. Its rapid growth has won the company more than $1 billion investment and a valuation reported at $40 billion to $50 billion.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/210830052\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>The Labor Commission issued its decision earlier this month in the case of a San Francisco woman, Barbara Ann Berwick, who sued the company for back wages after driving for the service for about two months in 2014.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In awarding Berwick $4,000 in back wages and interest, a commission hearing officer essentially dismissed Uber's argument that it's merely a platform that allows passengers to connect with drivers -- a private transaction, the company says -- and that it exerts no control over drivers' hours.\u003c/p>\n\u003cp>Hearing officer Stephanie Barrett wrote:\u003c/p>\n\u003cblockquote>\u003cp>Defendants hold themselves out as nothing more than a neutral technological platform, designed simply to engage drivers and passengers to transact the business of transportation. The reality, however, is that defendants are involved in every aspect of the operation. Defendants vet prospective drivers, who must provide to defendants their personal banking and residence information, as well as their Social Security Number. Drivers cannot use defendants' application unless they pass defendants' background and DMV checks.\u003c/p>\u003c/blockquote>\n\u003cp>The ruling goes on to note that Uber:\u003c/p>\n\u003cul>\n\u003cli>Controls the tools its drivers use.\u003c/li>\n\u003cli>Sets prices and cancellation fees for passengers and payments to drivers.\u003c/li>\n\u003cli>Provides the smartphone app that makes the ride-service work possible.\u003c/li>\n\u003c/ul>\n\u003cp>The ruling also contains a somewhat ironic note. It cites a California Court of Appeal ruling in comparing Uber, which has railed against the evils of the taxicab industry that it is replacing, to -- yes, traditional cab companies. The cited passage, from Yellow Cab Cooperative v. Workers Compensation Appeals Board, a 1991 case:\u003c/p>\n\u003cblockquote>\u003cp>Although some of the factors in this case can be indicative of the workers being independent contractors, the overriding factor is that the persons performing the work are not engaged in occupations or businesses distinct from that of the [defendants]. Rather, their work is the basis for [defendants'] business. [Defendants] obtain the clients who are in need of delivery services and provides the workers who conduct the service on behalf of [defendants]. In addition, even though there is an absence of control over the details, an employee-employer relationship will be found if the [defendants] retain pervasive control over the operation as a whole, the worker's duties are an integral part of the operation, and the nature of the work makes detailed control unnecessary.\u003c/p>\u003c/blockquote>\n\u003cp>Reuters first reported the Labor Commission ruling and implied that it applied to all Uber drivers (for the record, so did our original post). That prompted the following statement from an Uber spokesperson:\u003c/p>\n\u003cblockquote>\u003cp>Reuters’ original headline was not accurate. The California Labor Commission’s ruling is non-binding and applies to a single driver. Indeed it is contrary to a previous ruling by the same commission, which concluded in 2012 that the driver ‘performed services as an independent contractor, and not as a bona fide employee.’ Five other states have also come to the same conclusion. It’s important to remember that the number one reason drivers choose to use Uber is because they have complete flexibility and control. The majority of them can and do choose to earn their living from multiple sources, including other ride sharing companies.\u003c/p>\u003c/blockquote>\n\u003cp>The Berwick case is just one of \u003ca href=\"http://www.bloomberg.com/news/articles/2015-01-30/uber-drivers-may-have-employee-status-judge-says\" target=\"_blank\">a number of legal actions\u003c/a> launched against Uber and competitor Lyft (and \u003ca href=\"http://www.washingtonpost.com/blogs/wonkblog/wp/2015/03/13/no-driver-lawsuits-wont-destroy-the-uber-for-x-business-model/\" target=\"_blank\">other \"on-demand economy\" startups\u003c/a>) over whether workers should be classified as independent contractor or employees.\u003c/p>\n\u003cp>\u003ca id=\"ubervberwick\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/268947090/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_46266\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n","blocks":[],"excerpt":"Commission dismisses company's argument that it's merely a platform used for arranging transactions.","status":"publish","parent":0,"modified":1434588791,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":714},"headData":{"title":"California Labor Ruling: Uber Driver Was an Employee, Not a Contractor | KQED","description":"Commission dismisses company's argument that it's merely a platform used for arranging transactions.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Labor Ruling: Uber Driver Was an Employee, Not a Contractor","datePublished":"2015-06-17T21:30:43.000Z","dateModified":"2015-06-18T00:53:11.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"10566586 http://ww2.kqed.org/news/?p=10566586","disqusUrl":"https://ww2.kqed.org/news/2015/06/17/california-labor-ruling-uber-drivers-are-employees-not-contractors/","disqusTitle":"California Labor Ruling: Uber Driver Was an Employee, Not a Contractor","path":"/news/10566586/california-labor-ruling-uber-drivers-are-employees-not-contractors","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003cstrong>Note: \u003c/strong>This post has been updated to clarify that a state agency's ruling applies immediately to just one Uber driver and to include a statement from the ride-service company. \u003c/em>\u003c/p>\n\u003cp>The California Labor Commission has issued a ruling (\u003ca href=\"#ubervberwick\">embedded below\u003c/a>) declaring that a San Francisco woman who drove for Uber should be classified as an employee, not an independent contractor.\u003c/p>\n\u003cp>Uber is appealing the ruling, which, if extended to other drivers, could undercut its potential profits as it continues to expand worldwide. The ride-hailing service now operates in hundreds of cities in the United States and 56 other countries. Its rapid growth has won the company more than $1 billion investment and a valuation reported at $40 billion to $50 billion.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/210830052&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/210830052'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The Labor Commission issued its decision earlier this month in the case of a San Francisco woman, Barbara Ann Berwick, who sued the company for back wages after driving for the service for about two months in 2014.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In awarding Berwick $4,000 in back wages and interest, a commission hearing officer essentially dismissed Uber's argument that it's merely a platform that allows passengers to connect with drivers -- a private transaction, the company says -- and that it exerts no control over drivers' hours.\u003c/p>\n\u003cp>Hearing officer Stephanie Barrett wrote:\u003c/p>\n\u003cblockquote>\u003cp>Defendants hold themselves out as nothing more than a neutral technological platform, designed simply to engage drivers and passengers to transact the business of transportation. The reality, however, is that defendants are involved in every aspect of the operation. Defendants vet prospective drivers, who must provide to defendants their personal banking and residence information, as well as their Social Security Number. Drivers cannot use defendants' application unless they pass defendants' background and DMV checks.\u003c/p>\u003c/blockquote>\n\u003cp>The ruling goes on to note that Uber:\u003c/p>\n\u003cul>\n\u003cli>Controls the tools its drivers use.\u003c/li>\n\u003cli>Sets prices and cancellation fees for passengers and payments to drivers.\u003c/li>\n\u003cli>Provides the smartphone app that makes the ride-service work possible.\u003c/li>\n\u003c/ul>\n\u003cp>The ruling also contains a somewhat ironic note. It cites a California Court of Appeal ruling in comparing Uber, which has railed against the evils of the taxicab industry that it is replacing, to -- yes, traditional cab companies. The cited passage, from Yellow Cab Cooperative v. Workers Compensation Appeals Board, a 1991 case:\u003c/p>\n\u003cblockquote>\u003cp>Although some of the factors in this case can be indicative of the workers being independent contractors, the overriding factor is that the persons performing the work are not engaged in occupations or businesses distinct from that of the [defendants]. Rather, their work is the basis for [defendants'] business. [Defendants] obtain the clients who are in need of delivery services and provides the workers who conduct the service on behalf of [defendants]. In addition, even though there is an absence of control over the details, an employee-employer relationship will be found if the [defendants] retain pervasive control over the operation as a whole, the worker's duties are an integral part of the operation, and the nature of the work makes detailed control unnecessary.\u003c/p>\u003c/blockquote>\n\u003cp>Reuters first reported the Labor Commission ruling and implied that it applied to all Uber drivers (for the record, so did our original post). That prompted the following statement from an Uber spokesperson:\u003c/p>\n\u003cblockquote>\u003cp>Reuters’ original headline was not accurate. The California Labor Commission’s ruling is non-binding and applies to a single driver. Indeed it is contrary to a previous ruling by the same commission, which concluded in 2012 that the driver ‘performed services as an independent contractor, and not as a bona fide employee.’ Five other states have also come to the same conclusion. It’s important to remember that the number one reason drivers choose to use Uber is because they have complete flexibility and control. The majority of them can and do choose to earn their living from multiple sources, including other ride sharing companies.\u003c/p>\u003c/blockquote>\n\u003cp>The Berwick case is just one of \u003ca href=\"http://www.bloomberg.com/news/articles/2015-01-30/uber-drivers-may-have-employee-status-judge-says\" target=\"_blank\">a number of legal actions\u003c/a> launched against Uber and competitor Lyft (and \u003ca href=\"http://www.washingtonpost.com/blogs/wonkblog/wp/2015/03/13/no-driver-lawsuits-wont-destroy-the-uber-for-x-business-model/\" target=\"_blank\">other \"on-demand economy\" startups\u003c/a>) over whether workers should be classified as independent contractor or employees.\u003c/p>\n\u003cp>\u003ca id=\"ubervberwick\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/268947090/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_46266\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10566586/california-labor-ruling-uber-drivers-are-employees-not-contractors","authors":["222"],"programs":["news_6944","news_72"],"categories":["news_6188","news_248","news_1397"],"tags":["news_19904","news_5555","news_17286","news_17041","news_4952","news_4523"],"featImg":"news_10549612","label":"news_72"}},"programsReducer":{"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/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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You ask the questions. You decide what Bay Curious investigates. 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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>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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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. 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