Court Upholds Prop. 22 in Big Win for Gig Firms Like Lyft and Uber
Bay Area Judge Rules Uber, Lyft-Backed Prop. 22 Is Unconstitutional
Black and Brown Gig Workers Report Lower Ratings — But Companies Make Bias Hard to Track
They Work on an App. They Deliver Groceries. And Now They Have a Union
How Proposition 22 Blocks Cities and Counties From Giving Hazard Pay to Gig Workers
How Franchising Paved the Way for the Gig Economy
'Coming for You and Your Job': With Prop. 22, Are Grocery Staff Layoffs Just the Beginning?
'Dashers,' 'Taskers' and Other Euphemisms Obscure Real Losses for Gig Workers
Tired of Big Tech, Co-ops Appeal to Delivery Workers Burned by Gigs
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FM","link":"/"}},"news_11943454":{"type":"posts","id":"news_11943454","meta":{"index":"posts_1591205157","site":"news","id":"11943454","score":null,"sort":[1678825642000]},"guestAuthors":[],"slug":"court-upholds-prop-22-in-big-win-for-gig-firms-like-lyft-and-uber","title":"Court Upholds Prop. 22 in Big Win for Gig Firms Like Lyft and Uber","publishDate":1678825642,"format":"standard","headTitle":"CALmatters | KQED News","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>In the winding story of California’s gig-worker laws, another chapter has come to a close.\u003c/p>\n\u003cp>Justices in a California court of appeals on Monday ruled that Proposition 22 — a 2020 ballot measure that allowed Uber, Lyft and other \"gig\" companies to classify their workers as independent contractors rather than employees — is largely constitutional.\u003c/p>\n\u003cp>The distinction between employees and contractors is important: Unlike independent contractors, employees have the right to a host of benefits and protections like minimum wage, sick leave and family leave, unemployment and disability benefits, and more.\u003c/p>\n\u003cp>The three court of appeals judges in San Francisco, who heard oral arguments in the case in December, disagreed with two of the three points of a lower court's ruling that had largely \u003ca href=\"https://www.latimes.com/business/story/2021-08-20/prop-22-unconstitutional\">invalidated Prop. 22\u003c/a>.\u003c/p>\n\u003cp>But the judges on Monday did agree with the lower court that a clause in the measure — requiring collective bargaining to occur through an amendment to the proposition — “violates separation of powers principles,” and ordered it be removed.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Even so, the appeals court ruling leaves most of Prop. 22 intact.\u003c/p>\n\u003cp>Supporters of the measure were quick to celebrate the decision, with the Protect App-Based Drivers and Services coalition, which includes Uber, Lyft, DoorDash and Instacart, calling it “a victory for the nearly 1.4 million drivers” in California.[aside label=\"related coverage\" tag=\"proposition-22\"]“Voters knew what they were voting on,” said Jennifer Barrera, president of the California Chamber of Commerce. “They wanted to maintain the flexibility for these gig workers and provide them the opportunity to do this work. And I think that’s ultimately what the judge did — is to uphold that flexibility.”\u003c/p>\n\u003cp>But while this chapter has drawn to a close, the story probably isn’t over. The Service Employees International Union is challenging the constitutionality of the measure and may appeal the ruling.\u003c/p>\n\u003cp>“Drivers have always led this movement, and we will follow their lead as we consider all options — including seeking review from the [California] Supreme Court — to ensure that gig drivers and delivery workers have access to the same rights and protections afforded to other workers in California,” Tia Orr, executive director of SEIU California, said in a statement.\u003c/p>\n\u003cp>Lorena Gonzalez Fletcher, executive secretary-treasurer of the California Labor Federation, an umbrella organization for labor unions, which opposed Prop. 22, lambasted the ruling.\u003c/p>\n\u003cp>“Today the Appeals Court chose to stand with powerful corporations over working people, allowing companies to buy their way out of our state’s labor laws and undermine our state constitution,” she said in a statement. “Our system is broken. It would be an understatement to say we are disappointed by this decision.”\u003c/p>\n\u003cp>In an interview earlier this month, \u003ca href=\"https://www.law.berkeley.edu/our-faculty/faculty-profiles/catherine-fisk/\">UC Berkeley Law professor Catherine Fisk\u003c/a> said she’d be “stunned” if whichever side lost didn’t appeal the decision.\u003c/p>\n\u003cp>“There’s just too much money at stake — for both sides,” she said.\u003c/p>\n\u003cp>The judicial system moves slowly, so it could be months before the California Supreme Court decides on whether or not to hear an appeal.\u003c/p>\n\u003cp>The case has ramifications beyond this initiative, said \u003ca href=\"https://www.nmgovlaw.com/team/kurt-oneto/\">Kurt Oneto, an attorney with Nielsen Merksamer\u003c/a>, the firm representing the coalition of gig companies, and is defending the ballot measure in court.\u003c/p>\n\u003cp>The challenges to the initiative “would drastically undercut and restrain the initiative power of California voters,” he told CalMatters earlier this year.\u003c/p>\n\u003cp>But ultimately at stake are the kinds of pay, benefits and legal protections that drivers are entitled to, said \u003ca href=\"https://altshulerberzon.com/attorneys/stacey-leyton/\">Stacey Leyton, attorney with Altshuler Berzon\u003c/a>, the law firm representing SEIU and workers in challenging the ballot measure.\u003c/p>\n\u003cp>But the effects will extend beyond drivers, she said.\u003c/p>\n\u003cp>“When companies exploit their workers and misclassify their workers, it has the effect of harming all workers,” said Leyton.\u003c/p>\n\u003ch2>How did we get here?\u003c/h2>\n\u003cp>California’s battle over the classification of workers began in 2018, when the state Supreme Court issued a ruling that \u003ca href=\"https://calmatters.org/economy/2018/08/companies-beg-for-relief-from-pro-labor-gig-worker-ruling/\">established a new standard for who can be counted as an independent contractor\u003c/a>. That decision spurred a \u003ca href=\"https://calmatters.org/economy/2019/09/whos-in-whos-out-of-ab-5/\">new state law\u003c/a> that classified workers in many sectors — including truckers, commercial janitors, nail salon workers, physical therapists and gig economy workers — as employees.\u003c/p>\n\u003cp>After failing to get the ride-share industry exempted from the new law, Uber and Lyft upped the ante, \u003ca href=\"https://www.latimes.com/business/technology/story/2019-08-29/ab5-uber-lyft-newsom-lorena-gonzalez-ballot-tony-west\">threatening to write a ballot measure\u003c/a> to do so unless they could negotiate another deal. They argued that changing the employment status of drivers would reduce workers’ flexibility and “\u003ca href=\"https://www.sfchronicle.com/opinion/openforum/article/Open-Forum-Uber-Lyft-ready-to-do-our-part-for-13969843.php?\">pose a risk to our businesses\u003c/a>.”\u003c/p>\n\u003cp>In 2020, the companies forged ahead with Prop. 22, which became a pitched battle between labor and business, \u003ca href=\"https://www.latimes.com/projects/props-california-2020-election-money/\">breaking state campaign finance records\u003c/a> in the process.\u003c/p>\n\u003cp>In addition to \u003ca href=\"https://calmatters.org/election-2020-guide/proposition-22-gig-workers-ab-5/\">classifying workers as independent contractors\u003c/a>, the measure offered gig workers \u003ca href=\"https://lao.ca.gov/BallotAnalysis/Proposition?number=22&year=2020\">certain incentives\u003c/a>, in lieu of standard employee benefits, including 120% of minimum wage for “active” driving time (but not time waiting), a partial health care subsidy for those who clocked enough hours per week, and on-the-job injury coverage.\u003c/p>\n\u003cp>The \u003ca href=\"https://calmatters.org/election-2020-guide/proposition-22-gig-workers-ab-5/\">measure passed\u003c/a> with 58% of the vote in November 2020.\u003c/p>\n\u003cp>Shortly after Prop. 22 passed, SEIU and a group of drivers mounted a \u003ca href=\"https://www.latimes.com/business/technology/story/2021-01-12/prop-22-faces-first-legal-challenge-from-ride-share-drivers-seiu\">legal challenge\u003c/a>, arguing that it violated California’s constitution. Their case was eventually heard by a judge in Alameda County Superior Court, who in 2021 struck down \u003ca href=\"https://ca-times.brightspotcdn.com/c5/f5/7bba477c4a839d1edd9f5b5a75e9/prop-22-alameda-superior-ct.%208-20-21.pdf\">Prop. 22 (PDF)\u003c/a> as unconstitutional. But attorneys representing the state and the coalition representing gig companies appealed that decision, sending it to the appeals court.\u003c/p>\n\u003ch2 id=\"h-what-s-happened-since-prop-22-went-into-effect\">What's happened since Prop. 22 went into effect\u003c/h2>\n\u003cp>What has changed — for better or worse — since the measure took effect depends somewhat on who you ask.\u003c/p>\n\u003cp>Jose Pineda, a driver for DoorDash in Northridge who was referred to CalMatters by the industry coalition, says his hourly pay has increased from about $23–$25 (before costs) to $27–$30. After switching from Medi-Cal to an insurance plan through Covered California, he receives a health stipend of about $75 every two weeks, he said. He supported Prop. 22, and said, “I think it’s good. I think we need it. I mean, what else is out there?”\u003c/p>\n\u003cp>Contrast that with the experience of Daryush Khodadadi-Mobarakeh, who was referred to CalMatters by SEIU. Khodadadi-Mobarakeh, who drives 35 to 40 hours a week for several companies, including Uber, Lyft and DoorDash, and is a leader with the California Gig Workers Union, said his pay has consistently decreased since he began working in 2014, and particularly after Prop. 22 went into effect.\u003c/p>\n\u003cp>Now it takes him about 12 hours to make the same amount he used to earn in eight hours before Prop. 22, he said.\u003c/p>\n\u003cp>How drivers’ wages have been affected by Prop. 22 depends in part on how working hours and expenses are calculated (and who's doing the research). A \u003ca href=\"https://protectdriversandservices.com/wp-content/uploads/2022/03/UCR_CEFD_CA_AppDrivers_Analysis_2_17_2022-41.pdf\">study paid for by the industry coalition \u003c/a>and conducted by researchers at UC Riverside found that in late 2021, drivers for DoorDash, Instacart, Lyft and Uber earned $34.46 in gross pay per hour of “engaged” time — the time between accepting a ride or delivery and dropping off the order or rider. That was up from $27.34 in late 2019, before the measure passed. Those wages don’t account for the time workers spend waiting between rides, or costs like fuel, car maintenance and insurance.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>But a \u003ca href=\"https://nationalequityatlas.org/prop22-paystudy\">study of Uber and Lyft drivers\u003c/a> conducted by National Equity Atlas, in partnership with Rideshare Drivers United, which opposed Prop. 22, found that drivers on average earned $26.30 in gross wages per hour in late 2021. But the study then calculated the cost of employee benefits that gig workers don't receive — including reimbursement for total miles driven and employer contributions to programs including Social Security, Medicare, unemployment insurance and paid sick time. When figured into the equation, drivers' net wages dropped to $6.20 per hour, the study found.\u003c/p>\n\n","blocks":[],"excerpt":"An appeals court ruled Monday in favor of companies that want to classify some workers as independent contractors, saying that Proposition 22 is mostly constitutional.","status":"publish","parent":0,"modified":1678825642,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1369},"headData":{"title":"Court Upholds Prop. 22 in Big Win for Gig Firms Like Lyft and Uber | KQED","description":"An appeals court ruled Monday in favor of companies that want to classify some workers as independent contractors, saying that Proposition 22 is mostly constitutional.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Court Upholds Prop. 22 in Big Win for Gig Firms Like Lyft and Uber","datePublished":"2023-03-14T20:27:22.000Z","dateModified":"2023-03-14T20:27:22.000Z","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/grace-gedye/\">Grace Gedye\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11943454/court-upholds-prop-22-in-big-win-for-gig-firms-like-lyft-and-uber","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In the winding story of California’s gig-worker laws, another chapter has come to a close.\u003c/p>\n\u003cp>Justices in a California court of appeals on Monday ruled that Proposition 22 — a 2020 ballot measure that allowed Uber, Lyft and other \"gig\" companies to classify their workers as independent contractors rather than employees — is largely constitutional.\u003c/p>\n\u003cp>The distinction between employees and contractors is important: Unlike independent contractors, employees have the right to a host of benefits and protections like minimum wage, sick leave and family leave, unemployment and disability benefits, and more.\u003c/p>\n\u003cp>The three court of appeals judges in San Francisco, who heard oral arguments in the case in December, disagreed with two of the three points of a lower court's ruling that had largely \u003ca href=\"https://www.latimes.com/business/story/2021-08-20/prop-22-unconstitutional\">invalidated Prop. 22\u003c/a>.\u003c/p>\n\u003cp>But the judges on Monday did agree with the lower court that a clause in the measure — requiring collective bargaining to occur through an amendment to the proposition — “violates separation of powers principles,” and ordered it be removed.\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>Even so, the appeals court ruling leaves most of Prop. 22 intact.\u003c/p>\n\u003cp>Supporters of the measure were quick to celebrate the decision, with the Protect App-Based Drivers and Services coalition, which includes Uber, Lyft, DoorDash and Instacart, calling it “a victory for the nearly 1.4 million drivers” in California.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"proposition-22"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Voters knew what they were voting on,” said Jennifer Barrera, president of the California Chamber of Commerce. “They wanted to maintain the flexibility for these gig workers and provide them the opportunity to do this work. And I think that’s ultimately what the judge did — is to uphold that flexibility.”\u003c/p>\n\u003cp>But while this chapter has drawn to a close, the story probably isn’t over. The Service Employees International Union is challenging the constitutionality of the measure and may appeal the ruling.\u003c/p>\n\u003cp>“Drivers have always led this movement, and we will follow their lead as we consider all options — including seeking review from the [California] Supreme Court — to ensure that gig drivers and delivery workers have access to the same rights and protections afforded to other workers in California,” Tia Orr, executive director of SEIU California, said in a statement.\u003c/p>\n\u003cp>Lorena Gonzalez Fletcher, executive secretary-treasurer of the California Labor Federation, an umbrella organization for labor unions, which opposed Prop. 22, lambasted the ruling.\u003c/p>\n\u003cp>“Today the Appeals Court chose to stand with powerful corporations over working people, allowing companies to buy their way out of our state’s labor laws and undermine our state constitution,” she said in a statement. “Our system is broken. It would be an understatement to say we are disappointed by this decision.”\u003c/p>\n\u003cp>In an interview earlier this month, \u003ca href=\"https://www.law.berkeley.edu/our-faculty/faculty-profiles/catherine-fisk/\">UC Berkeley Law professor Catherine Fisk\u003c/a> said she’d be “stunned” if whichever side lost didn’t appeal the decision.\u003c/p>\n\u003cp>“There’s just too much money at stake — for both sides,” she said.\u003c/p>\n\u003cp>The judicial system moves slowly, so it could be months before the California Supreme Court decides on whether or not to hear an appeal.\u003c/p>\n\u003cp>The case has ramifications beyond this initiative, said \u003ca href=\"https://www.nmgovlaw.com/team/kurt-oneto/\">Kurt Oneto, an attorney with Nielsen Merksamer\u003c/a>, the firm representing the coalition of gig companies, and is defending the ballot measure in court.\u003c/p>\n\u003cp>The challenges to the initiative “would drastically undercut and restrain the initiative power of California voters,” he told CalMatters earlier this year.\u003c/p>\n\u003cp>But ultimately at stake are the kinds of pay, benefits and legal protections that drivers are entitled to, said \u003ca href=\"https://altshulerberzon.com/attorneys/stacey-leyton/\">Stacey Leyton, attorney with Altshuler Berzon\u003c/a>, the law firm representing SEIU and workers in challenging the ballot measure.\u003c/p>\n\u003cp>But the effects will extend beyond drivers, she said.\u003c/p>\n\u003cp>“When companies exploit their workers and misclassify their workers, it has the effect of harming all workers,” said Leyton.\u003c/p>\n\u003ch2>How did we get here?\u003c/h2>\n\u003cp>California’s battle over the classification of workers began in 2018, when the state Supreme Court issued a ruling that \u003ca href=\"https://calmatters.org/economy/2018/08/companies-beg-for-relief-from-pro-labor-gig-worker-ruling/\">established a new standard for who can be counted as an independent contractor\u003c/a>. That decision spurred a \u003ca href=\"https://calmatters.org/economy/2019/09/whos-in-whos-out-of-ab-5/\">new state law\u003c/a> that classified workers in many sectors — including truckers, commercial janitors, nail salon workers, physical therapists and gig economy workers — as employees.\u003c/p>\n\u003cp>After failing to get the ride-share industry exempted from the new law, Uber and Lyft upped the ante, \u003ca href=\"https://www.latimes.com/business/technology/story/2019-08-29/ab5-uber-lyft-newsom-lorena-gonzalez-ballot-tony-west\">threatening to write a ballot measure\u003c/a> to do so unless they could negotiate another deal. They argued that changing the employment status of drivers would reduce workers’ flexibility and “\u003ca href=\"https://www.sfchronicle.com/opinion/openforum/article/Open-Forum-Uber-Lyft-ready-to-do-our-part-for-13969843.php?\">pose a risk to our businesses\u003c/a>.”\u003c/p>\n\u003cp>In 2020, the companies forged ahead with Prop. 22, which became a pitched battle between labor and business, \u003ca href=\"https://www.latimes.com/projects/props-california-2020-election-money/\">breaking state campaign finance records\u003c/a> in the process.\u003c/p>\n\u003cp>In addition to \u003ca href=\"https://calmatters.org/election-2020-guide/proposition-22-gig-workers-ab-5/\">classifying workers as independent contractors\u003c/a>, the measure offered gig workers \u003ca href=\"https://lao.ca.gov/BallotAnalysis/Proposition?number=22&year=2020\">certain incentives\u003c/a>, in lieu of standard employee benefits, including 120% of minimum wage for “active” driving time (but not time waiting), a partial health care subsidy for those who clocked enough hours per week, and on-the-job injury coverage.\u003c/p>\n\u003cp>The \u003ca href=\"https://calmatters.org/election-2020-guide/proposition-22-gig-workers-ab-5/\">measure passed\u003c/a> with 58% of the vote in November 2020.\u003c/p>\n\u003cp>Shortly after Prop. 22 passed, SEIU and a group of drivers mounted a \u003ca href=\"https://www.latimes.com/business/technology/story/2021-01-12/prop-22-faces-first-legal-challenge-from-ride-share-drivers-seiu\">legal challenge\u003c/a>, arguing that it violated California’s constitution. Their case was eventually heard by a judge in Alameda County Superior Court, who in 2021 struck down \u003ca href=\"https://ca-times.brightspotcdn.com/c5/f5/7bba477c4a839d1edd9f5b5a75e9/prop-22-alameda-superior-ct.%208-20-21.pdf\">Prop. 22 (PDF)\u003c/a> as unconstitutional. But attorneys representing the state and the coalition representing gig companies appealed that decision, sending it to the appeals court.\u003c/p>\n\u003ch2 id=\"h-what-s-happened-since-prop-22-went-into-effect\">What's happened since Prop. 22 went into effect\u003c/h2>\n\u003cp>What has changed — for better or worse — since the measure took effect depends somewhat on who you ask.\u003c/p>\n\u003cp>Jose Pineda, a driver for DoorDash in Northridge who was referred to CalMatters by the industry coalition, says his hourly pay has increased from about $23–$25 (before costs) to $27–$30. After switching from Medi-Cal to an insurance plan through Covered California, he receives a health stipend of about $75 every two weeks, he said. He supported Prop. 22, and said, “I think it’s good. I think we need it. I mean, what else is out there?”\u003c/p>\n\u003cp>Contrast that with the experience of Daryush Khodadadi-Mobarakeh, who was referred to CalMatters by SEIU. Khodadadi-Mobarakeh, who drives 35 to 40 hours a week for several companies, including Uber, Lyft and DoorDash, and is a leader with the California Gig Workers Union, said his pay has consistently decreased since he began working in 2014, and particularly after Prop. 22 went into effect.\u003c/p>\n\u003cp>Now it takes him about 12 hours to make the same amount he used to earn in eight hours before Prop. 22, he said.\u003c/p>\n\u003cp>How drivers’ wages have been affected by Prop. 22 depends in part on how working hours and expenses are calculated (and who's doing the research). A \u003ca href=\"https://protectdriversandservices.com/wp-content/uploads/2022/03/UCR_CEFD_CA_AppDrivers_Analysis_2_17_2022-41.pdf\">study paid for by the industry coalition \u003c/a>and conducted by researchers at UC Riverside found that in late 2021, drivers for DoorDash, Instacart, Lyft and Uber earned $34.46 in gross pay per hour of “engaged” time — the time between accepting a ride or delivery and dropping off the order or rider. That was up from $27.34 in late 2019, before the measure passed. Those wages don’t account for the time workers spend waiting between rides, or costs like fuel, car maintenance and insurance.\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>But a \u003ca href=\"https://nationalequityatlas.org/prop22-paystudy\">study of Uber and Lyft drivers\u003c/a> conducted by National Equity Atlas, in partnership with Rideshare Drivers United, which opposed Prop. 22, found that drivers on average earned $26.30 in gross wages per hour in late 2021. But the study then calculated the cost of employee benefits that gig workers don't receive — including reimbursement for total miles driven and employer contributions to programs including Social Security, Medicare, unemployment insurance and paid sick time. When figured into the equation, drivers' net wages dropped to $6.20 per hour, the study found.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11943454/court-upholds-prop-22-in-big-win-for-gig-firms-like-lyft-and-uber","authors":["byline_news_11943454"],"categories":["news_8"],"tags":["news_26585","news_4524","news_28695","news_32528","news_25675","news_20517","news_4523"],"affiliates":["news_18481"],"featImg":"news_11843813","label":"news_18481"},"news_11885905":{"type":"posts","id":"news_11885905","meta":{"index":"posts_1591205157","site":"news","id":"11885905","score":null,"sort":[1629573665000]},"guestAuthors":[],"slug":"bay-area-judge-rules-uber-lyft-backed-prop-22-is-unconstitutional","title":"Bay Area Judge Rules Uber, Lyft-Backed Prop. 22 Is Unconstitutional","publishDate":1629573665,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A judge Friday struck down a California ballot measure that exempted Uber and other app-based ride-hailing and delivery services from a state law requiring drivers to be classified as employees eligible for benefits and job protections.\u003c/p>\n\u003cp>Alameda County Superior Court Judge Frank Roesch ruled that Proposition 22 was unconstitutional.[aside postID=\"news_11842964\" label=\"More Prop. 22 coverage\"]\u003c/p>\n\u003cp>Voters approved the measure in November after Uber, Lyft and other services spent $200 million in its favor, making it the most expensive ballot measure in state history.\u003c/p>\n\u003cp>Uber said it planned to appeal, setting up a fight that could likely end up in the California Supreme Court.\u003c/p>\n\u003cp>“This ruling ignores the will of the overwhelming majority of California voters and defies both logic and the law,” company spokesperson Noah Edwardsen said. “You don’t have to take our word for it: California’s attorney general strongly defended Proposition 22’s constitutionality in this very case.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He said the measure will remain in force pending the appeal.\u003c/p>\n\u003cp>The judge sided with three drivers and the Service Employees International Union in a lawsuit that argued the measure improperly removed the state Legislature’s ability to grant workers the right to access to the state workers’ compensation program.\u003c/p>\n\u003cp>https://twitter.com/LorenaSGonzalez/status/1428912910793723905\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>“For two years, drivers have been saying that democracy cannot be bought. And today’s decision shows they were right,” said Bob Schoonover, president of the SEIU California State Council.[aside postID=\"news_11843123\" label=\"An explainer on Prop. 22\"]\u003c/p>\n\u003cp>Proposition 22 shielded app-based ride-hailing and delivery companies from a labor law that required such services to treat drivers as employees and not independent contractors, who don’t have to receive benefits such as paid sick leave or unemployment insurance.\u003c/p>\n\u003cp>Uber and Lyft threatened to leave the state if voters rejected the measure.\u003c/p>\n\u003cp>Labor spent about $20 million to challenge the proposition.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The state Supreme Court initially declined to hear the case in February — mainly on procedural grounds — but left open the possibility of a lower court challenge.\u003c/p>\n\n","blocks":[],"excerpt":"A judge Friday struck down a California ballot measure exempting Uber and other app-based ride-hailing and delivery services from a state law requiring gig workers to be classified as employees.","status":"publish","parent":0,"modified":1629757780,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":358},"headData":{"title":"Bay Area Judge Rules Uber, Lyft-Backed Prop. 22 Is Unconstitutional | KQED","description":"A judge Friday struck down a California ballot measure exempting Uber and other app-based ride-hailing and delivery services from a state law requiring gig workers to be classified as employees.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Bay Area Judge Rules Uber, Lyft-Backed Prop. 22 Is Unconstitutional","datePublished":"2021-08-21T19:21:05.000Z","dateModified":"2021-08-23T22:29:40.000Z","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":"11885905 https://ww2.kqed.org/news/?p=11885905","disqusUrl":"https://ww2.kqed.org/news/2021/08/21/bay-area-judge-rules-uber-lyft-backed-prop-22-is-unconstitutional/","disqusTitle":"Bay Area Judge Rules Uber, Lyft-Backed Prop. 22 Is Unconstitutional","nprByline":"Brian Melley\u003cbr>The Associated Press","path":"/news/11885905/bay-area-judge-rules-uber-lyft-backed-prop-22-is-unconstitutional","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A judge Friday struck down a California ballot measure that exempted Uber and other app-based ride-hailing and delivery services from a state law requiring drivers to be classified as employees eligible for benefits and job protections.\u003c/p>\n\u003cp>Alameda County Superior Court Judge Frank Roesch ruled that Proposition 22 was unconstitutional.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11842964","label":"More Prop. 22 coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Voters approved the measure in November after Uber, Lyft and other services spent $200 million in its favor, making it the most expensive ballot measure in state history.\u003c/p>\n\u003cp>Uber said it planned to appeal, setting up a fight that could likely end up in the California Supreme Court.\u003c/p>\n\u003cp>“This ruling ignores the will of the overwhelming majority of California voters and defies both logic and the law,” company spokesperson Noah Edwardsen said. “You don’t have to take our word for it: California’s attorney general strongly defended Proposition 22’s constitutionality in this very case.”\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>He said the measure will remain in force pending the appeal.\u003c/p>\n\u003cp>The judge sided with three drivers and the Service Employees International Union in a lawsuit that argued the measure improperly removed the state Legislature’s ability to grant workers the right to access to the state workers’ compensation program.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1428912910793723905"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp> \u003c/p>\n\u003cp>“For two years, drivers have been saying that democracy cannot be bought. And today’s decision shows they were right,” said Bob Schoonover, president of the SEIU California State Council.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11843123","label":"An explainer on Prop. 22 "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Proposition 22 shielded app-based ride-hailing and delivery companies from a labor law that required such services to treat drivers as employees and not independent contractors, who don’t have to receive benefits such as paid sick leave or unemployment insurance.\u003c/p>\n\u003cp>Uber and Lyft threatened to leave the state if voters rejected the measure.\u003c/p>\n\u003cp>Labor spent about $20 million to challenge the proposition.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The state Supreme Court initially declined to hear the case in February — mainly on procedural grounds — but left open the possibility of a lower court challenge.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11885905/bay-area-judge-rules-uber-lyft-backed-prop-22-is-unconstitutional","authors":["byline_news_11885905"],"categories":["news_8"],"tags":["news_17994","news_28707","news_4524","news_28581","news_28695","news_4523"],"featImg":"news_11885917","label":"news"},"news_11878952":{"type":"posts","id":"news_11878952","meta":{"index":"posts_1591205157","site":"news","id":"11878952","score":null,"sort":[1626987919000]},"guestAuthors":[],"slug":"black-and-brown-gig-workers-report-lower-ratings-but-companies-make-bias-hard-to-track","title":"Black and Brown Gig Workers Report Lower Ratings — But Companies Make Bias Hard to Track","publishDate":1626987919,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>For almost a decade, on-demand services like Lyft, DoorDash and Instacart have allowed customers to rate and tip workers with just the tap of a finger. Even though it has been almost a decade, we still have no idea how much this allows customer bias to hurt Black and brown workers.\u003c/p>\n\u003cp>While rating workers on an app is new, it’s just the latest system companies have devised to allow customers to impact pay or promotions. If their ratings aren’t perfect, workers can lose income, or even their job, and there’s mounting evidence these systems allow bias to hurt workers of color.\u003c/p>\n\u003ch3>How Restaurants Paved the Way\u003c/h3>\n\u003cp>Long before apps entered the picture, tipping established a way for consumer bias to impact worker pay. Michael Lynn, a professor of consumer behavior at Cornell University, said he has long suspected bias influenced tips.\u003c/p>\n\u003cp>\"I believe that we have an implicit bias against people of color in this country, and I believe those implicit biases are likely to impact tipping,\" Lynn said. But over and over again, he’s come up against a major hurdle in proving it.\u003c/p>\n\u003cp>\"I’ve asked a lot of different companies to give me data,\" Lynn said. \"But there’s no interest on their part in finding out because it doesn’t benefit them. If there is racism, that puts them in a bind, and it’s worse when there is racism and they know about it.\"\u003c/p>\n\u003cp>That said, Lynn was able to get some data \u003ca href=\"https://www.wagehourlitigation.com/wp-content/uploads/sites/215/2015/10/cornell.pdf\">to run a small study on waiters\u003c/a> in 2008. He found that customers did indeed give workers of color lower tips.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch3>Similar Findings in Other Industries\u003c/h3>\n\u003cp>Studies have consistently shown that\u003ca href=\"https://www.yalelawjournal.org/pdf/207_wd54xsc1.pdf\"> Black, brown and immigrant taxi drivers\u003c/a> get lower tips; and health care, management and sales professionals\u003ca href=\"https://journals.aom.org/doi/abs/10.5465/amj.2010.49388763\"> get more negative customer feedback\u003c/a>.\u003c/p>\n\u003cp>The trend is the same in online reviews: Black and brown professors \u003ca href=\"https://teaching.pitt.edu/wp-content/uploads/2018/12/OMET-Racial_bias_and_student_ratings_of_instructors.pdf\">get worse student evaluations\u003c/a>, while \u003ca href=\"https://news.northeastern.edu/2016/12/06/researchers-find-racial-gender-bias-in-online-freelance-marketplaces/\">freelancers on Fiverr and TaskRabbit get lower reviews\u003c/a>, which means fewer jobs and less money.\u003c/p>\n\u003cp>Customers may not even realize they’re treating Black and brown workers differently, giving them lower tips, leaving less positive feedback or rating them lower on an app. The cause of all this, according to researchers, is implicit or unconscious bias.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" tag=\"gig-economy\"]To fully understand the extent of the problem, researchers would need to look at large data sets and see what different groups of workers were getting tipped and rated. Race is just one possible trait to evaluate for bias. The same problem could exist for gender, age, ability or any category that is regularly discriminated against.\u003c/p>\n\u003cp>But while many companies are resistant to collect or share data along these lines, on-demand service apps like DoorDash and Uber don’t even have to gather worker demographic data.\u003c/p>\n\u003cp>That's because of the way they classify their workers. App companies call workers contractors instead of employees. The contractor status also protects these on-demand app service companies from liability if is found that customers are discriminating against any of the workers.\u003c/p>\n\u003cp>The news that the app rating system is problematic is far from new. Labor advocates have been warning about it since the apps started. In 2016, there was an entire study done by Data & Society titled \"\u003ca href=\"https://datasociety.net/pubs/ia/Discriminating_Tastes_Customer_Ratings_as_Vehicles_for_Bias.pdf\">Discriminating Tastes: Customer Ratings as Vehicles for Bias\u003c/a>,\" which was co-authored by Alex Rosenblat, who now works for Uber as the Head of Marketplace Policy, Fairness and Research.\u003c/p>\n\u003ch3>What the Companies Say\u003c/h3>\n\u003cp>KQED reached out to several major app companies: DoorDash, Lyft, Uber and TaskRabbit. Only Lyft and DoorDash responded.\u003c/p>\n\u003cp>DoorDash PR representatives talked about protocols for kicking overtly racist customers off the app, but didn’t mention anything about a system for detecting or addressing implicit bias.\u003c/p>\n\u003cp>A representative from Lyft said the company had commissioned a study to understand the extent of the problem. The PR representative said the company found no evidence of implicit bias in ratings, but it's not possible to confirm the veracity of this assessment, as the company has not made the results or methodology of the study public.\u003c/p>\n\u003cp>Also Lyft, like many other app companies, does not gather demographic information on workers. Without that data, researchers say it's impossible to know with certainty how much a rating and/or tip system allows for implicit bias to hurt workers. The companies are in the dark, and so are the workers.\u003c/p>\n\u003cp>Ashley Salas would love to know what led to non-perfect ratings she got delivering for Instacart in San Francisco. After those, she said, everything changed.\u003c/p>\n\u003cp>[pullquote sze='medium' align='right' citation=\"Ashley Salas, Instacart shopper\"]'It got really, really hard. I went from making $200 a day to struggling to make $100.'[/pullquote]\u003c/p>\n\u003cp>\"It got really, really hard. I went from making $200 a day to struggling to make $100,\" Salas said.\u003c/p>\n\u003cp>That’s $100 a day before expenses like gas and wear and tear on her car, while she went to school for radiology and took care of her newborn baby.\u003c/p>\n\u003cp>Did she get low ratings because she did something wrong? Were the customers just grumpy? Or did they react negatively to who she is? Salas is part Pacific Islander, part Native American.\u003c/p>\n\u003cp>\"It’s kind of a bummer,\" Salas said. \"I would have wished to know why so I could improve myself.\"\u003c/p>\n\u003cp>Frustrated, Salas reached out to Gig Workers Rising, an advocacy group for app workers. Lead organizer Lauren Casey said she has heard this same story again and again from workers of color.\u003c/p>\n\u003cp>Casey said, \"Their performance at work is held to a different standard and in turn they receive worse ratings.\"\u003c/p>\n\u003cp>A representative from Instacart said it has policies to deal with overt racism, but like other app companies, there’s no mechanism for detecting implicit bias, let alone addressing it.\u003c/p>\n\u003ch3>No Data, No Context\u003c/h3>\n\u003cp>Stanford University law professor Richard Ford said the app rating system has magnified the problem of implicit bias, making it easier for customers to hurt workers and harder for workers to prove it is happening.\u003c/p>\n\u003cp>\"You don’t have context, and you don’t have the interpersonal reactions that might give you some clue that the ratings were based on race,\" Ford said.\u003c/p>\n\u003cp>All you have is a number, and given our society’s increasing fetishization of data, Ford said a number without context can be very dangerous. \"The difference in today’s environment is that it looks more objective. You’re getting, you know, a numerical rating. How could you argue with the numbers?\"\u003c/p>\n\u003cp>Even if the ratings are high, it doesn’t mean they are fair. It's possible that a person of different a race, sex or origin had to work harder to get good ratings.\u003c/p>\n\u003cp>UC Hastings labor law professor Veena Dubal has interviewed more than 100 Lyft and Uber drivers. She said Black and brown drivers often talk about having to perform to make white customers happy.\u003c/p>\n\u003cp>\"There’s a lot of emotional labor and a lot of emotional performance that goes into ensuring that you’re not getting poor ratings, because otherwise you’re going to get fired. It’s almost that you have to play into the racial sensibilities of consumers,\" Dubal said.\u003c/p>\n\u003cp>Some restaurants pool tips so any negative impacts from implicit bias are shared by the whole staff. App companies could adjust tips and ratings for Black and brown drivers to compensate for bias, but that means first figuring out how much lower they are on average.\u003c/p>\n\u003cp>Thanks to Proposition 22, app companies face no legal pressure to gather the necessary demographic data. Without data, individual workers are left to interpret their own experience, isolated and unprotected.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"For almost a decade, companies like Uber have been allowing customers to rate workers without having to prove the system is fair for Black and brown workers.\r\n","status":"publish","parent":0,"modified":1634842052,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":36,"wordCount":1317},"headData":{"title":"Black and Brown Gig Workers Report Lower Ratings — But Companies Make Bias Hard to Track | KQED","description":"For almost a decade, companies like Uber have been allowing customers to rate workers without having to prove the system is fair for Black and brown workers.\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Black and Brown Gig Workers Report Lower Ratings — But Companies Make Bias Hard to Track","datePublished":"2021-07-22T21:05:19.000Z","dateModified":"2021-10-21T18:47:32.000Z","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":"11878952 https://ww2.kqed.org/news/?p=11878952","disqusUrl":"https://ww2.kqed.org/news/2021/07/22/black-and-brown-gig-workers-report-lower-ratings-but-companies-make-bias-hard-to-track/","disqusTitle":"Black and Brown Gig Workers Report Lower Ratings — But Companies Make Bias Hard to Track","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/4f224e8f-2363-4050-bfbb-ad630120ffcb/audio.mp3","path":"/news/11878952/black-and-brown-gig-workers-report-lower-ratings-but-companies-make-bias-hard-to-track","audioDuration":432000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>For almost a decade, on-demand services like Lyft, DoorDash and Instacart have allowed customers to rate and tip workers with just the tap of a finger. Even though it has been almost a decade, we still have no idea how much this allows customer bias to hurt Black and brown workers.\u003c/p>\n\u003cp>While rating workers on an app is new, it’s just the latest system companies have devised to allow customers to impact pay or promotions. If their ratings aren’t perfect, workers can lose income, or even their job, and there’s mounting evidence these systems allow bias to hurt workers of color.\u003c/p>\n\u003ch3>How Restaurants Paved the Way\u003c/h3>\n\u003cp>Long before apps entered the picture, tipping established a way for consumer bias to impact worker pay. Michael Lynn, a professor of consumer behavior at Cornell University, said he has long suspected bias influenced tips.\u003c/p>\n\u003cp>\"I believe that we have an implicit bias against people of color in this country, and I believe those implicit biases are likely to impact tipping,\" Lynn said. But over and over again, he’s come up against a major hurdle in proving it.\u003c/p>\n\u003cp>\"I’ve asked a lot of different companies to give me data,\" Lynn said. \"But there’s no interest on their part in finding out because it doesn’t benefit them. If there is racism, that puts them in a bind, and it’s worse when there is racism and they know about it.\"\u003c/p>\n\u003cp>That said, Lynn was able to get some data \u003ca href=\"https://www.wagehourlitigation.com/wp-content/uploads/sites/215/2015/10/cornell.pdf\">to run a small study on waiters\u003c/a> in 2008. He found that customers did indeed give workers of color lower tips.\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\u003ch3>Similar Findings in Other Industries\u003c/h3>\n\u003cp>Studies have consistently shown that\u003ca href=\"https://www.yalelawjournal.org/pdf/207_wd54xsc1.pdf\"> Black, brown and immigrant taxi drivers\u003c/a> get lower tips; and health care, management and sales professionals\u003ca href=\"https://journals.aom.org/doi/abs/10.5465/amj.2010.49388763\"> get more negative customer feedback\u003c/a>.\u003c/p>\n\u003cp>The trend is the same in online reviews: Black and brown professors \u003ca href=\"https://teaching.pitt.edu/wp-content/uploads/2018/12/OMET-Racial_bias_and_student_ratings_of_instructors.pdf\">get worse student evaluations\u003c/a>, while \u003ca href=\"https://news.northeastern.edu/2016/12/06/researchers-find-racial-gender-bias-in-online-freelance-marketplaces/\">freelancers on Fiverr and TaskRabbit get lower reviews\u003c/a>, which means fewer jobs and less money.\u003c/p>\n\u003cp>Customers may not even realize they’re treating Black and brown workers differently, giving them lower tips, leaving less positive feedback or rating them lower on an app. The cause of all this, according to researchers, is implicit or unconscious bias.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"gig-economy"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>To fully understand the extent of the problem, researchers would need to look at large data sets and see what different groups of workers were getting tipped and rated. Race is just one possible trait to evaluate for bias. The same problem could exist for gender, age, ability or any category that is regularly discriminated against.\u003c/p>\n\u003cp>But while many companies are resistant to collect or share data along these lines, on-demand service apps like DoorDash and Uber don’t even have to gather worker demographic data.\u003c/p>\n\u003cp>That's because of the way they classify their workers. App companies call workers contractors instead of employees. The contractor status also protects these on-demand app service companies from liability if is found that customers are discriminating against any of the workers.\u003c/p>\n\u003cp>The news that the app rating system is problematic is far from new. Labor advocates have been warning about it since the apps started. In 2016, there was an entire study done by Data & Society titled \"\u003ca href=\"https://datasociety.net/pubs/ia/Discriminating_Tastes_Customer_Ratings_as_Vehicles_for_Bias.pdf\">Discriminating Tastes: Customer Ratings as Vehicles for Bias\u003c/a>,\" which was co-authored by Alex Rosenblat, who now works for Uber as the Head of Marketplace Policy, Fairness and Research.\u003c/p>\n\u003ch3>What the Companies Say\u003c/h3>\n\u003cp>KQED reached out to several major app companies: DoorDash, Lyft, Uber and TaskRabbit. Only Lyft and DoorDash responded.\u003c/p>\n\u003cp>DoorDash PR representatives talked about protocols for kicking overtly racist customers off the app, but didn’t mention anything about a system for detecting or addressing implicit bias.\u003c/p>\n\u003cp>A representative from Lyft said the company had commissioned a study to understand the extent of the problem. The PR representative said the company found no evidence of implicit bias in ratings, but it's not possible to confirm the veracity of this assessment, as the company has not made the results or methodology of the study public.\u003c/p>\n\u003cp>Also Lyft, like many other app companies, does not gather demographic information on workers. Without that data, researchers say it's impossible to know with certainty how much a rating and/or tip system allows for implicit bias to hurt workers. The companies are in the dark, and so are the workers.\u003c/p>\n\u003cp>Ashley Salas would love to know what led to non-perfect ratings she got delivering for Instacart in San Francisco. After those, she said, everything changed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It got really, really hard. I went from making $200 a day to struggling to make $100.'","name":"pullquote","attributes":{"named":{"sze":"medium","align":"right","citation":"Ashley Salas, Instacart shopper","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"It got really, really hard. I went from making $200 a day to struggling to make $100,\" Salas said.\u003c/p>\n\u003cp>That’s $100 a day before expenses like gas and wear and tear on her car, while she went to school for radiology and took care of her newborn baby.\u003c/p>\n\u003cp>Did she get low ratings because she did something wrong? Were the customers just grumpy? Or did they react negatively to who she is? Salas is part Pacific Islander, part Native American.\u003c/p>\n\u003cp>\"It’s kind of a bummer,\" Salas said. \"I would have wished to know why so I could improve myself.\"\u003c/p>\n\u003cp>Frustrated, Salas reached out to Gig Workers Rising, an advocacy group for app workers. Lead organizer Lauren Casey said she has heard this same story again and again from workers of color.\u003c/p>\n\u003cp>Casey said, \"Their performance at work is held to a different standard and in turn they receive worse ratings.\"\u003c/p>\n\u003cp>A representative from Instacart said it has policies to deal with overt racism, but like other app companies, there’s no mechanism for detecting implicit bias, let alone addressing it.\u003c/p>\n\u003ch3>No Data, No Context\u003c/h3>\n\u003cp>Stanford University law professor Richard Ford said the app rating system has magnified the problem of implicit bias, making it easier for customers to hurt workers and harder for workers to prove it is happening.\u003c/p>\n\u003cp>\"You don’t have context, and you don’t have the interpersonal reactions that might give you some clue that the ratings were based on race,\" Ford said.\u003c/p>\n\u003cp>All you have is a number, and given our society’s increasing fetishization of data, Ford said a number without context can be very dangerous. \"The difference in today’s environment is that it looks more objective. You’re getting, you know, a numerical rating. How could you argue with the numbers?\"\u003c/p>\n\u003cp>Even if the ratings are high, it doesn’t mean they are fair. It's possible that a person of different a race, sex or origin had to work harder to get good ratings.\u003c/p>\n\u003cp>UC Hastings labor law professor Veena Dubal has interviewed more than 100 Lyft and Uber drivers. She said Black and brown drivers often talk about having to perform to make white customers happy.\u003c/p>\n\u003cp>\"There’s a lot of emotional labor and a lot of emotional performance that goes into ensuring that you’re not getting poor ratings, because otherwise you’re going to get fired. It’s almost that you have to play into the racial sensibilities of consumers,\" Dubal said.\u003c/p>\n\u003cp>Some restaurants pool tips so any negative impacts from implicit bias are shared by the whole staff. App companies could adjust tips and ratings for Black and brown drivers to compensate for bias, but that means first figuring out how much lower they are on average.\u003c/p>\n\u003cp>Thanks to Proposition 22, app companies face no legal pressure to gather the necessary demographic data. Without data, individual workers are left to interpret their own experience, isolated and unprotected.\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/11878952/black-and-brown-gig-workers-report-lower-ratings-but-companies-make-bias-hard-to-track","authors":["253"],"categories":["news_1758","news_8","news_248"],"tags":["news_26532","news_17994","news_26746","news_20109","news_25039","news_4524","news_28581","news_28695","news_22800","news_353","news_4523"],"featImg":"news_11882169","label":"news"},"news_11873927":{"type":"posts","id":"news_11873927","meta":{"index":"posts_1591205157","site":"news","id":"11873927","score":null,"sort":[1621380607000]},"guestAuthors":[],"slug":"they-work-for-an-app-they-deliver-groceries-and-now-they-have-a-union","title":"They Work on an App. They Deliver Groceries. And Now They Have a Union","publishDate":1621380607,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>When Oakland resident Chris Jasinski joined \u003ca href=\"https://www.imperfectfoods.com/\">Imperfect Foods\u003c/a>, he was happy to be at a place where he’d be an employee, not a contractor like grocery delivery workers for Instacart or Amazon-owned Whole Foods.\u003c/p>\n\u003cp>“That’s one of the good differentiators right out of the gate for Imperfect Foods versus other companies,” he says.\u003c/p>\n\u003cp>Jasinski has been at the company for just about a year. Several months in, he started talking to other workers about organizing. He was not the only grocery delivery worker who thought joining a union would be a good idea.\u003c/p>\n\u003cp>Since the coronavirus pandemic began, workers across the grocery delivery business at places \u003ca href=\"https://www.kqed.org/news/11809184/instacart-workers-set-to-strike-on-monday-demanding-hazard-pay-and-protections\">like Instacart\u003c/a>, Safeway, Whole Foods and Trader Joe's have been trying to unionize to get more protections and benefits.\u003c/p>\n\u003cp>Last month, delivery workers at Imperfect Foods \u003ca href=\"https://www.bloomberg.com/news/articles/2021-04-16/drivers-at-grocery-startup-imperfect-foods-vote-to-unionize\">succeeded\u003c/a>. The vote was tight: 28 workers in favor, 23 against. The company is now \u003ca href=\"https://www.bloomberg.com/news/articles/2021-04-16/drivers-at-grocery-startup-imperfect-foods-vote-to-unionize\">set to join\u003c/a> the United Food and Commercial Workers International Union.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Jesus Gomez, Imperfect Foods delivery worker\"]'“We didn’t get not even a dollar more ... We see them growing but we don’t grow with them.'[/pullquote]\u003c/p>\n\u003cp>Imperfect Foods has always pitched itself as a company trying to make the world a better place. It began by letting customers purchase produce that was not quite perfect and would otherwise end up donated to food banks or even in the trash.\u003c/p>\n\u003cp>This not only enticed customers, but also employees like Jasinski, the delivery worker from Oakland. “One of the big draws of coming to work for this company in the first place was its explicitly green mission,\" he says.\u003c/p>\n\u003cp>During the pandemic, business has boomed for Imperfect Foods.\u003c/p>\n\u003cp>The company just raised \u003ca href=\"https://www.prnewswire.com/news-releases/imperfect-foods-secures-95mm-series-d-investment-commitment-301212899.html#:~:text=21%2C%202021%20%2FPRNewswire%2F%20%2D%2D,ago%2C%20and%20Norwest%20Venture%20Partners\">$95 million in venture capital\u003c/a>, bringing its total investment up to $229 million. But as the company has grown, so have tensions with its workers.\u003c/p>\n\u003cp>Jesus Gomez is a delivery driver in Sacramento, and he was bothered by how the company handled the surge in business. “They were unorganized, that’s what bugged me the most,” he says.\u003c/p>\n\u003cp>Like Jasinski, Gomez voted to unionize.\u003c/p>\n\u003cp>He says one of the issues was the way the company started pushing drivers to work on Saturdays. The company technically does not require drivers to come in on those days, but the drivers KQED spoke to said it was made clear to them they were expected to work.\u003c/p>\n\u003cp>Gomez also points out there was increasingly less predictability about their routes and longer distances to travel to work.\u003c/p>\n\u003cp>Based in Sacramento, he says, “You would sometimes have to go to East Bay and SF to work, or Merced, or Reno. They sent you over there and you’d get 100, 100-plus boxes. We were getting out late and we had to be ready to be the next day.”\u003c/p>\n\u003cp>There were other issues, too. According to Gomez, delivery workers haven't received any raises or extra hazard pay.\u003c/p>\n\u003cp>“We didn’t get not even a dollar more,” he says, “so that was what was getting me mad or a lot of people. We see them growing but we don’t grow with them.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003ch3>Unionizing where others cannot\u003c/h3>\n\u003cp>After the votes were counted on April 14, Imperfect Foods announced it would challenge the results with the National Labor Relations Board (NLRB), a common anti-union delay tactic. But the NLRB threw out the challenge and certified the union.\u003c/p>\n\u003cp>The company declined to comment for this story. But in\u003ca href=\"https://blog.imperfectfoods.com/blog-1/2021/4/21/our-commitment-to-standing-by-our-drivers\"> a blog post published in the week after challenging the election\u003c/a>, CEO Philip Behn wrote: “We can and will do better at collaborating directly with our employees and resolving our issues.”\u003c/p>\n\u003cp>Having unionized delivery workers makes Imperfect Foods an outlier among venture-capital-backed grocery delivery companies. But their effort can’t be a model for all on-demand grocery delivery workers, not since Proposition 22 became law in California just last year.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Ruth Milkman, Labor sociologist at the City University of New York\"]'Under current law, gig workers ... don’t have legally the right to collective bargaining.'[/pullquote]Prop. 22 makes it legal for app-based gig companies to classify their workers as contractors, not employees. And that means no NLRB protections.\u003c/p>\n\u003cp>“Under current law, gig workers, if they are independent contractors or even if they’re misclassified as independent contractors, they’re not covered by the National Labor Relations Act at all, so they actually don’t have legally the right to collective bargaining,” says Ruth Milkman, a labor sociologist at the City University of New York.\u003c/p>\n\u003cp>The way \u003ca href=\"https://news.google.com/articles/CAIiEOlbqxSNAYnf8tVL33lDQAQqGAgEKg8IACoHCAowtbypAjDOrCsw-8SeBg?hl=en-US&gl=US&ceid=US%3Aen\" target=\"_blank\" rel=\"noopener noreferrer\">Prop. 22 was written\u003c/a>, political analysts say it’s nearly impossible to overturn. But change could come at the federal level, with the \u003ca href=\"https://www.teenvogue.com/story/what-is-the-pro-act\" target=\"_blank\" rel=\"noopener noreferrer\">PRO Act\u003c/a>.\u003c/p>\n\u003cp>The PRO Act is federal legislation that would curb some of the anti-union tactics that have become routine in the U.S. It would make it more difficult for companies to delay union elections, drag out the contract negotiating process and push anti-union messages on workers.\u003c/p>\n\u003cp>Most critically for app\u003cstrong>-\u003c/strong>based workers, it would allow contractors to unionize.\u003c/p>\n\u003cp>UC Santa Barbara labor history professor Nelson Lichtenstein says the PRO Act would “totally wipe out Prop. 22.”\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='gig-economy']But with their razor-thin margin in the U.S. Senate, Democrats would need every single senator to support the legislation to get it passed, but not every legislator is on board.\u003c/p>\n\u003cp>Even if the PRO Act doesn’t pass, Lichtenstein says, the union vote at Imperfect Foods could be helpful for app workers in California who want to organize because it provides a model of grocery delivery workers at a Bay Area startup who actually have a union.\u003c/p>\n\u003cp>“If a group of workers are doing the same work who are defined as employees, unionize, that will have a large impact on both the impulse for the other workers to unionize and also in a legal and political realm as well,” he says.\u003c/p>\n\u003cp>Lichtenstein expects some legal battle to start brewing in the future.\u003c/p>\n\u003cp>U.S. Labor Secretary Marty Walsh has already \u003ca href=\"https://www.vox.com/recode/2021/4/29/22409952/labor-secretary-gig-workers-uber-lyft-employees-contractors\" target=\"_blank\" rel=\"noopener noreferrer\">openly rebuked\u003c/a> Prop. 22. With Imperfect Foods, the U.S. Department of Labor may have a counterexample to the app work: a group of workers at a venture-backed grocery delivery company who are not only employees, but now who also have a union.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Delivery workers at Imperfect Foods have unionized but Proposition 22 makes it harder for workers at other app-based companies to unionize.","status":"publish","parent":0,"modified":1621542279,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1107},"headData":{"title":"They Work on an App. They Deliver Groceries. And Now They Have a Union | KQED","description":"Delivery workers at Imperfect Foods have unionized but Proposition 22 makes it harder for workers at other app-based companies to unionize.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"They Work on an App. They Deliver Groceries. And Now They Have a Union","datePublished":"2021-05-18T23:30:07.000Z","dateModified":"2021-05-20T20:24:39.000Z","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":"11873927 https://ww2.kqed.org/news/?p=11873927","disqusUrl":"https://ww2.kqed.org/news/2021/05/18/they-work-for-an-app-they-deliver-groceries-and-now-they-have-a-union/","disqusTitle":"They Work on an App. They Deliver Groceries. And Now They Have a Union","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/eb8f198d-b7fb-4499-8f05-ad2c010e9e47/audio.mp3","path":"/news/11873927/they-work-for-an-app-they-deliver-groceries-and-now-they-have-a-union","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Oakland resident Chris Jasinski joined \u003ca href=\"https://www.imperfectfoods.com/\">Imperfect Foods\u003c/a>, he was happy to be at a place where he’d be an employee, not a contractor like grocery delivery workers for Instacart or Amazon-owned Whole Foods.\u003c/p>\n\u003cp>“That’s one of the good differentiators right out of the gate for Imperfect Foods versus other companies,” he says.\u003c/p>\n\u003cp>Jasinski has been at the company for just about a year. Several months in, he started talking to other workers about organizing. He was not the only grocery delivery worker who thought joining a union would be a good idea.\u003c/p>\n\u003cp>Since the coronavirus pandemic began, workers across the grocery delivery business at places \u003ca href=\"https://www.kqed.org/news/11809184/instacart-workers-set-to-strike-on-monday-demanding-hazard-pay-and-protections\">like Instacart\u003c/a>, Safeway, Whole Foods and Trader Joe's have been trying to unionize to get more protections and benefits.\u003c/p>\n\u003cp>Last month, delivery workers at Imperfect Foods \u003ca href=\"https://www.bloomberg.com/news/articles/2021-04-16/drivers-at-grocery-startup-imperfect-foods-vote-to-unionize\">succeeded\u003c/a>. The vote was tight: 28 workers in favor, 23 against. The company is now \u003ca href=\"https://www.bloomberg.com/news/articles/2021-04-16/drivers-at-grocery-startup-imperfect-foods-vote-to-unionize\">set to join\u003c/a> the United Food and Commercial Workers International Union.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'“We didn’t get not even a dollar more ... We see them growing but we don’t grow with them.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Jesus Gomez, Imperfect Foods delivery worker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Imperfect Foods has always pitched itself as a company trying to make the world a better place. It began by letting customers purchase produce that was not quite perfect and would otherwise end up donated to food banks or even in the trash.\u003c/p>\n\u003cp>This not only enticed customers, but also employees like Jasinski, the delivery worker from Oakland. “One of the big draws of coming to work for this company in the first place was its explicitly green mission,\" he says.\u003c/p>\n\u003cp>During the pandemic, business has boomed for Imperfect Foods.\u003c/p>\n\u003cp>The company just raised \u003ca href=\"https://www.prnewswire.com/news-releases/imperfect-foods-secures-95mm-series-d-investment-commitment-301212899.html#:~:text=21%2C%202021%20%2FPRNewswire%2F%20%2D%2D,ago%2C%20and%20Norwest%20Venture%20Partners\">$95 million in venture capital\u003c/a>, bringing its total investment up to $229 million. But as the company has grown, so have tensions with its workers.\u003c/p>\n\u003cp>Jesus Gomez is a delivery driver in Sacramento, and he was bothered by how the company handled the surge in business. “They were unorganized, that’s what bugged me the most,” he says.\u003c/p>\n\u003cp>Like Jasinski, Gomez voted to unionize.\u003c/p>\n\u003cp>He says one of the issues was the way the company started pushing drivers to work on Saturdays. The company technically does not require drivers to come in on those days, but the drivers KQED spoke to said it was made clear to them they were expected to work.\u003c/p>\n\u003cp>Gomez also points out there was increasingly less predictability about their routes and longer distances to travel to work.\u003c/p>\n\u003cp>Based in Sacramento, he says, “You would sometimes have to go to East Bay and SF to work, or Merced, or Reno. They sent you over there and you’d get 100, 100-plus boxes. We were getting out late and we had to be ready to be the next day.”\u003c/p>\n\u003cp>There were other issues, too. According to Gomez, delivery workers haven't received any raises or extra hazard pay.\u003c/p>\n\u003cp>“We didn’t get not even a dollar more,” he says, “so that was what was getting me mad or a lot of people. We see them growing but we don’t grow with them.”\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\u003ch3>Unionizing where others cannot\u003c/h3>\n\u003cp>After the votes were counted on April 14, Imperfect Foods announced it would challenge the results with the National Labor Relations Board (NLRB), a common anti-union delay tactic. But the NLRB threw out the challenge and certified the union.\u003c/p>\n\u003cp>The company declined to comment for this story. But in\u003ca href=\"https://blog.imperfectfoods.com/blog-1/2021/4/21/our-commitment-to-standing-by-our-drivers\"> a blog post published in the week after challenging the election\u003c/a>, CEO Philip Behn wrote: “We can and will do better at collaborating directly with our employees and resolving our issues.”\u003c/p>\n\u003cp>Having unionized delivery workers makes Imperfect Foods an outlier among venture-capital-backed grocery delivery companies. But their effort can’t be a model for all on-demand grocery delivery workers, not since Proposition 22 became law in California just last year.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Under current law, gig workers ... don’t have legally the right to collective bargaining.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Ruth Milkman, Labor sociologist at the City University of New York","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Prop. 22 makes it legal for app-based gig companies to classify their workers as contractors, not employees. And that means no NLRB protections.\u003c/p>\n\u003cp>“Under current law, gig workers, if they are independent contractors or even if they’re misclassified as independent contractors, they’re not covered by the National Labor Relations Act at all, so they actually don’t have legally the right to collective bargaining,” says Ruth Milkman, a labor sociologist at the City University of New York.\u003c/p>\n\u003cp>The way \u003ca href=\"https://news.google.com/articles/CAIiEOlbqxSNAYnf8tVL33lDQAQqGAgEKg8IACoHCAowtbypAjDOrCsw-8SeBg?hl=en-US&gl=US&ceid=US%3Aen\" target=\"_blank\" rel=\"noopener noreferrer\">Prop. 22 was written\u003c/a>, political analysts say it’s nearly impossible to overturn. But change could come at the federal level, with the \u003ca href=\"https://www.teenvogue.com/story/what-is-the-pro-act\" target=\"_blank\" rel=\"noopener noreferrer\">PRO Act\u003c/a>.\u003c/p>\n\u003cp>The PRO Act is federal legislation that would curb some of the anti-union tactics that have become routine in the U.S. It would make it more difficult for companies to delay union elections, drag out the contract negotiating process and push anti-union messages on workers.\u003c/p>\n\u003cp>Most critically for app\u003cstrong>-\u003c/strong>based workers, it would allow contractors to unionize.\u003c/p>\n\u003cp>UC Santa Barbara labor history professor Nelson Lichtenstein says the PRO Act would “totally wipe out Prop. 22.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"gig-economy"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But with their razor-thin margin in the U.S. Senate, Democrats would need every single senator to support the legislation to get it passed, but not every legislator is on board.\u003c/p>\n\u003cp>Even if the PRO Act doesn’t pass, Lichtenstein says, the union vote at Imperfect Foods could be helpful for app workers in California who want to organize because it provides a model of grocery delivery workers at a Bay Area startup who actually have a union.\u003c/p>\n\u003cp>“If a group of workers are doing the same work who are defined as employees, unionize, that will have a large impact on both the impulse for the other workers to unionize and also in a legal and political realm as well,” he says.\u003c/p>\n\u003cp>Lichtenstein expects some legal battle to start brewing in the future.\u003c/p>\n\u003cp>U.S. Labor Secretary Marty Walsh has already \u003ca href=\"https://www.vox.com/recode/2021/4/29/22409952/labor-secretary-gig-workers-uber-lyft-employees-contractors\" target=\"_blank\" rel=\"noopener noreferrer\">openly rebuked\u003c/a> Prop. 22. With Imperfect Foods, the U.S. Department of Labor may have a counterexample to the app work: a group of workers at a venture-backed grocery delivery company who are not only employees, but now who also have a union.\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/11873927/they-work-for-an-app-they-deliver-groceries-and-now-they-have-a-union","authors":["253"],"categories":["news_1758","news_8","news_13","news_248"],"tags":["news_1611","news_27698","news_17994","news_29479","news_25039","news_29477","news_28695","news_22800","news_353","news_811"],"featImg":"news_11874201","label":"news"},"news_11868743":{"type":"posts","id":"news_11868743","meta":{"index":"posts_1591205157","site":"news","id":"11868743","score":null,"sort":[1617998612000]},"guestAuthors":[],"slug":"how-prop-22-blocks-cities-counties-from-giving-hazard-pay-to-gig-workers","title":"How Proposition 22 Blocks Cities and Counties From Giving Hazard Pay to Gig Workers","publishDate":1617998612,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>For the first time since the pandemic started, Jacqueline Lopez and her family have money in their savings account. She and her husband both work in grocery stores around Los Angeles and they’re each getting an extra $5 per hour hazard pay.\u003c/p>\n\u003cp>“It feels good,” Lopez said. “I can pay rent on time.”\u003c/p>\n\u003cp>They’ve saved $2,000, enough to cover one month of expenses for her family. She has an 11-year-old, a 5-year-old and a 1-year-old. She said all of them, including her husband, got COVID-19 right around New Year's.\u003c/p>\n\u003cp>The pandemic had already disrupted their work. In the fall, her husband abruptly lost his security guard job. Her hours were cut at a convenience store. So they started working in grocery stores, despite the danger of the pandemic.\u003c/p>\n\u003cp>“I knew I was taking a big risk when it came to that, but we gotta work. We gotta eat,” she said. “We gotta pay rent.” [aside label=\"related coverage\" tag=\"gig\"]\u003c/p>\n\u003cp>Thousands of grocery store workers in California are getting extra pandemic compensation because local governments passed hazard pay laws. More than 20 cities and counties, like Oakland, Daly City and Los Angeles County either have the laws on the books or are considering them.\u003c/p>\n\u003cp>It took almost a year after the pandemic began for lawmakers to get workers this extra pay, and in most cases it will only last a few months. It also does not apply to all workers in grocery stores. Workers for Instacart, Amazon Prime’s shopping service in Whole Foods and other gig-based apps aren’t eligible for the pay.\u003c/p>\n\u003cp>Even if lawmakers wanted to extend these benefits to gig workers, they would face an insurmountable legal hurdle \u003ca href=\"https://www.kqed.org/news/11843123/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure#written\">because of Proposition 22\u003c/a>. The voter-approved measure effectively stipulates that local governments cannot pass laws that specifically increase the pay or benefits for app-based gig workers.\u003c/p>\n\u003cp>Oakland City Councilmember Noel Gallo said he wishes he could have extended the hazard pay ordinance he cosponsored to include gig workers.\u003c/p>\n\u003cp>“Many of our front-line workers are out driving you to work, driving you to the grocery store, driving grandma and grandpa, and they also need to stay healthy and survive this crisis we are in,\" Gallo said. [ad fullwidth]\u003c/p>\n\u003cp>The grocery industry is increasingly relying on gig workers contracted through apps and denied employee benefits. Instacart said it hired 300,000 workers at the beginning of the pandemic. Amazon changed the layouts of Whole Foods to accommodate all the contract shoppers. Chains like Albertsons are replacing \u003ca href=\"https://www.kqed.org/news/11855931/albertsons-replaces-drivers-with-doordash\">delivery employees with DoorDash contractors\u003c/a>.\u003c/p>\n\u003cp>While these workers experience the same increased exposure to COVID-19 as others in the grocery store, they aren’t getting the pay increase.\u003c/p>\n\u003cp>Geoff Vetter, a spokesperson for the Protect App-Based Drivers and Services coalition, said California cities and counties would have to raise the minimum wage for everyone if they want to increase pay for app-based workers.\u003c/p>\n\u003cp>That has significantly limited the options for local governments to regulate the gig economy.\u003c/p>\n\u003cp>“What is so extreme about what Prop. 22 did is that it pretty much wrote us all out of the equation entirely,\" said San Francisco Supervisor Matt Haney, who sponsored an ordinance to make gig companies provide personal protective equipment and pay workers for the time to sanitize their cars during the pandemic. [pullquote align=\"right\" size=\"medium\" citation= \"San Francisco Supervisor Matt Haney\"]'What’s the case here is that some regulations that were written into law by the companies and passed by the voters have made it impossible for anyone to provide more extensive and stronger regulations.'[/pullquote]\u003c/p>\n\u003cp>Haney added that Proposition 22 has given gig companies legal grounds to sue and block an ordinance like this if they decide they don’t want to comply with it.\u003c/p>\n\u003cp>“Sometimes, as a local government, we are preempted by the states or feds, but usually when that’s the case, another regulatory body or the state Legislature is taking up the responsibility,\" Haney said. \"What’s the case here is that some regulations that were written into law by the companies and passed by the voters have made it impossible for anyone to provide more extensive and stronger regulations.”\u003c/p>\n\u003cp>Rey Fuentes, a legal fellow at the Partnership for Working Families, said California cities and counties have a history of pioneering progressive pro-worker legislation, like \u003ca href=\"https://www.kqed.org/news/11821282/san-francisco-to-replace-wages-for-low-income-undocumented-workers-with-covid-19\" target=\"_blank\" rel=\"noopener noreferrer\">San Francisco’s paid sick leave program\u003c/a>, which he said was the first of its kind in the nation.\u003c/p>\n\u003cp>Fuentes said it's important for municipalities to test new policies out so that there are models for state and federal laws. “This allows for the experimentation that I think is so vital to our democracy and to developing good policy,” he said.\u003c/p>\n\u003cp>While grocery stores are pushing back on the hazard pay by temporarily closing locations and threatening legal action, gig companies don’t have to. Proposition 22 stops local governments from even trying to get higher wages or better benefits for gig workers, halting local experimentation with policy that could help the state’s growing number of app-based gig workers who are denied employee benefits and protections.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Local governments can't pass any measures that increases pay or benefits specifically for app-based gig workers.","status":"publish","parent":0,"modified":1618003102,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":891},"headData":{"title":"How Proposition 22 Blocks Cities and Counties From Giving Hazard Pay to Gig Workers | KQED","description":"Local governments can't pass any measures that increases pay or benefits specifically for app-based gig workers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"How Proposition 22 Blocks Cities and Counties From Giving Hazard Pay to Gig Workers","datePublished":"2021-04-09T20:03:32.000Z","dateModified":"2021-04-09T21:18:22.000Z","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":"11868743 https://ww2.kqed.org/news/?p=11868743","disqusUrl":"https://ww2.kqed.org/news/2021/04/09/how-prop-22-blocks-cities-counties-from-giving-hazard-pay-to-gig-workers/","disqusTitle":"How Proposition 22 Blocks Cities and Counties From Giving Hazard Pay to Gig Workers","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/e3184de4-b643-4d6a-a194-ad0501285334/audio.mp3","path":"/news/11868743/how-prop-22-blocks-cities-counties-from-giving-hazard-pay-to-gig-workers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>For the first time since the pandemic started, Jacqueline Lopez and her family have money in their savings account. She and her husband both work in grocery stores around Los Angeles and they’re each getting an extra $5 per hour hazard pay.\u003c/p>\n\u003cp>“It feels good,” Lopez said. “I can pay rent on time.”\u003c/p>\n\u003cp>They’ve saved $2,000, enough to cover one month of expenses for her family. She has an 11-year-old, a 5-year-old and a 1-year-old. She said all of them, including her husband, got COVID-19 right around New Year's.\u003c/p>\n\u003cp>The pandemic had already disrupted their work. In the fall, her husband abruptly lost his security guard job. Her hours were cut at a convenience store. So they started working in grocery stores, despite the danger of the pandemic.\u003c/p>\n\u003cp>“I knew I was taking a big risk when it came to that, but we gotta work. We gotta eat,” she said. “We gotta pay rent.” \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"gig"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Thousands of grocery store workers in California are getting extra pandemic compensation because local governments passed hazard pay laws. More than 20 cities and counties, like Oakland, Daly City and Los Angeles County either have the laws on the books or are considering them.\u003c/p>\n\u003cp>It took almost a year after the pandemic began for lawmakers to get workers this extra pay, and in most cases it will only last a few months. It also does not apply to all workers in grocery stores. Workers for Instacart, Amazon Prime’s shopping service in Whole Foods and other gig-based apps aren’t eligible for the pay.\u003c/p>\n\u003cp>Even if lawmakers wanted to extend these benefits to gig workers, they would face an insurmountable legal hurdle \u003ca href=\"https://www.kqed.org/news/11843123/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure#written\">because of Proposition 22\u003c/a>. The voter-approved measure effectively stipulates that local governments cannot pass laws that specifically increase the pay or benefits for app-based gig workers.\u003c/p>\n\u003cp>Oakland City Councilmember Noel Gallo said he wishes he could have extended the hazard pay ordinance he cosponsored to include gig workers.\u003c/p>\n\u003cp>“Many of our front-line workers are out driving you to work, driving you to the grocery store, driving grandma and grandpa, and they also need to stay healthy and survive this crisis we are in,\" Gallo said. \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 grocery industry is increasingly relying on gig workers contracted through apps and denied employee benefits. Instacart said it hired 300,000 workers at the beginning of the pandemic. Amazon changed the layouts of Whole Foods to accommodate all the contract shoppers. Chains like Albertsons are replacing \u003ca href=\"https://www.kqed.org/news/11855931/albertsons-replaces-drivers-with-doordash\">delivery employees with DoorDash contractors\u003c/a>.\u003c/p>\n\u003cp>While these workers experience the same increased exposure to COVID-19 as others in the grocery store, they aren’t getting the pay increase.\u003c/p>\n\u003cp>Geoff Vetter, a spokesperson for the Protect App-Based Drivers and Services coalition, said California cities and counties would have to raise the minimum wage for everyone if they want to increase pay for app-based workers.\u003c/p>\n\u003cp>That has significantly limited the options for local governments to regulate the gig economy.\u003c/p>\n\u003cp>“What is so extreme about what Prop. 22 did is that it pretty much wrote us all out of the equation entirely,\" said San Francisco Supervisor Matt Haney, who sponsored an ordinance to make gig companies provide personal protective equipment and pay workers for the time to sanitize their cars during the pandemic. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'What’s the case here is that some regulations that were written into law by the companies and passed by the voters have made it impossible for anyone to provide more extensive and stronger regulations.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"San Francisco Supervisor Matt Haney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Haney added that Proposition 22 has given gig companies legal grounds to sue and block an ordinance like this if they decide they don’t want to comply with it.\u003c/p>\n\u003cp>“Sometimes, as a local government, we are preempted by the states or feds, but usually when that’s the case, another regulatory body or the state Legislature is taking up the responsibility,\" Haney said. \"What’s the case here is that some regulations that were written into law by the companies and passed by the voters have made it impossible for anyone to provide more extensive and stronger regulations.”\u003c/p>\n\u003cp>Rey Fuentes, a legal fellow at the Partnership for Working Families, said California cities and counties have a history of pioneering progressive pro-worker legislation, like \u003ca href=\"https://www.kqed.org/news/11821282/san-francisco-to-replace-wages-for-low-income-undocumented-workers-with-covid-19\" target=\"_blank\" rel=\"noopener noreferrer\">San Francisco’s paid sick leave program\u003c/a>, which he said was the first of its kind in the nation.\u003c/p>\n\u003cp>Fuentes said it's important for municipalities to test new policies out so that there are models for state and federal laws. “This allows for the experimentation that I think is so vital to our democracy and to developing good policy,” he said.\u003c/p>\n\u003cp>While grocery stores are pushing back on the hazard pay by temporarily closing locations and threatening legal action, gig companies don’t have to. Proposition 22 stops local governments from even trying to get higher wages or better benefits for gig workers, halting local experimentation with policy that could help the state’s growing number of app-based gig workers who are denied employee benefits and protections.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11868743/how-prop-22-blocks-cities-counties-from-giving-hazard-pay-to-gig-workers","authors":["253"],"categories":["news_1758","news_8"],"tags":["news_29332","news_27698","news_17994","news_25039","news_28695","news_22800","news_353","news_811"],"featImg":"news_11868817","label":"news"},"news_11862641":{"type":"posts","id":"news_11862641","meta":{"index":"posts_1591205157","site":"news","id":"11862641","score":null,"sort":[1616072424000]},"guestAuthors":[],"slug":"how-franchising-paved-the-way-for-the-gig-economy","title":"How Franchising Paved the Way for the Gig Economy","publishDate":1616072424,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>If you walk into a 7-Eleven in California and it’s too hot or cold, don’t blame the franchisee who runs the place. The thermostat is controlled remotely from the company's corporate headquarters in Dallas — as are the store’s hours, prices and the specific kinds of pizza, wings and tacos they can sell.\u003c/p>\n\u003cp>A group of four franchisees in California are involved in an ongoing suit against 7-Eleven over the extent of the company's control, arguing that it's treating them like employees, but classifying them as independent contractors. If they get so little say on how to run their businesses, the franchisees argue, they should at least receive basic employee protections, like overtime pay and workers' compensation.[pullquote align=\"right\" size=\"medium\" citation=\"Serge Haitayan, 7-Eleven franchise owner\"]'I feel like nothing but an unglorified store manager without benefits.'[/pullquote]Much of the lawsuit rests on \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB5\">Assembly Bill 5\u003c/a>, the California law intended to make it harder for gig companies like Uber, Lyft and DoorDash to have sway over their workers without providing employee benefits. And while that 2018 law was drafted in response to today’s gig work environment, it was the franchising industry that originally normalized the labor relations on which the “gig economy” is built.\u003c/p>\n\u003cp>In the franchise model, a business owner buys the right to run a store under the franchisor's brand. As part of the deal, the franchisee must follow a set of rules laid out by the parent company.\u003c/p>\n\u003cp>Starting in the 1970s, franchising set a legal precedent for gig companies by helping change the enforcement of U.S. antitrust law, and weakening the labor protections that prevent corporations from misclassifying workers as independent contractors.\u003c/p>\n\u003cp>The link between franchising and gig work was evident in the lead-up to the election in November. When it looked like Proposition 22 — an ultimately successful bid by gig companies to circumvent California's new labor law — could fail, forcing companies to pay for basic employee protections, executives reportedly started \u003ca href=\"https://www.nytimes.com/2020/08/18/technology/uber-lyft-franchise-california.html\">looking into franchising models\u003c/a> as a backup plan.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But gig companies were already capitalizing on the business framework that decades of franchising has normalized — an ongoing tension reflected in the 7-Eleven lawsuit.\u003c/p>\n\u003ch3>\u003cstrong>Family Business\u003c/strong>\u003c/h3>\n\u003cp>There’s an old 7-Eleven on the outskirts of Fresno with a hot dog sign on the window. It says, “Anyone who is hungry and can't pay for a hot dog can have one for free!” Next to the sign is an illustration of a jolly Lebanese Santa Claus with a big beard, the name “Serge” written across his chest.\u003c/p>\n\u003cfigure id=\"attachment_11862646\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11862646 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1920\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-1832x1374.jpg 1832w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-1376x1032.jpg 1376w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-1044x783.jpg 1044w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-632x474.jpg 632w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-536x402.jpg 536w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">The sign on the outside of Serge Haitayan's 7-Eleven store in Fresno. \u003ccite>(KQED/Sam Harnett)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That's Serge Haitayan, a man in his 60s who has run the franchise for 30 years.\u003c/p>\n\u003cp>“Santa’s beard used to be black” he says. “Now, it’s more grayish.”\u003c/p>\n\u003cp>A refugee from Lebanon, Haitayan came to Los Angeles in the 1980s, and then moved to Fresno — a place he thought would be good to raise a family — where he began running the 7-Eleven store and eventually became a franchise owner.\u003c/p>\n\u003cp>“My kids were raised in the store,” he says. “I used to go pick them up every day after school, and they would stay in this office, and they would do their homework and they would spend the afternoon in the store. I used to have them open the doors for customers and say, ‘Hello. Good afternoon, good evening, welcome to the store.’ ”\u003c/p>\n\u003cp>But Haitayan says ever since the 7-Eleven company was bought by a major Japanese retail firm 16 years ago, the store has felt increasingly less like his own. He says he can’t even control the store temperature himself. He points to the place on the wall where his old thermostat used to be, and describes how a few years ago, a crew from the company came, ripped it out and replaced it with one that is controlled remotely from U.S. corporate headquarters in Dallas.\u003c/p>\n\u003cp>“In what world is that OK for you to live in Dallas and control my temperature here where I am sitting?” he asks. “How do you know my environment? How do you know my body? How do you know everyone else's bodies?”\u003c/p>\n\u003ch3>\u003cstrong>Increasing Control\u003c/strong>\u003c/h3>\n\u003cp>Haitayan says there has always been a struggle over control with 7-Eleven. Franchisees have to sign lengthy contracts, obligating them to comply with even lengthier operations manuals. The company's manual is nearly 1,000 pages long, he says. And 7-Eleven can change the rules in the manual at any time.\u003c/p>\n\u003cp>When he started his franchise back in the 1990s, Haitayan says the company's control was tolerable. But ever since 7-Eleven was bought out, he says, it has increasingly dictated everything from when franchisees can order from vendors to what they can sell.\u003c/p>\n\u003cp>The final straw for Haitayan was a two-pack of batteries.\u003c/p>\n\u003cp>Haitayan says a few years ago he suddenly could only order jumbo packs of 14 or 16 batteries. “This is not Costco. This is not Walmart,” he says. “This is a convenience store.”\u003c/p>\n\u003cp>His customers wanted small packs of batteries, but he says for some reason that inventory had vanished from the system. Over time, the list of products he couldn’t order continued to grow, like certain kinds of sodas, iced teas and cigarettes.\u003c/p>\n\u003cp>7-Eleven did not respond to multiple requests for comment for this story.\u003c/p>\n\u003cp>The company has made other changes in recent years. It installed corporate cameras in franchise stores, raised the maximum share of profits the company can keep from 50% to 59%, and increased the focus on food sales, resulting in higher costs for franchisees because they are responsible for covering payroll and have to hire more employees to prepare the food.\u003c/p>\n\u003cp>For Haitayan, the batteries drove home the reality of how powerless he was. “I feel like nothing but an unglorified store manager without benefits,” he says. So, he joined a handful of other California franchisees in the now more than 3-year-old misclassification lawsuit.\u003c/p>\n\u003cfigure id=\"attachment_11862647\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11862647 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Serge-Out-Front-scaled-e1616018130427.jpg\" alt=\"\" width=\"1920\" height=\"1868\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Serge-Out-Front-scaled-e1616018130427.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Serge-Out-Front-scaled-e1616018130427-800x778.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Serge-Out-Front-scaled-e1616018130427-1020x992.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Serge-Out-Front-scaled-e1616018130427-160x156.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Serge-Out-Front-scaled-e1616018130427-1536x1494.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Serge Haitayan outside of his store. \u003ccite>(Sam Harnett/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Jaspreet Dhillon, another 7-Eleven franchisee in Southern California, and a plaintiff in the suit, echoes many of the points made by Haitayan. He says for years he didn’t fight the company's control.\u003c/p>\n\u003cp>“You don’t have time to think,” he says. “You have family, you come home, you’re tired, you rest and the next day you’re up again ready to go again.”\u003c/p>\n\u003cp>But a few years ago he, like Haitayan, reached his breaking point. “I used to love going to the store,” he says. “Now, I dread it.”\u003c/p>\n\u003cp>The franchisees, who filed the suit in federal district court in Los Angeles in 2017, initially lost. But the 9th U.S. Circuit Court of Appeals vacated the lower court's ruling in 2018, determining that the judge made a hasty decision and focused too much on the amount of control detailed in the franchisee agreement, rather than the plaintiffs’ allegations of what was actually happening in their stores.\u003c/p>\n\u003cp>The 7-Eleven decision is now back in a lower federal district court, and a new ruling is expected this month.\u003c/p>\n\u003ch3>\u003cstrong>‘Prehistory of the Gig Economy’\u003c/strong>\u003c/h3>\n\u003cp>Brian Callaci, an economist at Data and Society, a nonprofit that researches technology and regulation, recently released\u003ca href=\"https://datasociety.net/library/puppet-entrepreneurship/\"> a lengthy report\u003c/a> on the current level of corporate control in franchising.\u003c/p>\n\u003cp>“It would be a stretch to call it real independent business ownership,\" says Callaci, who reviewed more than 500 franchise contracts.\u003c/p>\n\u003cp>Although he says 7-Eleven is one of the more overbearing franchises, franchisors in general have moved towards more centralized control.\u003c/p>\n\u003cp>It's not a coincidence that this increase parallels the heightened control in the gig economy, Callaci says, adding that franchising helped lay the legal groundwork for gig companies like Lyft and DoorDash.\u003c/p>\n\u003cp>“The legal history of franchising is very much the prehistory of the gig economy,” he says.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Brian Callaci, economist\"]'The legal history of franchising is very much the prehistory of the gig economy.'[/pullquote]Before the 1970s, regulators were more likely to use antitrust law to try and stop larger corporations from tightly controlling smaller independent businesses, Callaci says. The prospect of corporate domination, he adds, was a bigger factor in assessing and enforcing antitrust violations.\u003c/p>\n\u003cp>But through a series of subsequent court cases, franchisors gained the ability to exert greater control over franchisees. In 1977, they scored a major victory in Continental TV v. GTE Sylvania, in which the U.S. \u003ca href=\"https://www.oyez.org/cases/1976/76-15\">Supreme Court ruled \u003c/a>that large corporations controlling smaller operators, like franchisees, was intrinsic to the American business model.\u003c/p>\n\u003cp>That ruling and others like it changed how antitrust laws were enforced in the U.S. The principles of shareholder capitalism became the guiding ideology, with the focus shifting from trying to prevent the domination of smaller independent businesses and workers to strengthening \"consumer welfare\" and \"economic efficiency.\"\u003c/p>\n\u003ch3>\u003cstrong>Squeezed Out\u003c/strong>\u003c/h3>\n\u003cp>Today, there are some 770,000 franchisees in America. Many are immigrants or people of color who had to scrape together money from friends and family to pay the franchise fee required to enter the business. For prime 7-Eleven locations in California, that can amount to hundreds of thousands of dollars.\u003c/p>\n\u003cp>Dhillon says 7-Eleven promises true business ownership, the American dream. “They paint a rosy picture, but then when you get in you find it’s a different reality.”\u003c/p>\n\u003cp>Once franchisees get into the business, it’s hard to get out. For one, most franchisees do not own their property. That means if they lose the right to the franchise, they lose their business and their investment, which could mean sacrificing the entire franchise fee.\u003c/p>\n\u003cp>Haitayan says the power 7-Eleven has over franchisees keeps many of them from speaking up. He hasn’t kept quiet, though.\u003c/p>\n\u003cp>Haitayan has been involved in several lawsuits against 7-Eleven in recent years, including one over the installation of cameras in stores, which franchisees eventually accepted in a settlement.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"proposition-22\"]Last fall, on Haitayan’s 30th anniversary owning his franchise, he says the company sent him a letter informing him they weren’t renewing the lease and were closing the store.\u003c/p>\n\u003cp>Haitayan says the store was doing well and he could see no financial reason for to close it down. “Beside saying, ‘We want to teach every franchisee a lesson, that the moment you stand up to 7-Eleven and you create problems and you challenge them and you take them to court, this is what is going to end up happening to you,’ ” he says.\u003c/p>\n\u003cp>But Haitayan is relatively lucky. Unlike most other 7-Eleven franchisees, he owns his property, which means he was able to reopen it as his own store under a different name. But he says because 7-Eleven neglected to do maintenance for years, he had to spend over a quarter million dollars on renovations.\u003c/p>\n\u003cp>Even though he's opening his own store, he plans to remain involved in the current lawsuit.\u003c/p>\n\u003cp>“My fight is still with franchisees and with all the new economy gig employees,” he says, “because they’re not treated fair.”\u003c/p>\n\u003cp>Haitayan says franchisees and gig workers are in a similar boat because they’re both fighting against companies that he says are taking excessive control over workers without having to provide basic benefits. He says American workers should either be granted employee protections or true independence.\u003c/p>\n\u003ch3>\u003cstrong>From Franchising to Gig Platforms\u003c/strong>\u003c/h3>\n\u003cp>Today's franchisors and gig companies have both benefited heartily from the decreasing focus on corporate domination in antitrust enforcement.\u003c/p>\n\u003cp>With the development of apps, gig companies have gone a step further than the franchise model. Instead of requiring franchisees to buy into the brand to run their own business, gig workers sign up on their platforms to do piecemeal gigs. This \"platform argument\" has been key to how many gig companies justify their employment practices to regulators.\u003c/p>\n\u003cp>Gig company executives and their legal teams consistently argue they are not running taxi or delivery businesses, but instead tech companies that have created platforms to connect consumers to independent service providers. Under this platform argument, Uber drivers, Instacart grocery shoppers or DoorDash deliverers are not employees, but rather entrepreneurs running their own businesses.\u003c/p>\n\u003cp>This argument has been very successful, largely because of the way the U.S. now enforces antitrust law, says University of Utah economist Marshall Steinbaum.\u003c/p>\n\u003cp>“The business model of gig companies is dependent on the weakening of antitrust,” says Steinbaum, who\u003ca href=\"https://marshallsteinbaum.org/assets/steinbaum-2019-antitrust-the-gig-economy-and-labor-market-power-law-and-contemporary-problems-.pdf\"> published a paper\u003c/a> on the issue.\u003c/p>\n\u003cp>If regulators enforced antitrust law the way they used to, Steinbaum says, gig companies would risk being sued for how much they control their supposedly independent contractors. They would be encouraged to classify their workers as employees so that they could continue setting prices and controlling the interaction between independent workers and customers, things that could have triggered antitrust enforcement in the past.\u003c/p>\n\u003cp>While changes in antitrust enforcement have made it easier for large companies to dictate prices and exert greater control over supposedly independent businesses, they have also become a tool to prevent workers from organizing or forming their own collectives.[pullquote align=\"right\" size=\"medium\" citation=\"Jaspreet Dhillon, 7-Eleven franchise owner\"]'They paint a rosy picture, but then when you get in you find it’s a different reality.'[/pullquote]If a bunch of taxi drivers got together, made an app and called themselves independent businesses, but collectively set prices, consumers could easily sue them for price fixing, says Steinbaum, \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3279629\">pointing to numerous examples\u003c/a> of crackdowns on employee coordination.\u003c/p>\n\u003cp>The reorientation of antitrust enforcement has also helped prevent gig workers from organizing and pushing for higher wages. In 2015, the Seattle City Council passed a measure extending collective bargaining rights to Lyft and Uber drivers. Right after its passage, Lyft, Uber and the city's chamber of commerce sued, claiming the measure violated federal antitrust law — on the grounds that workers would potentially be able to spur price hikes.\u003c/p>\n\u003cp>After the federal government weighed in, supporting the suit, \u003ca href=\"https://www.geekwire.com/2020/uber-seattle-u-s-chamber-end-legal-dispute-union-law-city-plans-minimum-wage-drivers/\">the council pulled the collective bargaining provision.\u003c/a>\u003c/p>\n\u003cp>Reforming antitrust would require regulators to be honest that “economic efficiency” is not some neutral, objective metric, but an ideological construct, argues Sanjukta Paul, a Wayne State law professor who wrote \u003ca href=\"https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=4919&context=lcp\">a study that touched on how gig companies\u003c/a> have exerted control over \"independent contractors\" without using the franchise model.\u003c/p>\n\u003cp>“When you’re telling someone else what to do and dominating them economically and extracting as much as you can from them, effort-wise, whether it’s a worker or small firm, that is ‘efficiency,' ” she says.\u003c/p>\n\u003cp>Paul envisions an alternative metric based on social good. “If we can be more systematic and honest about what values we want to promote,” she says, “then we might say it is actually efficient and pro-social to have truck drivers and taxi cab drivers make a living wage so that they can invest in their communities and then invest in green technology for their trucks and cars.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Paul's pitch — that antitrust law be again used to better protect workers instead of focusing on lowering costs for consumers and making profit for shareholders — could go a long way in helping both gig workers who want employee protections and franchisees like Haitayan who want true independence.\u003c/p>\n\n","blocks":[],"excerpt":"Franchising helped set a legal precedent for the kind of control gig companies customarily exercise over their workers.","status":"publish","parent":0,"modified":1616097946,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":60,"wordCount":2673},"headData":{"title":"How Franchising Paved the Way for the Gig Economy | KQED","description":"Franchising helped set a legal precedent for the kind of control gig companies customarily exercise over their workers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"How Franchising Paved the Way for the Gig Economy","datePublished":"2021-03-18T13:00:24.000Z","dateModified":"2021-03-18T20:05:46.000Z","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":"11862641 https://ww2.kqed.org/news/?p=11862641","disqusUrl":"https://ww2.kqed.org/news/2021/03/18/how-franchising-paved-the-way-for-the-gig-economy/","disqusTitle":"How Franchising Paved the Way for the Gig Economy","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/a346af00-d49b-4155-8bd1-acdb012e7764/audio.mp3","path":"/news/11862641/how-franchising-paved-the-way-for-the-gig-economy","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>If you walk into a 7-Eleven in California and it’s too hot or cold, don’t blame the franchisee who runs the place. The thermostat is controlled remotely from the company's corporate headquarters in Dallas — as are the store’s hours, prices and the specific kinds of pizza, wings and tacos they can sell.\u003c/p>\n\u003cp>A group of four franchisees in California are involved in an ongoing suit against 7-Eleven over the extent of the company's control, arguing that it's treating them like employees, but classifying them as independent contractors. If they get so little say on how to run their businesses, the franchisees argue, they should at least receive basic employee protections, like overtime pay and workers' compensation.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I feel like nothing but an unglorified store manager without benefits.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Serge Haitayan, 7-Eleven franchise owner","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Much of the lawsuit rests on \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB5\">Assembly Bill 5\u003c/a>, the California law intended to make it harder for gig companies like Uber, Lyft and DoorDash to have sway over their workers without providing employee benefits. And while that 2018 law was drafted in response to today’s gig work environment, it was the franchising industry that originally normalized the labor relations on which the “gig economy” is built.\u003c/p>\n\u003cp>In the franchise model, a business owner buys the right to run a store under the franchisor's brand. As part of the deal, the franchisee must follow a set of rules laid out by the parent company.\u003c/p>\n\u003cp>Starting in the 1970s, franchising set a legal precedent for gig companies by helping change the enforcement of U.S. antitrust law, and weakening the labor protections that prevent corporations from misclassifying workers as independent contractors.\u003c/p>\n\u003cp>The link between franchising and gig work was evident in the lead-up to the election in November. When it looked like Proposition 22 — an ultimately successful bid by gig companies to circumvent California's new labor law — could fail, forcing companies to pay for basic employee protections, executives reportedly started \u003ca href=\"https://www.nytimes.com/2020/08/18/technology/uber-lyft-franchise-california.html\">looking into franchising models\u003c/a> as a backup plan.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But gig companies were already capitalizing on the business framework that decades of franchising has normalized — an ongoing tension reflected in the 7-Eleven lawsuit.\u003c/p>\n\u003ch3>\u003cstrong>Family Business\u003c/strong>\u003c/h3>\n\u003cp>There’s an old 7-Eleven on the outskirts of Fresno with a hot dog sign on the window. It says, “Anyone who is hungry and can't pay for a hot dog can have one for free!” Next to the sign is an illustration of a jolly Lebanese Santa Claus with a big beard, the name “Serge” written across his chest.\u003c/p>\n\u003cfigure id=\"attachment_11862646\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11862646 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1920\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-1920x1440.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-1832x1374.jpg 1832w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-1376x1032.jpg 1376w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-1044x783.jpg 1044w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-632x474.jpg 632w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Hot-Dog-536x402.jpg 536w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">The sign on the outside of Serge Haitayan's 7-Eleven store in Fresno. \u003ccite>(KQED/Sam Harnett)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>That's Serge Haitayan, a man in his 60s who has run the franchise for 30 years.\u003c/p>\n\u003cp>“Santa’s beard used to be black” he says. “Now, it’s more grayish.”\u003c/p>\n\u003cp>A refugee from Lebanon, Haitayan came to Los Angeles in the 1980s, and then moved to Fresno — a place he thought would be good to raise a family — where he began running the 7-Eleven store and eventually became a franchise owner.\u003c/p>\n\u003cp>“My kids were raised in the store,” he says. “I used to go pick them up every day after school, and they would stay in this office, and they would do their homework and they would spend the afternoon in the store. I used to have them open the doors for customers and say, ‘Hello. Good afternoon, good evening, welcome to the store.’ ”\u003c/p>\n\u003cp>But Haitayan says ever since the 7-Eleven company was bought by a major Japanese retail firm 16 years ago, the store has felt increasingly less like his own. He says he can’t even control the store temperature himself. He points to the place on the wall where his old thermostat used to be, and describes how a few years ago, a crew from the company came, ripped it out and replaced it with one that is controlled remotely from U.S. corporate headquarters in Dallas.\u003c/p>\n\u003cp>“In what world is that OK for you to live in Dallas and control my temperature here where I am sitting?” he asks. “How do you know my environment? How do you know my body? How do you know everyone else's bodies?”\u003c/p>\n\u003ch3>\u003cstrong>Increasing Control\u003c/strong>\u003c/h3>\n\u003cp>Haitayan says there has always been a struggle over control with 7-Eleven. Franchisees have to sign lengthy contracts, obligating them to comply with even lengthier operations manuals. The company's manual is nearly 1,000 pages long, he says. And 7-Eleven can change the rules in the manual at any time.\u003c/p>\n\u003cp>When he started his franchise back in the 1990s, Haitayan says the company's control was tolerable. But ever since 7-Eleven was bought out, he says, it has increasingly dictated everything from when franchisees can order from vendors to what they can sell.\u003c/p>\n\u003cp>The final straw for Haitayan was a two-pack of batteries.\u003c/p>\n\u003cp>Haitayan says a few years ago he suddenly could only order jumbo packs of 14 or 16 batteries. “This is not Costco. This is not Walmart,” he says. “This is a convenience store.”\u003c/p>\n\u003cp>His customers wanted small packs of batteries, but he says for some reason that inventory had vanished from the system. Over time, the list of products he couldn’t order continued to grow, like certain kinds of sodas, iced teas and cigarettes.\u003c/p>\n\u003cp>7-Eleven did not respond to multiple requests for comment for this story.\u003c/p>\n\u003cp>The company has made other changes in recent years. It installed corporate cameras in franchise stores, raised the maximum share of profits the company can keep from 50% to 59%, and increased the focus on food sales, resulting in higher costs for franchisees because they are responsible for covering payroll and have to hire more employees to prepare the food.\u003c/p>\n\u003cp>For Haitayan, the batteries drove home the reality of how powerless he was. “I feel like nothing but an unglorified store manager without benefits,” he says. So, he joined a handful of other California franchisees in the now more than 3-year-old misclassification lawsuit.\u003c/p>\n\u003cfigure id=\"attachment_11862647\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11862647 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Serge-Out-Front-scaled-e1616018130427.jpg\" alt=\"\" width=\"1920\" height=\"1868\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/03/Serge-Out-Front-scaled-e1616018130427.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Serge-Out-Front-scaled-e1616018130427-800x778.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Serge-Out-Front-scaled-e1616018130427-1020x992.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Serge-Out-Front-scaled-e1616018130427-160x156.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2021/03/Serge-Out-Front-scaled-e1616018130427-1536x1494.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Serge Haitayan outside of his store. \u003ccite>(Sam Harnett/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Jaspreet Dhillon, another 7-Eleven franchisee in Southern California, and a plaintiff in the suit, echoes many of the points made by Haitayan. He says for years he didn’t fight the company's control.\u003c/p>\n\u003cp>“You don’t have time to think,” he says. “You have family, you come home, you’re tired, you rest and the next day you’re up again ready to go again.”\u003c/p>\n\u003cp>But a few years ago he, like Haitayan, reached his breaking point. “I used to love going to the store,” he says. “Now, I dread it.”\u003c/p>\n\u003cp>The franchisees, who filed the suit in federal district court in Los Angeles in 2017, initially lost. But the 9th U.S. Circuit Court of Appeals vacated the lower court's ruling in 2018, determining that the judge made a hasty decision and focused too much on the amount of control detailed in the franchisee agreement, rather than the plaintiffs’ allegations of what was actually happening in their stores.\u003c/p>\n\u003cp>The 7-Eleven decision is now back in a lower federal district court, and a new ruling is expected this month.\u003c/p>\n\u003ch3>\u003cstrong>‘Prehistory of the Gig Economy’\u003c/strong>\u003c/h3>\n\u003cp>Brian Callaci, an economist at Data and Society, a nonprofit that researches technology and regulation, recently released\u003ca href=\"https://datasociety.net/library/puppet-entrepreneurship/\"> a lengthy report\u003c/a> on the current level of corporate control in franchising.\u003c/p>\n\u003cp>“It would be a stretch to call it real independent business ownership,\" says Callaci, who reviewed more than 500 franchise contracts.\u003c/p>\n\u003cp>Although he says 7-Eleven is one of the more overbearing franchises, franchisors in general have moved towards more centralized control.\u003c/p>\n\u003cp>It's not a coincidence that this increase parallels the heightened control in the gig economy, Callaci says, adding that franchising helped lay the legal groundwork for gig companies like Lyft and DoorDash.\u003c/p>\n\u003cp>“The legal history of franchising is very much the prehistory of the gig economy,” he says.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The legal history of franchising is very much the prehistory of the gig economy.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Brian Callaci, economist","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Before the 1970s, regulators were more likely to use antitrust law to try and stop larger corporations from tightly controlling smaller independent businesses, Callaci says. The prospect of corporate domination, he adds, was a bigger factor in assessing and enforcing antitrust violations.\u003c/p>\n\u003cp>But through a series of subsequent court cases, franchisors gained the ability to exert greater control over franchisees. In 1977, they scored a major victory in Continental TV v. GTE Sylvania, in which the U.S. \u003ca href=\"https://www.oyez.org/cases/1976/76-15\">Supreme Court ruled \u003c/a>that large corporations controlling smaller operators, like franchisees, was intrinsic to the American business model.\u003c/p>\n\u003cp>That ruling and others like it changed how antitrust laws were enforced in the U.S. The principles of shareholder capitalism became the guiding ideology, with the focus shifting from trying to prevent the domination of smaller independent businesses and workers to strengthening \"consumer welfare\" and \"economic efficiency.\"\u003c/p>\n\u003ch3>\u003cstrong>Squeezed Out\u003c/strong>\u003c/h3>\n\u003cp>Today, there are some 770,000 franchisees in America. Many are immigrants or people of color who had to scrape together money from friends and family to pay the franchise fee required to enter the business. For prime 7-Eleven locations in California, that can amount to hundreds of thousands of dollars.\u003c/p>\n\u003cp>Dhillon says 7-Eleven promises true business ownership, the American dream. “They paint a rosy picture, but then when you get in you find it’s a different reality.”\u003c/p>\n\u003cp>Once franchisees get into the business, it’s hard to get out. For one, most franchisees do not own their property. That means if they lose the right to the franchise, they lose their business and their investment, which could mean sacrificing the entire franchise fee.\u003c/p>\n\u003cp>Haitayan says the power 7-Eleven has over franchisees keeps many of them from speaking up. He hasn’t kept quiet, though.\u003c/p>\n\u003cp>Haitayan has been involved in several lawsuits against 7-Eleven in recent years, including one over the installation of cameras in stores, which franchisees eventually accepted in a settlement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"proposition-22"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Last fall, on Haitayan’s 30th anniversary owning his franchise, he says the company sent him a letter informing him they weren’t renewing the lease and were closing the store.\u003c/p>\n\u003cp>Haitayan says the store was doing well and he could see no financial reason for to close it down. “Beside saying, ‘We want to teach every franchisee a lesson, that the moment you stand up to 7-Eleven and you create problems and you challenge them and you take them to court, this is what is going to end up happening to you,’ ” he says.\u003c/p>\n\u003cp>But Haitayan is relatively lucky. Unlike most other 7-Eleven franchisees, he owns his property, which means he was able to reopen it as his own store under a different name. But he says because 7-Eleven neglected to do maintenance for years, he had to spend over a quarter million dollars on renovations.\u003c/p>\n\u003cp>Even though he's opening his own store, he plans to remain involved in the current lawsuit.\u003c/p>\n\u003cp>“My fight is still with franchisees and with all the new economy gig employees,” he says, “because they’re not treated fair.”\u003c/p>\n\u003cp>Haitayan says franchisees and gig workers are in a similar boat because they’re both fighting against companies that he says are taking excessive control over workers without having to provide basic benefits. He says American workers should either be granted employee protections or true independence.\u003c/p>\n\u003ch3>\u003cstrong>From Franchising to Gig Platforms\u003c/strong>\u003c/h3>\n\u003cp>Today's franchisors and gig companies have both benefited heartily from the decreasing focus on corporate domination in antitrust enforcement.\u003c/p>\n\u003cp>With the development of apps, gig companies have gone a step further than the franchise model. Instead of requiring franchisees to buy into the brand to run their own business, gig workers sign up on their platforms to do piecemeal gigs. This \"platform argument\" has been key to how many gig companies justify their employment practices to regulators.\u003c/p>\n\u003cp>Gig company executives and their legal teams consistently argue they are not running taxi or delivery businesses, but instead tech companies that have created platforms to connect consumers to independent service providers. Under this platform argument, Uber drivers, Instacart grocery shoppers or DoorDash deliverers are not employees, but rather entrepreneurs running their own businesses.\u003c/p>\n\u003cp>This argument has been very successful, largely because of the way the U.S. now enforces antitrust law, says University of Utah economist Marshall Steinbaum.\u003c/p>\n\u003cp>“The business model of gig companies is dependent on the weakening of antitrust,” says Steinbaum, who\u003ca href=\"https://marshallsteinbaum.org/assets/steinbaum-2019-antitrust-the-gig-economy-and-labor-market-power-law-and-contemporary-problems-.pdf\"> published a paper\u003c/a> on the issue.\u003c/p>\n\u003cp>If regulators enforced antitrust law the way they used to, Steinbaum says, gig companies would risk being sued for how much they control their supposedly independent contractors. They would be encouraged to classify their workers as employees so that they could continue setting prices and controlling the interaction between independent workers and customers, things that could have triggered antitrust enforcement in the past.\u003c/p>\n\u003cp>While changes in antitrust enforcement have made it easier for large companies to dictate prices and exert greater control over supposedly independent businesses, they have also become a tool to prevent workers from organizing or forming their own collectives.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'They paint a rosy picture, but then when you get in you find it’s a different reality.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Jaspreet Dhillon, 7-Eleven franchise owner","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>If a bunch of taxi drivers got together, made an app and called themselves independent businesses, but collectively set prices, consumers could easily sue them for price fixing, says Steinbaum, \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3279629\">pointing to numerous examples\u003c/a> of crackdowns on employee coordination.\u003c/p>\n\u003cp>The reorientation of antitrust enforcement has also helped prevent gig workers from organizing and pushing for higher wages. In 2015, the Seattle City Council passed a measure extending collective bargaining rights to Lyft and Uber drivers. Right after its passage, Lyft, Uber and the city's chamber of commerce sued, claiming the measure violated federal antitrust law — on the grounds that workers would potentially be able to spur price hikes.\u003c/p>\n\u003cp>After the federal government weighed in, supporting the suit, \u003ca href=\"https://www.geekwire.com/2020/uber-seattle-u-s-chamber-end-legal-dispute-union-law-city-plans-minimum-wage-drivers/\">the council pulled the collective bargaining provision.\u003c/a>\u003c/p>\n\u003cp>Reforming antitrust would require regulators to be honest that “economic efficiency” is not some neutral, objective metric, but an ideological construct, argues Sanjukta Paul, a Wayne State law professor who wrote \u003ca href=\"https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=4919&context=lcp\">a study that touched on how gig companies\u003c/a> have exerted control over \"independent contractors\" without using the franchise model.\u003c/p>\n\u003cp>“When you’re telling someone else what to do and dominating them economically and extracting as much as you can from them, effort-wise, whether it’s a worker or small firm, that is ‘efficiency,' ” she says.\u003c/p>\n\u003cp>Paul envisions an alternative metric based on social good. “If we can be more systematic and honest about what values we want to promote,” she says, “then we might say it is actually efficient and pro-social to have truck drivers and taxi cab drivers make a living wage so that they can invest in their communities and then invest in green technology for their trucks and cars.”\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>Paul's pitch — that antitrust law be again used to better protect workers instead of focusing on lowering costs for consumers and making profit for shareholders — could go a long way in helping both gig workers who want employee protections and franchisees like Haitayan who want true independence.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11862641/how-franchising-paved-the-way-for-the-gig-economy","authors":["253"],"categories":["news_8"],"tags":["news_26532","news_29212","news_17994","news_4524","news_28581","news_28695","news_4523"],"featImg":"news_11862645","label":"news"},"news_11855985":{"type":"posts","id":"news_11855985","meta":{"index":"posts_1591205157","site":"news","id":"11855985","score":null,"sort":[1611179880000]},"guestAuthors":[],"slug":"coming-for-you-and-your-job-with-prop-22-are-grocery-staff-layoffs-just-the-beginning","title":"'Coming for You and Your Job': With Prop. 22, Are Grocery Staff Layoffs Just the Beginning?","publishDate":1611179880,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>When Derrick Neal moved back to the Los Angeles area from Florida last year, after his mother died, he needed to find a job quickly to keep paying his bills.\u003c/p>\n\u003cp>Neal, 40, has been working ever since he turned 18, mostly in retail jobs at big chain stores like Walmart and Home Depot. In L.A. last May, he started delivering groceries for the supermarket chain Vons and was surprised how much he enjoyed it.\u003c/p>\n\u003cp>He likes arriving at work in the morning and seeing all his routes for the day, he says. Vons provides him with a company phone and a van with compartments that he fills with various delivery items.[pullquote align=\"right\" size=\"medium\" citation=\"Veena Dubal, UC Hastings law professor\"]'Proposition 22 is essentially a blueprint for how to lower labor standards across the board.'[/pullquote]“It’s like I am bringing the whole store to the customer,” he said.\u003c/p>\n\u003cp>Neal says he has felt especially good about doing his job during the pandemic, delivering food to the elderly or sick who would otherwise have to risk their health by going to the grocery store.\u003c/p>\n\u003cp>The job has been a lifeline for him, too.\u003c/p>\n\u003cp>“There weren’t many people hiring at the start of the pandemic,” Neal said. “So I was happy to get the job.”\u003c/p>\n\u003cp>After one of his shifts in December, Neal says he and other non-union delivery employees were called to a meeting by their managers and informed they would all be laid off by the end of February. Independent contractors working through DoorDash were going to take over their jobs, they were told.\u003c/p>\n\u003cp>“It was devastating,” Neal said. On top of that, he also had to move out of his apartment that month after his landlord sold the building. Unable to find another place he can afford, he has been living in his car since then.\u003c/p>\n\u003cp>Neal says he doesn’t understand the company’s decision, particularly given how much delivery work has recently been available.\u003c/p>\n\u003cp>“If I were able to talk to them, I would just ask them, ‘Why?’ ” Neal said. “Who did the cost analysis on this and deemed that it was more cost efficient to go with independent contractors than the people we already have, that are there day in and day out, blood sweat and tears, going through it?”\u003c/p>\n\u003cfigure id=\"attachment_11855989\" class=\"wp-caption alignright\" style=\"max-width: 968px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Derrick-Neal-e1611086411183.png\">\u003cimg class=\"size-full wp-image-11855989\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Derrick-Neal-e1611086411183.png\" alt=\"\" width=\"968\" height=\"943\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Derrick-Neal-e1611086411183.png 968w, https://ww2.kqed.org/app/uploads/sites/10/2021/01/Derrick-Neal-e1611086411183-800x779.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/01/Derrick-Neal-e1611086411183-160x156.png 160w\" sizes=\"(max-width: 968px) 100vw, 968px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Derrick Neal, a Vons delivery driver in Los Angeles, says it is devastating to know he will soon lose his job, especially after recently being kicked out of his apartment. \u003ccite>(Courtesy of Derrick Neal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Vons is one of many grocery chains owned by Albertsons, the second-largest grocery company in the country. Earlier this month, Albertsons announced it would discontinue its in-house delivery services in parts of California and other states starting late February.\u003c/p>\n\u003cp>The company has not specified how many delivery employees will be replaced by DoorDash contractors, but the United Food and Commercial Workers union estimates it will be in the high hundreds.\u003c/p>\n\u003cp>“This decision will allow us to compete in the growing home delivery market more effectively,\" Albertsons spokeswoman Christine Wilcox said in a statement. She added, “Albertsons Companies Divisions plans to offer positions to each impacted associate.”\u003c/p>\n\u003cp>Wilcox did not respond to a request for clarification on the nature of these jobs and the process by which they will be offered to delivery employees like Neal. The company has also not provided proof of any legal commitment to offering new jobs, or any guarantees of equivalent pay, benefits and job locations.\u003c/p>\n\u003cp>The replacement of employees by contractors is exactly what labor advocates warned would happen with \u003ca href=\"https://www.kqed.org/news/11843123/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure\">Proposition 22\u003c/a>, which California voters approved in November.\u003c/p>\n\u003cp>“I’m not surprised that it happened this quickly, because what the Proposition 22 worker category that was created does is significantly lower labor costs for corporations,” said Veena Dubal, a UC Hastings law professor.\u003c/p>\n\u003cp>Proposition 22 creates a new sub-employee category that allows app-based delivery and transportation gig companies to legally deny workers access to employee benefits like overtime, unemployment insurance and a guaranteed minimum wage. Instead, companies have to offer workers in this category certain watered-down employee benefits like health care subsidies and the option to purchase insurance.\u003c/p>\n\u003cp>The proposition was written by DoorDash, Uber, Lyft and other gig companies, which collectively spent over $200 million on the campaign, making it the most expensive ballot measure in state history. Now that the measure is law, it has nullified recent efforts by all three branches of California government to force gig companies to classify their workers as employees.\u003c/p>\n\u003cp>Dubal says logistics and delivery employees will just be the first to lose their jobs.\u003c/p>\n\u003cp>“Proposition 22 is essentially a blueprint for how to lower labor standards across the board,” she said. “For those who have been thinking of this as a whole different type of work, as something that would never affect them, this is really the time to start paying attention. This model of work is coming for you and your job.”\u003c/p>\n\u003cp>Venture capitalists already see opportunity.\u003c/p>\n\u003cp>Shawn Carolan is a partner at Menlo Ventures. In a recent opinion piece titled “What Proposition 22 Now Makes Possible” published on \u003ca href=\"https://www.theinformation.com/articles/what-proposition-22-now-makes-possible\">The Information\u003c/a>, he said there’s potential for this new labor category to extend to fields like nursing, executive assistance, tutoring, programming, agricultural work and even zoo keeping.\u003c/p>\n\u003cp>[ad fullwidth]Executives at most gig companies have always \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3668606\">described their businesses\u003c/a> as “platforms” that connect independent workers to customers.\u003c/p>\n\u003cp>But that argument doesn’t add up for David Weil, dean of the Heller School for Social Policy and Management at Brandeis University. Even though the work is through an app, he says, the business strategy is nothing new.\u003c/p>\n\u003cp>“It is just a part of the evolution of the erosion of workplace standards that has happened in lots of different ways,” he said.\u003c/p>\n\u003cp>Weil came up with the term “fissuring” to describe \u003ca href=\"https://www.kqed.org/news/11827591/how-we-got-here-part-2-the-attack-on-worker-power\">what is happening to American workplaces\u003c/a>. Since the 1970s, executives have increasingly replaced full-time employee jobs with part-time, subcontracted and outsourced work. Weil says gig companies are just pushing that fissuring further by labeling their workers independent contractors.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"prop-22\"]“They’re using the platform as a way to get out of the obligation of actually treating those workers as employees,” he said.\u003c/p>\n\u003cp>DoorDash declined an interview with KQED. But in a statement, a spokesperson said the company provided a vital service.\u003c/p>\n\u003cp>“DoorDash has always supported local economies, and as e-commerce and delivery have become even more important for many businesses during these challenging times, we remain committed to helping brick-and-mortar local merchants reach consumers with the best of their neighborhood,” DoorDash spokesman Taylor Bennett said in a press release.\u003c/p>\n\u003cp>The news of Albertsons' new arrangement with DoorDash has spurred other grocery delivery workers in California to unionize.\u003c/p>\n\u003cp>“I can’t tell you how many times I’ve told people that I feel so lucky to have this job,” said Leigh Littlefield, a Bay Area delivery worker for Safeway, another grocery chain owned by Albertsons.\u003c/p>\n\u003cp>Littlefield is one of 250 delivery workers for Safeway that just joined the United Food and Commercial Workers International union. They first started organizing to receive guaranteed benefits, she says, after managers began blocking them from working the minimum number of hours required to qualify. The effort was well underway when they got wind of the DoorDash threat, which Littlefield says spurred workers to quickly finish unionizing.\u003c/p>\n\u003cp>Workers wrote into their contract that employees could not have shifts replaced by DoorDash, Littlefield says. “If we didn’t have this contract,” she says, “I imagine we would have been laid off with everyone else.”\u003c/p>\n\u003cp>Derrick Neal was not part of a union. He’s living out of his car, trying to figure out what to do next. He hopes he can find another job with some kind of safety net.\u003c/p>\n\u003cp>In America, that is becoming harder and harder to find.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Just two months after California voters passed Proposition 22, grocery giant Albertsons announced plans to replace many of its delivery employees in California with DoorDash contractors.","status":"publish","parent":0,"modified":1611184757,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":36,"wordCount":1385},"headData":{"title":"'Coming for You and Your Job': With Prop. 22, Are Grocery Staff Layoffs Just the Beginning? | KQED","description":"Just two months after California voters passed Proposition 22, grocery giant Albertsons announced plans to replace many of its delivery employees in California with DoorDash contractors.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Coming for You and Your Job': With Prop. 22, Are Grocery Staff Layoffs Just the Beginning?","datePublished":"2021-01-20T21:58:00.000Z","dateModified":"2021-01-20T23:19:17.000Z","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":"11855985 https://ww2.kqed.org/news/?p=11855985","disqusUrl":"https://ww2.kqed.org/news/2021/01/20/coming-for-you-and-your-job-with-prop-22-are-grocery-staff-layoffs-just-the-beginning/","disqusTitle":"'Coming for You and Your Job': With Prop. 22, Are Grocery Staff Layoffs Just the Beginning?","path":"/news/11855985/coming-for-you-and-your-job-with-prop-22-are-grocery-staff-layoffs-just-the-beginning","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When Derrick Neal moved back to the Los Angeles area from Florida last year, after his mother died, he needed to find a job quickly to keep paying his bills.\u003c/p>\n\u003cp>Neal, 40, has been working ever since he turned 18, mostly in retail jobs at big chain stores like Walmart and Home Depot. In L.A. last May, he started delivering groceries for the supermarket chain Vons and was surprised how much he enjoyed it.\u003c/p>\n\u003cp>He likes arriving at work in the morning and seeing all his routes for the day, he says. Vons provides him with a company phone and a van with compartments that he fills with various delivery items.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Proposition 22 is essentially a blueprint for how to lower labor standards across the board.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Veena Dubal, UC Hastings law professor","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“It’s like I am bringing the whole store to the customer,” he said.\u003c/p>\n\u003cp>Neal says he has felt especially good about doing his job during the pandemic, delivering food to the elderly or sick who would otherwise have to risk their health by going to the grocery store.\u003c/p>\n\u003cp>The job has been a lifeline for him, too.\u003c/p>\n\u003cp>“There weren’t many people hiring at the start of the pandemic,” Neal said. “So I was happy to get the job.”\u003c/p>\n\u003cp>After one of his shifts in December, Neal says he and other non-union delivery employees were called to a meeting by their managers and informed they would all be laid off by the end of February. Independent contractors working through DoorDash were going to take over their jobs, they were told.\u003c/p>\n\u003cp>“It was devastating,” Neal said. On top of that, he also had to move out of his apartment that month after his landlord sold the building. Unable to find another place he can afford, he has been living in his car since then.\u003c/p>\n\u003cp>Neal says he doesn’t understand the company’s decision, particularly given how much delivery work has recently been available.\u003c/p>\n\u003cp>“If I were able to talk to them, I would just ask them, ‘Why?’ ” Neal said. “Who did the cost analysis on this and deemed that it was more cost efficient to go with independent contractors than the people we already have, that are there day in and day out, blood sweat and tears, going through it?”\u003c/p>\n\u003cfigure id=\"attachment_11855989\" class=\"wp-caption alignright\" style=\"max-width: 968px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Derrick-Neal-e1611086411183.png\">\u003cimg class=\"size-full wp-image-11855989\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Derrick-Neal-e1611086411183.png\" alt=\"\" width=\"968\" height=\"943\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2021/01/Derrick-Neal-e1611086411183.png 968w, https://ww2.kqed.org/app/uploads/sites/10/2021/01/Derrick-Neal-e1611086411183-800x779.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2021/01/Derrick-Neal-e1611086411183-160x156.png 160w\" sizes=\"(max-width: 968px) 100vw, 968px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Derrick Neal, a Vons delivery driver in Los Angeles, says it is devastating to know he will soon lose his job, especially after recently being kicked out of his apartment. \u003ccite>(Courtesy of Derrick Neal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Vons is one of many grocery chains owned by Albertsons, the second-largest grocery company in the country. Earlier this month, Albertsons announced it would discontinue its in-house delivery services in parts of California and other states starting late February.\u003c/p>\n\u003cp>The company has not specified how many delivery employees will be replaced by DoorDash contractors, but the United Food and Commercial Workers union estimates it will be in the high hundreds.\u003c/p>\n\u003cp>“This decision will allow us to compete in the growing home delivery market more effectively,\" Albertsons spokeswoman Christine Wilcox said in a statement. She added, “Albertsons Companies Divisions plans to offer positions to each impacted associate.”\u003c/p>\n\u003cp>Wilcox did not respond to a request for clarification on the nature of these jobs and the process by which they will be offered to delivery employees like Neal. The company has also not provided proof of any legal commitment to offering new jobs, or any guarantees of equivalent pay, benefits and job locations.\u003c/p>\n\u003cp>The replacement of employees by contractors is exactly what labor advocates warned would happen with \u003ca href=\"https://www.kqed.org/news/11843123/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure\">Proposition 22\u003c/a>, which California voters approved in November.\u003c/p>\n\u003cp>“I’m not surprised that it happened this quickly, because what the Proposition 22 worker category that was created does is significantly lower labor costs for corporations,” said Veena Dubal, a UC Hastings law professor.\u003c/p>\n\u003cp>Proposition 22 creates a new sub-employee category that allows app-based delivery and transportation gig companies to legally deny workers access to employee benefits like overtime, unemployment insurance and a guaranteed minimum wage. Instead, companies have to offer workers in this category certain watered-down employee benefits like health care subsidies and the option to purchase insurance.\u003c/p>\n\u003cp>The proposition was written by DoorDash, Uber, Lyft and other gig companies, which collectively spent over $200 million on the campaign, making it the most expensive ballot measure in state history. Now that the measure is law, it has nullified recent efforts by all three branches of California government to force gig companies to classify their workers as employees.\u003c/p>\n\u003cp>Dubal says logistics and delivery employees will just be the first to lose their jobs.\u003c/p>\n\u003cp>“Proposition 22 is essentially a blueprint for how to lower labor standards across the board,” she said. “For those who have been thinking of this as a whole different type of work, as something that would never affect them, this is really the time to start paying attention. This model of work is coming for you and your job.”\u003c/p>\n\u003cp>Venture capitalists already see opportunity.\u003c/p>\n\u003cp>Shawn Carolan is a partner at Menlo Ventures. In a recent opinion piece titled “What Proposition 22 Now Makes Possible” published on \u003ca href=\"https://www.theinformation.com/articles/what-proposition-22-now-makes-possible\">The Information\u003c/a>, he said there’s potential for this new labor category to extend to fields like nursing, executive assistance, tutoring, programming, agricultural work and even zoo keeping.\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>Executives at most gig companies have always \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3668606\">described their businesses\u003c/a> as “platforms” that connect independent workers to customers.\u003c/p>\n\u003cp>But that argument doesn’t add up for David Weil, dean of the Heller School for Social Policy and Management at Brandeis University. Even though the work is through an app, he says, the business strategy is nothing new.\u003c/p>\n\u003cp>“It is just a part of the evolution of the erosion of workplace standards that has happened in lots of different ways,” he said.\u003c/p>\n\u003cp>Weil came up with the term “fissuring” to describe \u003ca href=\"https://www.kqed.org/news/11827591/how-we-got-here-part-2-the-attack-on-worker-power\">what is happening to American workplaces\u003c/a>. Since the 1970s, executives have increasingly replaced full-time employee jobs with part-time, subcontracted and outsourced work. Weil says gig companies are just pushing that fissuring further by labeling their workers independent contractors.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"prop-22"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“They’re using the platform as a way to get out of the obligation of actually treating those workers as employees,” he said.\u003c/p>\n\u003cp>DoorDash declined an interview with KQED. But in a statement, a spokesperson said the company provided a vital service.\u003c/p>\n\u003cp>“DoorDash has always supported local economies, and as e-commerce and delivery have become even more important for many businesses during these challenging times, we remain committed to helping brick-and-mortar local merchants reach consumers with the best of their neighborhood,” DoorDash spokesman Taylor Bennett said in a press release.\u003c/p>\n\u003cp>The news of Albertsons' new arrangement with DoorDash has spurred other grocery delivery workers in California to unionize.\u003c/p>\n\u003cp>“I can’t tell you how many times I’ve told people that I feel so lucky to have this job,” said Leigh Littlefield, a Bay Area delivery worker for Safeway, another grocery chain owned by Albertsons.\u003c/p>\n\u003cp>Littlefield is one of 250 delivery workers for Safeway that just joined the United Food and Commercial Workers International union. They first started organizing to receive guaranteed benefits, she says, after managers began blocking them from working the minimum number of hours required to qualify. The effort was well underway when they got wind of the DoorDash threat, which Littlefield says spurred workers to quickly finish unionizing.\u003c/p>\n\u003cp>Workers wrote into their contract that employees could not have shifts replaced by DoorDash, Littlefield says. “If we didn’t have this contract,” she says, “I imagine we would have been laid off with everyone else.”\u003c/p>\n\u003cp>Derrick Neal was not part of a union. He’s living out of his car, trying to figure out what to do next. He hopes he can find another job with some kind of safety net.\u003c/p>\n\u003cp>In America, that is becoming harder and harder to find.\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/11855985/coming-for-you-and-your-job-with-prop-22-are-grocery-staff-layoffs-just-the-beginning","authors":["253"],"categories":["news_1758","news_8"],"tags":["news_26117","news_28565","news_26532","news_17994","news_28581","news_28695"],"featImg":"news_11856214","label":"news"},"news_11852498":{"type":"posts","id":"news_11852498","meta":{"index":"posts_1591205157","site":"news","id":"11852498","score":null,"sort":[1609250411000]},"guestAuthors":[],"slug":"dashers-taskers-and-other-euphemisms-obscure-real-losses-for-gig-workers","title":"'Dashers,' 'Taskers' and Other Euphemisms Obscure Real Losses for Gig Workers","publishDate":1609250411,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>“Rideshare drivers,” “dashers,” “taskers,” “driver partners,” “entrepreneurs,\" “earners”: There's a long list of euphemisms for low-wage service workers in the U.S. today.\u003c/p>\n\u003cp>The \"cute\" monikers don't just constitute a clever strategy by the public relations departments at companies like Uber and Lyft. These firms have made billions by calling their workers contractors, thereby denying them basic employee protections and benefits.\u003c/p>\n\u003cp>While so-called gig companies are best known for the practice these days, American companies have been making up names for low-wage workers for decades. Since the 1970s, managers and executives have created increasingly elaborate titles for workers at the same time they have weakened benefits, held wages stagnant, undermined unions and replaced full-time positions with part-time contract work. \u003ca href=\"https://www.kqed.org/howwegothere\">Here's a three-hour radio documentary about how they did all that.\u003c/a>\u003c/p>\n\u003ch2>A long history\u003c/h2>\n\u003cp>In 1975, Walmart CEO Sam Walton decided the people staffing his stores would henceforth be called “associates.”\u003c/p>\n\u003cp>Today, Subway employees are called “sandwich artists.” Taco Bell cashiers, “champions.” Amazon workers, ”Amazonians.” At Disney World, managers call everyone from the janitor to the person inside the Mickey Mouse costume a “cast member.”\u003c/p>\n\u003cfigure id=\"attachment_11852714\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"size-full wp-image-11852714\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272.jpg\" alt=\"Say hello to a “cast member” at the Disneyland Resort in Anaheim. \" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272-2048x1366.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Say hello to a “cast member” at the Disneyland Resort in Anaheim. \u003ccite>(Photo by Derek Lee/Disneyland Resort via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“They conjure a kind of egalitarian, creative, nurturing, healthy workplace — where in almost every case in this country, what you really have is a hierarchical, routine, dull, indifferent, and more and more these days, a toxic and unhealthy workplace,” said John Patrick Leary, author of “\u003ca href=\"https://www.haymarketbooks.org/books/1243-keywords\">Keywords: The New Language of Capitalism\u003c/a>.”\u003c/p>\n\u003cp>Leary adds these titles aren’t just about trying to make workers feel better about their jobs, but consumers, too. The names puts a positive gloss on low-wage labor for customers who might feel guilty being served by people working jobs for little pay or satisfaction.\u003c/p>\n\u003cp>Leary says terms like “associate” or “sandwich artist” are so absurd they are disorienting and block critique. “It can make you feel kind of crazy sometimes,” he said. “Like, ‘Am I the only person who thinks calling the person who checks you out at Target an associate is kind of ridiculous given their place in the Target hierarchy?’ It’s part of this saturation of dishonesty and lies that you are surrounded by that can make you feel a little bit overwhelmed.”\u003c/p>\n\u003cp>Gig companies like Uber and DoorDash have taken the titling of workers to a new level. Almost every company comes up with a particular name for workers, and typically, the term mirrors the company name. People doing tasks for TaskRabbit are called “taskers.” People delivering food for DoorDash are called “dashers.” People gathering up and recharging e-scooters for Lime are called “juicers.”\u003c/p>\n\u003ch2>A new economic model\u003c/h2>\n\u003cp>Unlike the “champions” of Taco Bell, or “cast members” of Disney, executives at DoorDash, Uber and the like also claim that their workers are not employees at all, but independent business owners the company is just connecting to clients through an online platform.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"John Patrick Leary, author of 'Keywords: The New Language of Capitalism'\"]\"They conjure a kind of egalitarian, creative, nurturing, healthy workplace — where in almost every case in this country, what you really have is a hierarchical, routine, dull, indifferent, and more and more these days, a toxic and unhealthy workplace.\"[/pullquote]Labor lawyer Caitlin Vega said these invented names help bolster this argument. \"They [the gig companies] invented these terms to describe the work that they do that I think is meant to capture both that you should be loyal to the company, and yet we don’t owe you anything,” she said.\u003c/p>\n\u003cp>Many of the invented terms at gig companies obscure the labor of workers in a more drastic way than the aggrandizing titles given to employees at companies like Target and Walmart.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Back in 2013, the marketing team at Lyft pushed this rebranding of work to the extreme. In advertisements, cheery narrators told consumers that Lyft drivers were “your friend with a car.” Customers were encouraged to sit in the front seat and fist-bump drivers.\u003c/p>\n\u003cp>Early Uber marketing material promised drivers they could own their own businesses and work without a boss. In fliers and ads, the company boasted about creating more than 100,000 “entrepreneurs.” The company then adopted the term “driver partners.” Most recently, Uber managers and PR people have been calling workers “earners.”\u003c/p>\n\u003cp>These invented terms have legal and economic significance. In 2013, lawyers and executives at Uber and Lyft were able to get the California Public Utilities Commission to write into law an entirely new regulatory category for their business: transportation network companies, or TNCs. This allowed TNCs to steer clear of local taxi and transportation laws, as well as laws governing TNC drivers.\u003c/p>\n\u003cp>This was part of the whole “sharing economy” trend \u003ca href=\"https://www.kqed.org/news/10851717/the-movement-to-kill-the-phrase-sharing-economy\">that journalists and politicians helped invent and inflate in the early days of Uber, Lyft and Airbnb\u003c/a>. Neither “rideshare” nor “sharing economy” has ever made any sense if you take into account any dictionary definition of the word sharing. Nevertheless, the term rideshare is still in use today. \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3668606\">Here’s a whole essay on the complicity of tech media, if you're curious.\u003c/a>\u003c/p>\n\u003cp>California’s Supreme Court, attorney general and Legislature agree there’s one accurate term for gig workers: employees, a term that guarantees benefits and protections. \u003ca href=\"https://www.kqed.org/news/11843123/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure\">But gig companies spent more than $200 million on Proposition 22\u003c/a>, which legalized a new sub-employee category. It comes with limited benefits, but the company still controls how the workers work and how they get paid.\u003c/p>\n\u003cp>While Sam Walton at Walmart helped mainstream fancy titles for low-paid employees, executives at gig companies like Lyft and Instacart have succeeded in passing labor laws that created a whole new legally defined sub-employee class for their workers. The new term for this sub-employee category? “Independent contractor plus.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Made-up names help companies bolster the argument that the workers don't deserve employee benefits.","status":"publish","parent":0,"modified":1609271065,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":1061},"headData":{"title":"'Dashers,' 'Taskers' and Other Euphemisms Obscure Real Losses for Gig Workers | KQED","description":"Made-up names help companies bolster the argument that the workers don't deserve employee benefits.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Dashers,' 'Taskers' and Other Euphemisms Obscure Real Losses for Gig Workers","datePublished":"2020-12-29T14:00:11.000Z","dateModified":"2020-12-29T19:44:25.000Z","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":"11852498 https://ww2.kqed.org/news/?p=11852498","disqusUrl":"https://ww2.kqed.org/news/2020/12/29/dashers-taskers-and-other-euphemisms-obscure-real-losses-for-gig-workers/","disqusTitle":"'Dashers,' 'Taskers' and Other Euphemisms Obscure Real Losses for Gig Workers","path":"/news/11852498/dashers-taskers-and-other-euphemisms-obscure-real-losses-for-gig-workers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>“Rideshare drivers,” “dashers,” “taskers,” “driver partners,” “entrepreneurs,\" “earners”: There's a long list of euphemisms for low-wage service workers in the U.S. today.\u003c/p>\n\u003cp>The \"cute\" monikers don't just constitute a clever strategy by the public relations departments at companies like Uber and Lyft. These firms have made billions by calling their workers contractors, thereby denying them basic employee protections and benefits.\u003c/p>\n\u003cp>While so-called gig companies are best known for the practice these days, American companies have been making up names for low-wage workers for decades. Since the 1970s, managers and executives have created increasingly elaborate titles for workers at the same time they have weakened benefits, held wages stagnant, undermined unions and replaced full-time positions with part-time contract work. \u003ca href=\"https://www.kqed.org/howwegothere\">Here's a three-hour radio documentary about how they did all that.\u003c/a>\u003c/p>\n\u003ch2>A long history\u003c/h2>\n\u003cp>In 1975, Walmart CEO Sam Walton decided the people staffing his stores would henceforth be called “associates.”\u003c/p>\n\u003cp>Today, Subway employees are called “sandwich artists.” Taco Bell cashiers, “champions.” Amazon workers, ”Amazonians.” At Disney World, managers call everyone from the janitor to the person inside the Mickey Mouse costume a “cast member.”\u003c/p>\n\u003cfigure id=\"attachment_11852714\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"size-full wp-image-11852714\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272.jpg\" alt=\"Say hello to a “cast member” at the Disneyland Resort in Anaheim. \" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272-2048x1366.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/GettyImages-1226305272-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Say hello to a “cast member” at the Disneyland Resort in Anaheim. \u003ccite>(Photo by Derek Lee/Disneyland Resort via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“They conjure a kind of egalitarian, creative, nurturing, healthy workplace — where in almost every case in this country, what you really have is a hierarchical, routine, dull, indifferent, and more and more these days, a toxic and unhealthy workplace,” said John Patrick Leary, author of “\u003ca href=\"https://www.haymarketbooks.org/books/1243-keywords\">Keywords: The New Language of Capitalism\u003c/a>.”\u003c/p>\n\u003cp>Leary adds these titles aren’t just about trying to make workers feel better about their jobs, but consumers, too. The names puts a positive gloss on low-wage labor for customers who might feel guilty being served by people working jobs for little pay or satisfaction.\u003c/p>\n\u003cp>Leary says terms like “associate” or “sandwich artist” are so absurd they are disorienting and block critique. “It can make you feel kind of crazy sometimes,” he said. “Like, ‘Am I the only person who thinks calling the person who checks you out at Target an associate is kind of ridiculous given their place in the Target hierarchy?’ It’s part of this saturation of dishonesty and lies that you are surrounded by that can make you feel a little bit overwhelmed.”\u003c/p>\n\u003cp>Gig companies like Uber and DoorDash have taken the titling of workers to a new level. Almost every company comes up with a particular name for workers, and typically, the term mirrors the company name. People doing tasks for TaskRabbit are called “taskers.” People delivering food for DoorDash are called “dashers.” People gathering up and recharging e-scooters for Lime are called “juicers.”\u003c/p>\n\u003ch2>A new economic model\u003c/h2>\n\u003cp>Unlike the “champions” of Taco Bell, or “cast members” of Disney, executives at DoorDash, Uber and the like also claim that their workers are not employees at all, but independent business owners the company is just connecting to clients through an online platform.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"\"They conjure a kind of egalitarian, creative, nurturing, healthy workplace — where in almost every case in this country, what you really have is a hierarchical, routine, dull, indifferent, and more and more these days, a toxic and unhealthy workplace.\"","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"John Patrick Leary, author of 'Keywords: The New Language of Capitalism'","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Labor lawyer Caitlin Vega said these invented names help bolster this argument. \"They [the gig companies] invented these terms to describe the work that they do that I think is meant to capture both that you should be loyal to the company, and yet we don’t owe you anything,” she said.\u003c/p>\n\u003cp>Many of the invented terms at gig companies obscure the labor of workers in a more drastic way than the aggrandizing titles given to employees at companies like Target and Walmart.\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>Back in 2013, the marketing team at Lyft pushed this rebranding of work to the extreme. In advertisements, cheery narrators told consumers that Lyft drivers were “your friend with a car.” Customers were encouraged to sit in the front seat and fist-bump drivers.\u003c/p>\n\u003cp>Early Uber marketing material promised drivers they could own their own businesses and work without a boss. In fliers and ads, the company boasted about creating more than 100,000 “entrepreneurs.” The company then adopted the term “driver partners.” Most recently, Uber managers and PR people have been calling workers “earners.”\u003c/p>\n\u003cp>These invented terms have legal and economic significance. In 2013, lawyers and executives at Uber and Lyft were able to get the California Public Utilities Commission to write into law an entirely new regulatory category for their business: transportation network companies, or TNCs. This allowed TNCs to steer clear of local taxi and transportation laws, as well as laws governing TNC drivers.\u003c/p>\n\u003cp>This was part of the whole “sharing economy” trend \u003ca href=\"https://www.kqed.org/news/10851717/the-movement-to-kill-the-phrase-sharing-economy\">that journalists and politicians helped invent and inflate in the early days of Uber, Lyft and Airbnb\u003c/a>. Neither “rideshare” nor “sharing economy” has ever made any sense if you take into account any dictionary definition of the word sharing. Nevertheless, the term rideshare is still in use today. \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3668606\">Here’s a whole essay on the complicity of tech media, if you're curious.\u003c/a>\u003c/p>\n\u003cp>California’s Supreme Court, attorney general and Legislature agree there’s one accurate term for gig workers: employees, a term that guarantees benefits and protections. \u003ca href=\"https://www.kqed.org/news/11843123/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure\">But gig companies spent more than $200 million on Proposition 22\u003c/a>, which legalized a new sub-employee category. It comes with limited benefits, but the company still controls how the workers work and how they get paid.\u003c/p>\n\u003cp>While Sam Walton at Walmart helped mainstream fancy titles for low-paid employees, executives at gig companies like Lyft and Instacart have succeeded in passing labor laws that created a whole new legally defined sub-employee class for their workers. The new term for this sub-employee category? “Independent contractor plus.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11852498/dashers-taskers-and-other-euphemisms-obscure-real-losses-for-gig-workers","authors":["253"],"categories":["news_1758","news_8","news_248"],"tags":["news_26532","news_27626","news_28958","news_26585","news_25039","news_4524","news_28581","news_28695","news_22800","news_353","news_17735","news_4523","news_1563"],"featImg":"news_11852661","label":"news"},"news_11849055":{"type":"posts","id":"news_11849055","meta":{"index":"posts_1591205157","site":"news","id":"11849055","score":null,"sort":[1607118626000]},"guestAuthors":[],"slug":"tired-of-big-tech-co-ops-appeal-to-delivery-workers-burned-by-gigs","title":"Tired of Big Tech, Co-ops Appeal to Delivery Workers Burned by Gigs","publishDate":1607118626,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>If you order food from DoorDash, Uber Eats or Postmates, there's a pretty good chance the person who delivers your meal has far fewer labor protections and benefits than you do.[pullquote align=\"right\" size=\"medium\" citation=\"Gerry Valencia, bike courier\"]\"My mom doesn’t understand how I am a worker and an owner. If something happens, she’s like, 'How do your bosses feel about that?' And I’m like, 'Mom, I am the boss.' \"[/pullquote]Gig workers lack basic employee benefits such as a guaranteed minimum wage, overtime pay, workers’ compensation and unemployment insurance. And Proposition 22, which California voters \u003ca href=\"https://www.kqed.org/news/11843123/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure\">recently passed\u003c/a> after a historic spending campaign by gig companies, creates a new sub-employee category for those workers, codifying the lack of protections.\u003c/p>\n\u003cp>In the Bay Area, most restaurants are now using one of these three platforms to deliver their food to customers. But there are a small number of venues that have chosen to go with a local delivery option, one with a completely different ownership structure.\u003c/p>\n\u003cp>That service is called the \u003ca href=\"https://www.candlestickcourier.com/\">Candlestick Courier Collective\u003c/a> (CCC). And it was started not by eager web entrepreneurs with infusions of venture funding, but by people from the Bay Area's punk and fixed-gear bike scene who aspire to create a full-fledged co-op in which every rider has a share of ownership.\u003c/p>\n\u003cfigure id=\"attachment_11849756\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1.jpg\">\u003cimg class=\"size-full wp-image-11849756\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1.jpg\" alt=\"\" width=\"1920\" height=\"1103\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1-800x460.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1-1020x586.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1-160x92.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1-1536x882.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Bike couriers in front of the Candlestick Courier Collective in San Francisco's Tenderloin neighborhood. \u003ccite>(Sam Harnett/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The effort is the latest iteration of a bike courier service that has been in the Bay Area since the early 2000s — mainly operating as an anarchist collective — with four owner-workers and a network of some 60 independent bike messengers. The collective is in the process of transitioning into a co-op, in which independent messengers will have a share of ownership in the business.\u003c/p>\n\u003cp>Headquartered just a few blocks from Uber headquarters in San Francisco’s Tenderloin neighborhood, the cavernous warehouse-like space is empty except a small office made of plywood, racks of bikes and a backroom outfitted with a drum set. Throughout the day, tattooed and pierced bike messengers pop in and out, grabbing radios and bikes, which are all communal.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The collective's clients are all local small businesses — primarily restaurants, including longtime regulars Udupi Palace, Jay’s Cheesesteak and Miss Saigon. Food ordered from them is delivered by a Candlestick Courier, not a gig worker from one of the big app services.\u003c/p>\n\u003cfigure id=\"attachment_11849705\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11849705 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46179_022_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46179_022_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46179_022_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46179_022_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46179_022_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46179_022_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Tasha Rose, one of four owner-workers at the Candlestick Courier Collective in San Francisco. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We are working with local businesses and only local businesses because the whole goal is to put the money back into our pockets, back into restaurant pockets, back into the community,” said Tasha Rose, one of the four owner-workers.\u003c/p>\n\u003cp>At one point during college, while studying at UC Berkeley, Rose said she was so desperate for money she drove for Lyft, something she vows to never to do again.\u003c/p>\n\u003cp>“I would so much rather put that work and that time and that blood and sweat and tears into this,” she said.\u003c/p>\n\u003cp>Apps are constantly approaching the collective to “collaborate,” said Pierce McCleary, another worker-owner at CCC. “We’re really, really weary of new partners that seek our services because they’re really just trying to exploit our labor.\"\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"gig-workers\"]The collective has been burned before — twice — and badly. First, it was with Grubhub, which had been partnering with couriers across the country. McCleary said the food-app company in 2017 canceled all its courier contracts overnight, and took over those services. Postmates, another food-ordering app, similarly made off with local bike courier’s clients, McCleary said.\u003c/p>\n\u003cp>“The second they get successful enough to vertically integrate and do it all their own, they’re going to kick you out the door,” he said.\u003c/p>\n\u003cp>McCleary said he's disappointed California voted for Proposition 22. Allowing these companies to keep denying their workers benefits, he said, gives the big app services an unfair advantage against businesses like his that are trying to offer employee status to workers, let alone a shared-ownership co-op model.\u003c/p>\n\u003cp>Although still small, the collective has grown markedly during the pandemic, as more people rely on delivery service for many of their needs. In addition to food delivery, customers can also hire the service for general courier tasks.\u003c/p>\n\u003cp>The collective also recently started working with the New Harmony Cafe in San Francisco’s Mission District, which is participating in the \u003ca href=\"https://sfnewdeal.org/\">SF New Deal\u003c/a> program to provide food to quarantining seniors.\u003c/p>\n\u003cp>Ben Angel, the cafe's owner, said it felt right to work with a collective rather than a delivery app that uses gig workers.\u003c/p>\n\u003cfigure id=\"attachment_11849702\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11849702 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46180_023_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46180_023_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46180_023_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46180_023_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46180_023_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46180_023_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Bike courier Gerry Valencia helps prepare a flower delivery order at the Candlestick Courier Collective's headquarters in San Francisco's Tenderloin neighborhood on Dec. 2, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It’s a groundswell from the community instead, as opposed to, you know, a venture-funded, hyper-growth, ‘Let’s extract as much from the people and the companies that are our clients and customers,’ ” Angel said. “I used to work in tech and there are some great tech companies out there, but there are a lot of places that put profit over everything else.”\u003c/p>\n\u003cp>Gerry Valencia, one of CCC's couriers, started working for the collective right at the beginning of the pandemic, and he said he likes that he is delivering exclusively for local businesses.\u003c/p>\n\u003cp>“I’d rather know who I’m working for and who I’m delivering for, rather than — today I am going to this random fast food spot that I’m never going to see again and deliver to these people for a faceless app,” he said.\u003c/p>\n\u003cp>Valencia’s parents are both immigrants. His father works as a gardener, his mom as a maid.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“My mom doesn’t understand how I am a worker and an owner,” he said. “If something happens, she’s like, ‘How do your bosses feel about that?’ And I’m like, 'Mom, I am the boss. I just talk to the other ones and I explain this thing happened and they all understand.’ ”\u003c/p>\n\n","blocks":[],"excerpt":"In a complete departure from the gig-worker business model, members of the Candlestick Courier Collective aspire to create a full-fledged co-op in which every rider has a share of ownership.","status":"publish","parent":0,"modified":1607149947,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1095},"headData":{"title":"Tired of Big Tech, Co-ops Appeal to Delivery Workers Burned by Gigs | KQED","description":"In a complete departure from the gig-worker business model, members of the Candlestick Courier Collective aspire to create a full-fledged co-op in which every rider has a share of ownership.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Tired of Big Tech, Co-ops Appeal to Delivery Workers Burned by Gigs","datePublished":"2020-12-04T21:50:26.000Z","dateModified":"2020-12-05T06:32:27.000Z","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":"11849055 https://ww2.kqed.org/news/?p=11849055","disqusUrl":"https://ww2.kqed.org/news/2020/12/04/tired-of-big-tech-co-ops-appeal-to-delivery-workers-burned-by-gigs/","disqusTitle":"Tired of Big Tech, Co-ops Appeal to Delivery Workers Burned by Gigs","path":"/news/11849055/tired-of-big-tech-co-ops-appeal-to-delivery-workers-burned-by-gigs","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>If you order food from DoorDash, Uber Eats or Postmates, there's a pretty good chance the person who delivers your meal has far fewer labor protections and benefits than you do.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"\"My mom doesn’t understand how I am a worker and an owner. If something happens, she’s like, 'How do your bosses feel about that?' And I’m like, 'Mom, I am the boss.' \"","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Gerry Valencia, bike courier","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Gig workers lack basic employee benefits such as a guaranteed minimum wage, overtime pay, workers’ compensation and unemployment insurance. And Proposition 22, which California voters \u003ca href=\"https://www.kqed.org/news/11843123/prop-22-explained-why-gig-companies-are-spending-huge-money-on-an-unprecedented-measure\">recently passed\u003c/a> after a historic spending campaign by gig companies, creates a new sub-employee category for those workers, codifying the lack of protections.\u003c/p>\n\u003cp>In the Bay Area, most restaurants are now using one of these three platforms to deliver their food to customers. But there are a small number of venues that have chosen to go with a local delivery option, one with a completely different ownership structure.\u003c/p>\n\u003cp>That service is called the \u003ca href=\"https://www.candlestickcourier.com/\">Candlestick Courier Collective\u003c/a> (CCC). And it was started not by eager web entrepreneurs with infusions of venture funding, but by people from the Bay Area's punk and fixed-gear bike scene who aspire to create a full-fledged co-op in which every rider has a share of ownership.\u003c/p>\n\u003cfigure id=\"attachment_11849756\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1.jpg\">\u003cimg class=\"size-full wp-image-11849756\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1.jpg\" alt=\"\" width=\"1920\" height=\"1103\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1-800x460.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1-1020x586.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1-160x92.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/ccc-1-1536x882.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Bike couriers in front of the Candlestick Courier Collective in San Francisco's Tenderloin neighborhood. \u003ccite>(Sam Harnett/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The effort is the latest iteration of a bike courier service that has been in the Bay Area since the early 2000s — mainly operating as an anarchist collective — with four owner-workers and a network of some 60 independent bike messengers. The collective is in the process of transitioning into a co-op, in which independent messengers will have a share of ownership in the business.\u003c/p>\n\u003cp>Headquartered just a few blocks from Uber headquarters in San Francisco’s Tenderloin neighborhood, the cavernous warehouse-like space is empty except a small office made of plywood, racks of bikes and a backroom outfitted with a drum set. Throughout the day, tattooed and pierced bike messengers pop in and out, grabbing radios and bikes, which are all communal.\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 collective's clients are all local small businesses — primarily restaurants, including longtime regulars Udupi Palace, Jay’s Cheesesteak and Miss Saigon. Food ordered from them is delivered by a Candlestick Courier, not a gig worker from one of the big app services.\u003c/p>\n\u003cfigure id=\"attachment_11849705\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11849705 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46179_022_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46179_022_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46179_022_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46179_022_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46179_022_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46179_022_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Tasha Rose, one of four owner-workers at the Candlestick Courier Collective in San Francisco. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“We are working with local businesses and only local businesses because the whole goal is to put the money back into our pockets, back into restaurant pockets, back into the community,” said Tasha Rose, one of the four owner-workers.\u003c/p>\n\u003cp>At one point during college, while studying at UC Berkeley, Rose said she was so desperate for money she drove for Lyft, something she vows to never to do again.\u003c/p>\n\u003cp>“I would so much rather put that work and that time and that blood and sweat and tears into this,” she said.\u003c/p>\n\u003cp>Apps are constantly approaching the collective to “collaborate,” said Pierce McCleary, another worker-owner at CCC. “We’re really, really weary of new partners that seek our services because they’re really just trying to exploit our labor.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"gig-workers"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The collective has been burned before — twice — and badly. First, it was with Grubhub, which had been partnering with couriers across the country. McCleary said the food-app company in 2017 canceled all its courier contracts overnight, and took over those services. Postmates, another food-ordering app, similarly made off with local bike courier’s clients, McCleary said.\u003c/p>\n\u003cp>“The second they get successful enough to vertically integrate and do it all their own, they’re going to kick you out the door,” he said.\u003c/p>\n\u003cp>McCleary said he's disappointed California voted for Proposition 22. Allowing these companies to keep denying their workers benefits, he said, gives the big app services an unfair advantage against businesses like his that are trying to offer employee status to workers, let alone a shared-ownership co-op model.\u003c/p>\n\u003cp>Although still small, the collective has grown markedly during the pandemic, as more people rely on delivery service for many of their needs. In addition to food delivery, customers can also hire the service for general courier tasks.\u003c/p>\n\u003cp>The collective also recently started working with the New Harmony Cafe in San Francisco’s Mission District, which is participating in the \u003ca href=\"https://sfnewdeal.org/\">SF New Deal\u003c/a> program to provide food to quarantining seniors.\u003c/p>\n\u003cp>Ben Angel, the cafe's owner, said it felt right to work with a collective rather than a delivery app that uses gig workers.\u003c/p>\n\u003cfigure id=\"attachment_11849702\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11849702 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46180_023_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46180_023_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46180_023_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46180_023_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46180_023_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/RS46180_023_KQED_SanFrancisco_CandlestickCourierCollective_12022020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Bike courier Gerry Valencia helps prepare a flower delivery order at the Candlestick Courier Collective's headquarters in San Francisco's Tenderloin neighborhood on Dec. 2, 2020. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It’s a groundswell from the community instead, as opposed to, you know, a venture-funded, hyper-growth, ‘Let’s extract as much from the people and the companies that are our clients and customers,’ ” Angel said. “I used to work in tech and there are some great tech companies out there, but there are a lot of places that put profit over everything else.”\u003c/p>\n\u003cp>Gerry Valencia, one of CCC's couriers, started working for the collective right at the beginning of the pandemic, and he said he likes that he is delivering exclusively for local businesses.\u003c/p>\n\u003cp>“I’d rather know who I’m working for and who I’m delivering for, rather than — today I am going to this random fast food spot that I’m never going to see again and deliver to these people for a faceless app,” he said.\u003c/p>\n\u003cp>Valencia’s parents are both immigrants. His father works as a gardener, his mom as a maid.\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>“My mom doesn’t understand how I am a worker and an owner,” he said. “If something happens, she’s like, ‘How do your bosses feel about that?’ And I’m like, 'Mom, I am the boss. I just talk to the other ones and I explain this thing happened and they all understand.’ ”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11849055/tired-of-big-tech-co-ops-appeal-to-delivery-workers-burned-by-gigs","authors":["253"],"categories":["news_8"],"tags":["news_21276","news_17994","news_26585","news_28581","news_28695"],"featImg":"news_11849758","label":"news"}},"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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Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.","airtime":"MON-FRI 3am-9am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/morning-edition/","meta":{"site":"news","source":"npr"},"link":"/radio/program/morning-edition"},"onourwatch":{"id":"onourwatch","title":"On Our Watch","tagline":"Police secrets, unsealed","info":"For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us","airtime":"SUN 2pm-3pm, MON 12am-1am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png","officialWebsiteLink":"https://www.wnycstudios.org/shows/otm","meta":{"site":"news","source":"wnyc"},"link":"/radio/program/on-the-media","subscribe":{"apple":"https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2","tuneIn":"https://tunein.com/radio/On-the-Media-p69/","rss":"http://feeds.wnyc.org/onthemedia"}},"our-body-politic":{"id":"our-body-politic","title":"Our Body Politic","info":"Presented by KQED, KCRW and KPCC, and created and hosted by award-winning journalist Farai Chideya, Our Body Politic is unapologetically centered on reporting on not just how women of color experience the major political events of today, but how they’re impacting those very issues.","airtime":"SAT 6pm-7pm, SUN 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Our-Body-Politic-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://our-body-politic.simplecast.com/","meta":{"site":"news","source":"kcrw"},"link":"/radio/program/our-body-politic","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/our-body-politic/id1533069868","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS9feGFQaHMxcw","spotify":"https://open.spotify.com/show/4ApAiLT1kV153TttWAmqmc","rss":"https://feeds.simplecast.com/_xaPhs1s","tuneIn":"https://tunein.com/podcasts/News--Politics-Podcasts/Our-Body-Politic-p1369211/"}},"pbs-newshour":{"id":"pbs-newshour","title":"PBS NewsHour","info":"Analysis, background reports and updates from the PBS NewsHour putting today's news in context.","airtime":"MON-FRI 3pm-4pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.pbs.org/newshour/","meta":{"site":"news","source":"pbs"},"link":"/radio/program/pbs-newshour","subscribe":{"apple":"https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2","tuneIn":"https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/","rss":"https://www.pbs.org/newshour/feeds/rss/podcasts/show"}},"perspectives":{"id":"perspectives","title":"Perspectives","tagline":"KQED's series of of daily listener commentaries since 1991","info":"KQED's series of of daily listener commentaries since 1991.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Perspectives-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/perspectives/","meta":{"site":"radio","source":"kqed","order":"15"},"link":"/perspectives","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/id73801135","npr":"https://www.npr.org/podcasts/432309616/perspectives","rss":"https://ww2.kqed.org/perspectives/category/perspectives/feed/","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvcGVyc3BlY3RpdmVzL2NhdGVnb3J5L3BlcnNwZWN0aXZlcy9mZWVkLw"}},"planet-money":{"id":"planet-money","title":"Planet Money","info":"The economy explained. 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