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Before that, she was a New York Women’s Foundation IGNITE Fellow at Latino USA. She worked at Radio Bilingue where she covered the San Joaquin Valley. Maria has interned at WLRN, News 21, The New York Times Student Journalism Institute and at Crain’s Detroit Business as a Dow Jones News Fund Business Reporting Intern. She is an MFA graduate from the University of Miami. In 2017, she graduated from the Walter Cronkite School of Journalism and Mass Communication with a Master of Mass Communication. A fronteriza, she was born in Ciudad Juárez, Chihuahua, Mexico and grew up in El Paso, Texas.","avatar":"https://secure.gravatar.com/avatar/77cedba18aae91da775038ba06dcd8d0?s=600&d=blank&r=g","twitter":"@m_esquinca","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]}],"headData":{"title":"Maria Esquinca | KQED","description":"Producer, The Bay","ogImgSrc":"https://secure.gravatar.com/avatar/77cedba18aae91da775038ba06dcd8d0?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/77cedba18aae91da775038ba06dcd8d0?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mesquinca"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11966365":{"type":"posts","id":"news_11966365","meta":{"index":"posts_1591205157","site":"news","id":"11966365","score":null,"sort":[1699106449000]},"guestAuthors":[],"slug":"nearly-200-uber-sexual-assault-cases-are-being-grouped-together-in-1-sf-court","title":"Nearly 200 Uber Sexual Assault Cases Are Being Grouped Together in 1 SF Court","publishDate":1699106449,"format":"standard","headTitle":"Nearly 200 Uber Sexual Assault Cases Are Being Grouped Together in 1 SF Court | KQED","labelTerm":{"site":"news"},"content":"\u003cp>More than 175 individual sexual assault cases against Uber were recently consolidated, each of which similarly claims the San Francisco-based ride-share company hasn’t done enough to protect passengers. And on Friday, the parties involved met for the first time before a federal judge in San Francisco.\u003c/p>\n\u003cp>Uber’s terms of use preclude class-action lawsuits against the company in cases of sexual assault. But, over the company’s objections, plaintiffs’ attorneys argued the current cases are similar enough to warrant “multidistrict litigation,” which brings together similar cases from multiple court districts.\u003c/p>\n\u003cp>In the coming months, U.S. District Judge Charles Breyer will hear pretrial matters that pertain to all the cases and ultimately decide whether to take on what’s called a “bellwether trial” or a smaller sampling of lawsuits from a larger group of similar cases. If he declines to do so, the individual cases will ultimately head back to their home states for trial.\u003c/p>\n\u003cp>This comes as another consolidated set of lawsuits was recently filed against Uber that also accuses the company of failing to adequately ensure the safety of its passengers in California.\u003c/p>\n\u003cp>“We think they’re putting profits over safety every day,” said Bret Stanley, a Houston-based personal injury lawyer, whose firm, Kherkher Garcia, is one of about 15 involved in Uber’s “multidistrict litigation” — or as he likes to calls it, “class action’s cousin.”[aside label=\"related coverage\" tag=\"uber\"]In recent years, scores of passengers have alleged being sexually assaulted by drivers while riding with Uber and\u003ca href=\"https://www.nytimes.com/2019/12/05/business/lyft-sexual-assault-lawsuit.html\"> Lyft\u003c/a> — with allegations ranging from groping to rape to \u003ca href=\"https://www.cbsnews.com/news/woman-allegedly-kidnapped-by-fake-uber-driver-rescued-after-slipping-note-to-gas-station-customer-arizona/\">kidnapping\u003c/a> — and sued the companies for failing to provide adequate safeguards.\u003c/p>\n\u003cp>Uber told KQED it could not comment on pending litigation. But it stressed that the vast majority — 99.9% — of the billions of trips it makes are completed without any reported safety incidents.\u003c/p>\n\u003cp>“Uber is going to say, ‘99% of the time, we’re good.’ Well, .1% of a billion is 1 million! Right? The numbers are so huge,” Stanley said. “We really do want to force change.”\u003c/p>\n\u003cp>He said Uber is well aware of the steps it can take to make rides safer.\u003c/p>\n\u003cp>“Because they know more data about these drivers than anyone,” he said. “Uber collects data on drivers on every single trip. And they should not be exposing people to safety risks if they have reason to believe that this person is unsafe or has done, previously, sexually inappropriate things in the vehicle.”\u003c/p>\n\u003cp>In 2018, Uber introduced a number of safety features, including an in-app\u003ca href=\"https://techcrunch.com/2018/05/29/uber-adds-911-assistance-to-rider-app/#:~:text=As%20you%20can%20see%20below,shows%20it%20in%20the%20app.\"> 911 button\u003c/a> and location sharing. Last year, it announced a partnership with ADT, a security firm, and added the capacity for passengers to \u003ca href=\"https://techcrunch.com/2021/12/02/uber-pilots-safety-feature-that-allows-users-to-record-audio-during-a-ride/\">record audio\u003c/a> in its app and request\u003ca href=\"https://techcrunch.com/2022/08/30/uber-partners-with-adt-to-let-riders-get-in-touch-with-a-life-safety-agent/\"> live help from an ADT safety agent\u003c/a>.\u003c/p>\n\u003cp>But Stanley and other parties suing Uber argue those steps don’t go far enough and say the company should implement stronger safeguards, like tougher background checks and video recordings of every ride. They also say Uber should immediately deactivate the accounts of drivers who have been recorded engaging in inappropriate behavior.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>Although Uber has long resisted implementing stricter background checks, it launched last year a\u003ca href=\"https://www.uber.com/newsroom/safety-in-the-drivers-seat/\"> voluntary in-ride video recording pilot program\u003c/a> in a handful of cities.\u003c/p>\n\u003cp>Some longtime Uber drivers, like Sergio Avedian, pay for their own dashcams as a personal safety measure.\u003c/p>\n\u003cp>“I think it’s a huge deterrent,” Avedian said of his dashcam, which he claims has prevented some passengers from behaving inappropriately.\u003c/p>\n\u003cp>“You’re on your own as a driver and a passenger,” said Avedian, a senior contributor to \u003ca href=\"https://therideshareguy.com/\">The Rideshare Guy blog and the host of its podcast. \u003c/a>\u003c/p>\n\u003cp>In fact, roughly half of Uber’s sexual assault allegations involve \u003ca href=\"https://www.uber.com/us/en/about/reports/us-safety-report/\">passengers assaulting drivers\u003c/a>, the company reported.\u003c/p>\n\u003cp>Avedian said he thinks passengers should have to opt out of allowing video recordings during rides rather than opting in. The cost of installing dashcams in every car is nominal, he said, and in a world where people regularly overshare on social media anyway, the potential privacy concerns seem relatively negligible, particularly if it enhances safety.\u003c/p>\n\u003cp>“My safety trumps privacy, and passenger safety should trump privacy,” Avedian said. “Because, again, you’re in a car with a stranger. All it takes is one of these instances to change your life forever.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Passengers can't file class-action lawsuits against Uber in cases of sexual assault. But plaintiffs successfully argued that the current cases, filed in multiple courts around the country, are similar enough to bring them together under one roof.","status":"publish","parent":0,"modified":1699058560,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":765},"headData":{"title":"Nearly 200 Uber Sexual Assault Cases Are Being Grouped Together in 1 SF Court | KQED","description":"Passengers can't file class-action lawsuits against Uber in cases of sexual assault. But plaintiffs successfully argued that the current cases, filed in multiple courts around the country, are similar enough to bring them together under one roof.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Nearly 200 Uber Sexual Assault Cases Are Being Grouped Together in 1 SF Court","datePublished":"2023-11-04T14:00:49.000Z","dateModified":"2023-11-04T00:42:40.000Z","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"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11966365/nearly-200-uber-sexual-assault-cases-are-being-grouped-together-in-1-sf-court","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>More than 175 individual sexual assault cases against Uber were recently consolidated, each of which similarly claims the San Francisco-based ride-share company hasn’t done enough to protect passengers. And on Friday, the parties involved met for the first time before a federal judge in San Francisco.\u003c/p>\n\u003cp>Uber’s terms of use preclude class-action lawsuits against the company in cases of sexual assault. But, over the company’s objections, plaintiffs’ attorneys argued the current cases are similar enough to warrant “multidistrict litigation,” which brings together similar cases from multiple court districts.\u003c/p>\n\u003cp>In the coming months, U.S. District Judge Charles Breyer will hear pretrial matters that pertain to all the cases and ultimately decide whether to take on what’s called a “bellwether trial” or a smaller sampling of lawsuits from a larger group of similar cases. If he declines to do so, the individual cases will ultimately head back to their home states for trial.\u003c/p>\n\u003cp>This comes as another consolidated set of lawsuits was recently filed against Uber that also accuses the company of failing to adequately ensure the safety of its passengers in California.\u003c/p>\n\u003cp>“We think they’re putting profits over safety every day,” said Bret Stanley, a Houston-based personal injury lawyer, whose firm, Kherkher Garcia, is one of about 15 involved in Uber’s “multidistrict litigation” — or as he likes to calls it, “class action’s cousin.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"uber"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In recent years, scores of passengers have alleged being sexually assaulted by drivers while riding with Uber and\u003ca href=\"https://www.nytimes.com/2019/12/05/business/lyft-sexual-assault-lawsuit.html\"> Lyft\u003c/a> — with allegations ranging from groping to rape to \u003ca href=\"https://www.cbsnews.com/news/woman-allegedly-kidnapped-by-fake-uber-driver-rescued-after-slipping-note-to-gas-station-customer-arizona/\">kidnapping\u003c/a> — and sued the companies for failing to provide adequate safeguards.\u003c/p>\n\u003cp>Uber told KQED it could not comment on pending litigation. But it stressed that the vast majority — 99.9% — of the billions of trips it makes are completed without any reported safety incidents.\u003c/p>\n\u003cp>“Uber is going to say, ‘99% of the time, we’re good.’ Well, .1% of a billion is 1 million! Right? The numbers are so huge,” Stanley said. “We really do want to force change.”\u003c/p>\n\u003cp>He said Uber is well aware of the steps it can take to make rides safer.\u003c/p>\n\u003cp>“Because they know more data about these drivers than anyone,” he said. “Uber collects data on drivers on every single trip. And they should not be exposing people to safety risks if they have reason to believe that this person is unsafe or has done, previously, sexually inappropriate things in the vehicle.”\u003c/p>\n\u003cp>In 2018, Uber introduced a number of safety features, including an in-app\u003ca href=\"https://techcrunch.com/2018/05/29/uber-adds-911-assistance-to-rider-app/#:~:text=As%20you%20can%20see%20below,shows%20it%20in%20the%20app.\"> 911 button\u003c/a> and location sharing. Last year, it announced a partnership with ADT, a security firm, and added the capacity for passengers to \u003ca href=\"https://techcrunch.com/2021/12/02/uber-pilots-safety-feature-that-allows-users-to-record-audio-during-a-ride/\">record audio\u003c/a> in its app and request\u003ca href=\"https://techcrunch.com/2022/08/30/uber-partners-with-adt-to-let-riders-get-in-touch-with-a-life-safety-agent/\"> live help from an ADT safety agent\u003c/a>.\u003c/p>\n\u003cp>But Stanley and other parties suing Uber argue those steps don’t go far enough and say the company should implement stronger safeguards, like tougher background checks and video recordings of every ride. They also say Uber should immediately deactivate the accounts of drivers who have been recorded engaging in inappropriate behavior.\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>Although Uber has long resisted implementing stricter background checks, it launched last year a\u003ca href=\"https://www.uber.com/newsroom/safety-in-the-drivers-seat/\"> voluntary in-ride video recording pilot program\u003c/a> in a handful of cities.\u003c/p>\n\u003cp>Some longtime Uber drivers, like Sergio Avedian, pay for their own dashcams as a personal safety measure.\u003c/p>\n\u003cp>“I think it’s a huge deterrent,” Avedian said of his dashcam, which he claims has prevented some passengers from behaving inappropriately.\u003c/p>\n\u003cp>“You’re on your own as a driver and a passenger,” said Avedian, a senior contributor to \u003ca href=\"https://therideshareguy.com/\">The Rideshare Guy blog and the host of its podcast. \u003c/a>\u003c/p>\n\u003cp>In fact, roughly half of Uber’s sexual assault allegations involve \u003ca href=\"https://www.uber.com/us/en/about/reports/us-safety-report/\">passengers assaulting drivers\u003c/a>, the company reported.\u003c/p>\n\u003cp>Avedian said he thinks passengers should have to opt out of allowing video recordings during rides rather than opting in. The cost of installing dashcams in every car is nominal, he said, and in a world where people regularly overshare on social media anyway, the potential privacy concerns seem relatively negligible, particularly if it enhances safety.\u003c/p>\n\u003cp>“My safety trumps privacy, and passenger safety should trump privacy,” Avedian said. “Because, again, you’re in a car with a stranger. All it takes is one of these instances to change your life forever.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11966365/nearly-200-uber-sexual-assault-cases-are-being-grouped-together-in-1-sf-court","authors":["251"],"categories":["news_8"],"tags":["news_4658","news_1527","news_353","news_4523"],"featImg":"news_11852661","label":"news"},"news_11959045":{"type":"posts","id":"news_11959045","meta":{"index":"posts_1591205157","site":"news","id":"11959045","score":null,"sort":[1692905354000]},"guestAuthors":[],"slug":"uber-raises-minimum-age-for-california-drivers-to-25-due-to-insurance-costs","title":"Uber Raises Minimum Age for California Drivers to 25 Due to Insurance Costs","publishDate":1692905354,"format":"standard","headTitle":"Uber Raises Minimum Age for California Drivers to 25 Due to Insurance Costs | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Uber raised the minimum age requirement for most of its new drivers in California to 25 on Thursday under rules the company said are necessary because of the rising costs of commercial auto insurance in the state.\u003c/p>\n\u003cp>The new rule applies only to drivers signing up to transport passengers with Uber’s ride-hailing platform, and not to those delivering food with Uber Eats. Previously, people as young as 21 could sign up to drive customers, and the age limit for deliveries was 19.\u003c/p>\n\u003cp>Those under 25 who activated their accounts prior to Wednesday can also continue to drive for Uber, the company said.[aside postID=news_11944344,news_11907530 label='More on Uber']Insurance rates for Uber’s California drivers are significantly higher than for personal vehicles or taxi drivers, according to a company statement announcing the change.\u003c/p>\n\u003cp>“As a result of these lopsided requirements, personal injury attorneys have created a cottage industry specializing in suing rideshare platforms like ours, pushing Uber’s California state-mandated commercial insurance costs to rise by more than 65% in just two years,” the company said. “By increasing the age requirement for new drivers to 25, we hope to mitigate the growth of those costs.”\u003c/p>\n\u003cp>All 50 states require commercial insurance for drivers to earn money with a ride-hailing service. Personal auto insurance typically doesn’t cover activity on ride-hailing apps. Uber maintains commercial auto insurance for drivers — including at least $1 million of liability coverage once a ride is accepted.\u003c/p>\n\u003cp>The minimum age is already 25 for those driving for Lyft.\u003c/p>\n\u003cp>Starting Thursday, drivers under 25 trying to sign up with Uber will receive an email explaining the new policy and providing a link to more information.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The new restriction coincides with a resurgence in passengers following a deep downturn due to the pandemic. Uber is now handling more rides than it did in 2019, raising the company’s hopes that it may finally realize its long-term goal of becoming consistently profitable. Realizing that objective has sharpened management’s focus on cost control, a factor that may have contributed to the decision to drop 25-and-under drivers.\u003c/p>\n\u003cp>Uber’s food delivery service, which will continue to let that demographic work as drivers, accounts for one-third of the company’s revenue.\u003c/p>\n\u003cp>Uber hopes to work with state lawmakers and industry experts “to discuss legislative and regulatory changes that will improve the experience for all California drivers,” according to its statement.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"With the number of riders rising, the company's focus is on becoming consistently profitable.","status":"publish","parent":0,"modified":1692905354,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":12,"wordCount":427},"headData":{"title":"Uber Raises Minimum Age for California Drivers to 25 Due to Insurance Costs | KQED","description":"With the number of riders rising, the company's focus is on becoming consistently profitable.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Uber Raises Minimum Age for California Drivers to 25 Due to Insurance Costs","datePublished":"2023-08-24T19:29:14.000Z","dateModified":"2023-08-24T19:29:14.000Z","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":"The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11959045/uber-raises-minimum-age-for-california-drivers-to-25-due-to-insurance-costs","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Uber raised the minimum age requirement for most of its new drivers in California to 25 on Thursday under rules the company said are necessary because of the rising costs of commercial auto insurance in the state.\u003c/p>\n\u003cp>The new rule applies only to drivers signing up to transport passengers with Uber’s ride-hailing platform, and not to those delivering food with Uber Eats. Previously, people as young as 21 could sign up to drive customers, and the age limit for deliveries was 19.\u003c/p>\n\u003cp>Those under 25 who activated their accounts prior to Wednesday can also continue to drive for Uber, the company said.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11944344,news_11907530","label":"More on Uber "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Insurance rates for Uber’s California drivers are significantly higher than for personal vehicles or taxi drivers, according to a company statement announcing the change.\u003c/p>\n\u003cp>“As a result of these lopsided requirements, personal injury attorneys have created a cottage industry specializing in suing rideshare platforms like ours, pushing Uber’s California state-mandated commercial insurance costs to rise by more than 65% in just two years,” the company said. “By increasing the age requirement for new drivers to 25, we hope to mitigate the growth of those costs.”\u003c/p>\n\u003cp>All 50 states require commercial insurance for drivers to earn money with a ride-hailing service. Personal auto insurance typically doesn’t cover activity on ride-hailing apps. Uber maintains commercial auto insurance for drivers — including at least $1 million of liability coverage once a ride is accepted.\u003c/p>\n\u003cp>The minimum age is already 25 for those driving for Lyft.\u003c/p>\n\u003cp>Starting Thursday, drivers under 25 trying to sign up with Uber will receive an email explaining the new policy and providing a link to more information.\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 new restriction coincides with a resurgence in passengers following a deep downturn due to the pandemic. Uber is now handling more rides than it did in 2019, raising the company’s hopes that it may finally realize its long-term goal of becoming consistently profitable. Realizing that objective has sharpened management’s focus on cost control, a factor that may have contributed to the decision to drop 25-and-under drivers.\u003c/p>\n\u003cp>Uber’s food delivery service, which will continue to let that demographic work as drivers, accounts for one-third of the company’s revenue.\u003c/p>\n\u003cp>Uber hopes to work with state lawmakers and industry experts “to discuss legislative and regulatory changes that will improve the experience for all California drivers,” according to its statement.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11959045/uber-raises-minimum-age-for-california-drivers-to-25-due-to-insurance-costs","authors":["byline_news_11959045"],"categories":["news_8"],"tags":["news_18159","news_4658","news_4523"],"featImg":"news_11959050","label":"news"},"news_11944344":{"type":"posts","id":"news_11944344","meta":{"index":"posts_1591205157","site":"news","id":"11944344","score":null,"sort":[1679526902000]},"guestAuthors":[],"slug":"no-reward-for-loyalty-gig-companies-winning-fight-to-classify-drivers-as-independent","title":"'No Reward for Loyalty': Gig Companies Winning Fight to Classify Drivers as Independent","publishDate":1679526902,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>After a California appeals court \u003ca href=\"https://www.politico.com/news/2023/03/13/california-court-lets-gig-companies-keep-treating-workers-as-contractors-00086898\">upheld most of Proposition 22\u003c/a> last week, it’s widely expected the Service Employees International Union (SEIU) will appeal to the state Supreme Court. That’s even though the union says it’s still considering its options.\u003c/p>\n\u003cp>[aside label=\"More California Coverage\" tag=\"california\"]\u003c/p>\n\u003cp>Tia Orr, executive director of SEIU California, wrote in an email to KQED, “Drivers have always led this movement, and we will follow their lead as we consider all options — whether that's seeking review from the California Supreme Court — to ensure that rideshare drivers and delivery workers have access to the same rights and protections afforded to other workers in California.”\u003c/p>\n\u003cp>\u003ca href=\"https://vig.cdn.sos.ca.gov/2020/general/pdf/topl-prop22.pdf\">Prop. 22 (PDF)\u003c/a> is widely perceived as a major carve-out of California labor law, allowing Uber, Lyft and similar businesses to classify their drivers as independent contractors, rather than employees. A lower court ruling \u003ca href=\"https://www.marketwatch.com/story/judge-shoots-down-landmark-law-that-kept-uber-and-lyft-drivers-from-being-employees-11629513964\">found the law unconstitutional\u003c/a>. But the \u003ca href=\"https://www.courts.ca.gov/opinions/documents/A163655.PDF\">two-judge majority on the state appeals panel disagreed (PDF)\u003c/a>, arguing state law has never provided generous labor protections to “all potentially eligible wage workers” in California. There are, for instance, \u003ca href=\"https://www.kqed.org/news/11939848/a-legacy-of-slavery-for-domestic-workers-californias-new-safety-guidelines-are-long-overdue-say-advocates\">long-standing carve-outs for domestic and agricultural workers\u003c/a>.\u003c/p>\n\u003ch2>Rideshare industry reaction exultant\u003c/h2>\n\u003cp>In a statement following the release of the decision, \u003ca href=\"https://www.lyft.com/blog/posts/lyft-statement-on-california-court-of-appeal-prop-22-decision\">Lyft officials wrote in a blog post\u003c/a>, “We are pleased that the court upheld the democratic will of the voters … We are excited to continue operating our service with no changes.”\u003c/p>\n\u003cfigure id=\"attachment_11944379\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11944379\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-scaled.jpg\" alt=\"A closeup shot of a black vehicle with a pink Lyft sticker and a black and white Uber sticker on the left side of its windshield. The vehicle sits idle waiting to pick up a customer.\" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Proposition 22 allows gig companies such as Uber and Lyft to classify their drivers as independent contractors, rather than employees. \u003ccite>(Ericka Cruz Guevarra/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Uber’s chief legal officer, Tony West, wrote in an email to KQED, “Across the state, drivers and couriers have said they are happy with Prop 22, which affords them new benefits while preserving the unique flexibility of app-based work.”\u003c/p>\n\u003cp>The 1st District Court of Appeal in San Francisco did invalidate Prop. 22’s most \u003ca href=\"https://calmatters.org/politics/post-it/2020/10/california-amendment-threshold-proposition-22/\">controversial provision\u003c/a>, one that required a close-to-impossible seven-eighths' vote of the Legislature to pass any bills that modify Prop. 22. But experts don’t expect Uber or Lyft to appeal, lest they risk the possibility the California Supreme Court agrees with the lower court ruling, and/or strike down all of Prop. 22.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Stanford labor law professor William Gould, who served as chair of the National Labor Relations Board from 1994 to 1998, wrote in an email to KQED that he thinks it’s “more than likely that the California Supreme Court will reverse. Should it not do so, the Biden administration’s new wage and hour rule on who is an employee preempts state law and, if drawn inconsistently with Proposition 22, will trump it constitutionally.”\u003c/p>\n\u003cp>In a separate but related decision, a unanimous 9th Circuit panel \u003ca href=\"https://www.reuters.com/legal/ubers-challenge-calif-contractor-law-revived-by-us-appeals-court-2023-03-17/\">reinstated Uber and Postmates’ constitutional claim\u003c/a> against California’s \u003ca href=\"https://www.kqed.org/news/tag/ab5\">Assembly Bill 5\u003c/a> on Friday. The San Francisco-based appeals panel said the state must face claims that the law is unconstitutional because it singles out app-based transportation businesses while exempting many other industries from the need to justify why they classify some workers as contractors rather than employees.[aside label=\"More on Assembly Bill 5\" tag=\"ab5\"]Already, the success of Prop. 22 with California voters at the ballot box in 2020 has inspired a similar measure on the 2024 ballot, one that would \u003ca href=\"https://elections.cdn.sos.ca.gov/ccrov/2023/january/23012jh.pdf\">overturn a new law (PDF)\u003c/a> designed to \u003ca href=\"https://calmatters.org/california-divide/ca-divide-workplace/2022/08/fast-food-workers/\">improve wages and working conditions in fast food\u003c/a>.\u003c/p>\n\u003cp>“No question there are a lot of minimum labor law standards in California, and I understand why employers find them onerous to comply with, not to mention expensive,” said UC Berkeley law professor Catherine Fisk, who wrote a friend-of-the-court brief on behalf of a group of California labor and employment law professors opposed to Prop. 22. She added that she’s “disappointed” by the appeals court decision.\u003c/p>\n\u003cp>“I don’t think it’s really in the public’s best interest to have such a large group of workers who are carved out of the minimum protections of state law. That exists not only to benefit the workers and their families, but the communities that are affected by abject poverty,” she said.\u003c/p>\n\u003ch2>Happy to be independent, unhappy about the pay\u003c/h2>\n\u003cp>“Scott from LA County,” who drives for Uber, says he didn’t even vote in 2020 when the measure was on the ballot. KQED is not sharing Scott's last name because because he fears the company might retaliate against him for speaking to KQED; he is unaffiliated with either the SEIU or the industry-backed \u003ca href=\"https://protectdriversandservices.com/about/our-coalition/\">Protect App-Based Drivers and Services coalition\u003c/a> (PADS).\u003c/p>\n\u003cp>“I was a little nonchalant about Prop. 22 because I was just getting started, and things were surprisingly good back then,” he said.\u003c/p>\n\u003cp>Scott admitted his opinion changed after Prop. 22 took effect the following January, and he watched the measure’s promised 120% of minimum wage become a ceiling for him, rather than a floor. In other words, he makes about $18.60 an hour these days.\u003c/p>\n\u003cfigure id=\"attachment_11944396\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11944396\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-scaled.jpg\" alt='A man stands with his back to the camera wearing a black T-shirt with yellow writing that reads \"Drivers Union Now.\" In the background, two people hold a large white sign that reads, \"Gig Workers Are Essential.\"' width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Gig workers, including rideshare and delivery drivers, with We Drive Progress and Gig Workers Rising demonstrate outside DoorDash headquarters in San Francisco on Nov. 3, 2021, demanding fair pay and employee rights. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“But that’s not what independent contractors got into Uber for, to make 120% of minimum wage,” he said. “In the past, I was making $30, $40, $50 an hour.”[pullquote size=\"medium\" align=\"right\" citation=\"Scott, rideshare driver\"]'There's no reward for loyalty. You just kind of always feel like you’re replaceable.'[/pullquote]That said, Scott still loves choosing his own hours, 20 to 25 a week, and he’s not really bothered by the fact that independent contractors, as defined by Prop. 22, don’t have the same protections as employees under California law.\u003c/p>\n\u003cp>He said what bothers him most, aside from making less money, is his sense that the company is driving out gig workers like him — who remember the days before Prop. 22 and can see the work is becoming less profitable — and relying on high turnover to pull in new people who can’t remember when drivers made more.\u003c/p>\n\u003cp>“There’s no reward for loyalty. You just kind of always feel like you’re replaceable,” Scott said.\u003c/p>\n\u003ch2>Side hustle or livelihood?\u003c/h2>\n\u003cp>The percentage of rideshare drivers who are full time versus part time has been a point of contention between union-friendly Democratic lawmakers in California and the rideshare companies. A report published last year by UC Riverside’s Center for Economic Forecasting and Development for the industry-backed drivers’ coalition found “\u003ca href=\"https://protectdriversandservices.com/wp-content/uploads/2022/03/UCR_CEFD_CA_AppDrivers_Analysis_2_17_2022-41.pdf\">only 23% of drivers report working with platforms on what would conventionally be considered a full-time basis\u003c/a>.”\u003c/p>\n\u003cfigure id=\"attachment_11944401\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11944401\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1704\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-1536x1022.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-2048x1363.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-1920x1278.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">A demonstrator holds a sign that says 'Prop 22 Is Unconstitutional' during a protest outside DoorDash headquarters in San Francisco on Nov. 3, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In a recent talk before The Economic Club of Chicago, \u003ca href=\"https://www.youtube.com/watch?t=2131&v=HFKrv9Ub9WI&feature=youtu.be\">Uber CEO Dara Khosrowshahi said the weakening economy is bringing more drivers — he calls them “earners” — online\u003c/a>.\u003c/p>\n\u003cp>“About 70% of our earners are saying inflation is actually one of the reasons why they’re coming on to the platform, because they can earn flexibly. And they can, you know, earn another $500 a week for groceries or whatever else they need to live,” Khosrowshahi said.\u003c/p>\n\u003cp>If drivers are only making a little extra money with the platforms versus relying on the driving for their livelihoods, labor lawyers say, it’s easier for gig companies to argue they aren’t exploiting the drivers by refusing to provide them the benefits employees would receive — or exploiting taxpayers by socializing the costs drivers can’t afford to cover on their own.\u003c/p>\n\u003cp>“We saw this during the pandemic, right after Proposition 22 was enacted,” said Fisk, of UC Berkeley. “Every other employer had paid into the unemployment system. So when their workers became unemployed, they could file a claim for unemployment and be compensated. Uber and Lyft exempted themselves from the unemployment system. Their drivers were left penniless. So what did the companies say? ‘Congress has created a system for independent contractors. You should apply to that.’ Who was paying for that? \u003ca href=\"https://www.kqed.org/news/11812496/uber-and-lyft-arent-paying-for-drivers-unemployment-you-are-confirms-newsom\">The taxpayers\u003c/a>.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Labor advocates are mulling their options after a California appeals court reversed most of a ruling invalidating Prop. 22, the state's 2020 voter-approved gig economy law allowing ride-hailing and delivery companies to classify workers as independent contractors rather than employees.","status":"publish","parent":0,"modified":1679588261,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":1439},"headData":{"title":"'No Reward for Loyalty': Gig Companies Winning Fight to Classify Drivers as Independent | KQED","description":"Labor advocates are mulling their options after a California appeals court reversed most of a ruling invalidating Prop. 22, the state's 2020 voter-approved gig economy law allowing ride-hailing and delivery companies to classify workers as independent contractors rather than employees.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'No Reward for Loyalty': Gig Companies Winning Fight to Classify Drivers as Independent","datePublished":"2023-03-22T23:15:02.000Z","dateModified":"2023-03-23T16:17:41.000Z","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"}}},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/4e415b4b-1ff5-4652-a454-afcd0108868a/audio.mp3","templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11944344/no-reward-for-loyalty-gig-companies-winning-fight-to-classify-drivers-as-independent","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>After a California appeals court \u003ca href=\"https://www.politico.com/news/2023/03/13/california-court-lets-gig-companies-keep-treating-workers-as-contractors-00086898\">upheld most of Proposition 22\u003c/a> last week, it’s widely expected the Service Employees International Union (SEIU) will appeal to the state Supreme Court. That’s even though the union says it’s still considering its options.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More California Coverage ","tag":"california"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Tia Orr, executive director of SEIU California, wrote in an email to KQED, “Drivers have always led this movement, and we will follow their lead as we consider all options — whether that's seeking review from the California Supreme Court — to ensure that rideshare drivers and delivery workers have access to the same rights and protections afforded to other workers in California.”\u003c/p>\n\u003cp>\u003ca href=\"https://vig.cdn.sos.ca.gov/2020/general/pdf/topl-prop22.pdf\">Prop. 22 (PDF)\u003c/a> is widely perceived as a major carve-out of California labor law, allowing Uber, Lyft and similar businesses to classify their drivers as independent contractors, rather than employees. A lower court ruling \u003ca href=\"https://www.marketwatch.com/story/judge-shoots-down-landmark-law-that-kept-uber-and-lyft-drivers-from-being-employees-11629513964\">found the law unconstitutional\u003c/a>. But the \u003ca href=\"https://www.courts.ca.gov/opinions/documents/A163655.PDF\">two-judge majority on the state appeals panel disagreed (PDF)\u003c/a>, arguing state law has never provided generous labor protections to “all potentially eligible wage workers” in California. There are, for instance, \u003ca href=\"https://www.kqed.org/news/11939848/a-legacy-of-slavery-for-domestic-workers-californias-new-safety-guidelines-are-long-overdue-say-advocates\">long-standing carve-outs for domestic and agricultural workers\u003c/a>.\u003c/p>\n\u003ch2>Rideshare industry reaction exultant\u003c/h2>\n\u003cp>In a statement following the release of the decision, \u003ca href=\"https://www.lyft.com/blog/posts/lyft-statement-on-california-court-of-appeal-prop-22-decision\">Lyft officials wrote in a blog post\u003c/a>, “We are pleased that the court upheld the democratic will of the voters … We are excited to continue operating our service with no changes.”\u003c/p>\n\u003cfigure id=\"attachment_11944379\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11944379\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-scaled.jpg\" alt=\"A closeup shot of a black vehicle with a pink Lyft sticker and a black and white Uber sticker on the left side of its windshield. The vehicle sits idle waiting to pick up a customer.\" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS16535_IMG_0443.JPG-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Proposition 22 allows gig companies such as Uber and Lyft to classify their drivers as independent contractors, rather than employees. \u003ccite>(Ericka Cruz Guevarra/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Uber’s chief legal officer, Tony West, wrote in an email to KQED, “Across the state, drivers and couriers have said they are happy with Prop 22, which affords them new benefits while preserving the unique flexibility of app-based work.”\u003c/p>\n\u003cp>The 1st District Court of Appeal in San Francisco did invalidate Prop. 22’s most \u003ca href=\"https://calmatters.org/politics/post-it/2020/10/california-amendment-threshold-proposition-22/\">controversial provision\u003c/a>, one that required a close-to-impossible seven-eighths' vote of the Legislature to pass any bills that modify Prop. 22. But experts don’t expect Uber or Lyft to appeal, lest they risk the possibility the California Supreme Court agrees with the lower court ruling, and/or strike down all of Prop. 22.\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>Stanford labor law professor William Gould, who served as chair of the National Labor Relations Board from 1994 to 1998, wrote in an email to KQED that he thinks it’s “more than likely that the California Supreme Court will reverse. Should it not do so, the Biden administration’s new wage and hour rule on who is an employee preempts state law and, if drawn inconsistently with Proposition 22, will trump it constitutionally.”\u003c/p>\n\u003cp>In a separate but related decision, a unanimous 9th Circuit panel \u003ca href=\"https://www.reuters.com/legal/ubers-challenge-calif-contractor-law-revived-by-us-appeals-court-2023-03-17/\">reinstated Uber and Postmates’ constitutional claim\u003c/a> against California’s \u003ca href=\"https://www.kqed.org/news/tag/ab5\">Assembly Bill 5\u003c/a> on Friday. The San Francisco-based appeals panel said the state must face claims that the law is unconstitutional because it singles out app-based transportation businesses while exempting many other industries from the need to justify why they classify some workers as contractors rather than employees.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More on Assembly Bill 5 ","tag":"ab5"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Already, the success of Prop. 22 with California voters at the ballot box in 2020 has inspired a similar measure on the 2024 ballot, one that would \u003ca href=\"https://elections.cdn.sos.ca.gov/ccrov/2023/january/23012jh.pdf\">overturn a new law (PDF)\u003c/a> designed to \u003ca href=\"https://calmatters.org/california-divide/ca-divide-workplace/2022/08/fast-food-workers/\">improve wages and working conditions in fast food\u003c/a>.\u003c/p>\n\u003cp>“No question there are a lot of minimum labor law standards in California, and I understand why employers find them onerous to comply with, not to mention expensive,” said UC Berkeley law professor Catherine Fisk, who wrote a friend-of-the-court brief on behalf of a group of California labor and employment law professors opposed to Prop. 22. She added that she’s “disappointed” by the appeals court decision.\u003c/p>\n\u003cp>“I don’t think it’s really in the public’s best interest to have such a large group of workers who are carved out of the minimum protections of state law. That exists not only to benefit the workers and their families, but the communities that are affected by abject poverty,” she said.\u003c/p>\n\u003ch2>Happy to be independent, unhappy about the pay\u003c/h2>\n\u003cp>“Scott from LA County,” who drives for Uber, says he didn’t even vote in 2020 when the measure was on the ballot. KQED is not sharing Scott's last name because because he fears the company might retaliate against him for speaking to KQED; he is unaffiliated with either the SEIU or the industry-backed \u003ca href=\"https://protectdriversandservices.com/about/our-coalition/\">Protect App-Based Drivers and Services coalition\u003c/a> (PADS).\u003c/p>\n\u003cp>“I was a little nonchalant about Prop. 22 because I was just getting started, and things were surprisingly good back then,” he said.\u003c/p>\n\u003cp>Scott admitted his opinion changed after Prop. 22 took effect the following January, and he watched the measure’s promised 120% of minimum wage become a ceiling for him, rather than a floor. In other words, he makes about $18.60 an hour these days.\u003c/p>\n\u003cfigure id=\"attachment_11944396\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11944396\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-scaled.jpg\" alt='A man stands with his back to the camera wearing a black T-shirt with yellow writing that reads \"Drivers Union Now.\" In the background, two people hold a large white sign that reads, \"Gig Workers Are Essential.\"' width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52363_004_SanFrancisco_GigWorkerProtest_11032021-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Gig workers, including rideshare and delivery drivers, with We Drive Progress and Gig Workers Rising demonstrate outside DoorDash headquarters in San Francisco on Nov. 3, 2021, demanding fair pay and employee rights. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“But that’s not what independent contractors got into Uber for, to make 120% of minimum wage,” he said. “In the past, I was making $30, $40, $50 an hour.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'There's no reward for loyalty. You just kind of always feel like you’re replaceable.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Scott, rideshare driver","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>That said, Scott still loves choosing his own hours, 20 to 25 a week, and he’s not really bothered by the fact that independent contractors, as defined by Prop. 22, don’t have the same protections as employees under California law.\u003c/p>\n\u003cp>He said what bothers him most, aside from making less money, is his sense that the company is driving out gig workers like him — who remember the days before Prop. 22 and can see the work is becoming less profitable — and relying on high turnover to pull in new people who can’t remember when drivers made more.\u003c/p>\n\u003cp>“There’s no reward for loyalty. You just kind of always feel like you’re replaceable,” Scott said.\u003c/p>\n\u003ch2>Side hustle or livelihood?\u003c/h2>\n\u003cp>The percentage of rideshare drivers who are full time versus part time has been a point of contention between union-friendly Democratic lawmakers in California and the rideshare companies. A report published last year by UC Riverside’s Center for Economic Forecasting and Development for the industry-backed drivers’ coalition found “\u003ca href=\"https://protectdriversandservices.com/wp-content/uploads/2022/03/UCR_CEFD_CA_AppDrivers_Analysis_2_17_2022-41.pdf\">only 23% of drivers report working with platforms on what would conventionally be considered a full-time basis\u003c/a>.”\u003c/p>\n\u003cfigure id=\"attachment_11944401\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11944401\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1704\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-1020x679.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-1536x1022.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-2048x1363.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS52369_011_SanFrancisco_GigWorkerProtest_11032021-1920x1278.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">A demonstrator holds a sign that says 'Prop 22 Is Unconstitutional' during a protest outside DoorDash headquarters in San Francisco on Nov. 3, 2021. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In a recent talk before The Economic Club of Chicago, \u003ca href=\"https://www.youtube.com/watch?t=2131&v=HFKrv9Ub9WI&feature=youtu.be\">Uber CEO Dara Khosrowshahi said the weakening economy is bringing more drivers — he calls them “earners” — online\u003c/a>.\u003c/p>\n\u003cp>“About 70% of our earners are saying inflation is actually one of the reasons why they’re coming on to the platform, because they can earn flexibly. And they can, you know, earn another $500 a week for groceries or whatever else they need to live,” Khosrowshahi said.\u003c/p>\n\u003cp>If drivers are only making a little extra money with the platforms versus relying on the driving for their livelihoods, labor lawyers say, it’s easier for gig companies to argue they aren’t exploiting the drivers by refusing to provide them the benefits employees would receive — or exploiting taxpayers by socializing the costs drivers can’t afford to cover on their own.\u003c/p>\n\u003cp>“We saw this during the pandemic, right after Proposition 22 was enacted,” said Fisk, of UC Berkeley. “Every other employer had paid into the unemployment system. So when their workers became unemployed, they could file a claim for unemployment and be compensated. Uber and Lyft exempted themselves from the unemployment system. Their drivers were left penniless. So what did the companies say? ‘Congress has created a system for independent contractors. You should apply to that.’ Who was paying for that? \u003ca href=\"https://www.kqed.org/news/11812496/uber-and-lyft-arent-paying-for-drivers-unemployment-you-are-confirms-newsom\">The taxpayers\u003c/a>.”\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/11944344/no-reward-for-loyalty-gig-companies-winning-fight-to-classify-drivers-as-independent","authors":["251"],"programs":["news_72"],"categories":["news_31795","news_1758","news_8"],"tags":["news_17994","news_26585","news_4524","news_25675","news_4658","news_353","news_4523"],"featImg":"news_11944370","label":"news_72"},"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_11928844":{"type":"posts","id":"news_11928844","meta":{"index":"posts_1591205157","site":"news","id":"11928844","score":null,"sort":[1665752417000]},"guestAuthors":[],"slug":"rideshare-drivers-rally-for-rights-announce-new-statewide-union","title":"Gig Workers Rally for Rights, Announce New Statewide Union","publishDate":1665752417,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Dozens of ride-hailing and delivery drivers rallied Wednesday outside of Uber’s headquarters in San Francisco, calling on the company and others that employ them like Lyft and DoorDash to recognize a new statewide gig workers union that seeks better wages and protections in the industry.\u003c/p>\n\u003cp>The protesters, including some who traveled from Los Angeles, held signs that read “We deserve job security” and “We can’t survive on $6.20 per hour” as they announced the California Gig Workers Union. Later, they marched to the offices of Lyft and DoorDash in the Mission Bay neighborhood.\u003c/p>\n\u003cp>Uber and Lyft driver Hector Castellanos said he hopes the new union will lead to benefits for workers like himself, who are labeled independent contractors, whereas companies currently are required only to provide \u003cspan style=\"font-weight: 400\">benefits\u003c/span> to employees.\u003c/p>\n\u003cp>“We deserve basic rights like good health care, workers’ compensation, sick days, vacations,” said Castellanos, 55, from Antioch. “These companies are taking more and more advantage of us. So that’s why I’m here, because I want to fight against this.”\u003c/p>\n\u003cp>San Francisco Democratic Party Chair Honey Mahogany, a candidate in the supervisor race for District 6 encompassing Mission Bay, and District 4 Supervisor Gordon Mar spoke at the event in support of drivers’ organizing efforts.\u003c/p>\n\u003cp>Mar said that the city provided tax breaks and other benefits about a decade ago so start-ups like Uber could grow and get established, and that now those companies should “share the wealth” with their drivers.\u003c/p>\n\u003cp>“We are demanding that they give back to San Francisco, that they comply with San Francisco values, and that’s supporting the workers,” he said.[pullquote size=\"medium\" align=\"right\" citation=\"Hector Castellanos, driver for Uber and Lyft\"]'We deserve basic rights like good health care, workers' compensation, sick days, vacations ... These companies are taking more and more advantage of us. So that’s why I’m here, because I want to fight against this.'[/pullquote]The rally comes during a week when \u003ca href=\"https://techcrunch.com/2022/10/11/uber-lyft-doordash-stock-tank-gig-worker-rules/\">Uber, Lyft and DoorDash stock prices\u003c/a> plunged after the federal government unveiled proposed rules that \u003ca href=\"https://www.nytimes.com/2022/10/11/business/economy/biden-gig-workers-contractors-employees.html?login=smartlock&auth=login-smartlock\">could make it easier\u003c/a> for gig drivers, as well as millions of construction and home care workers, to be treated as employees.\u003c/p>\n\u003cp>The proposed changes aim to “combat misclassification,” which also \u003ca href=\"https://www.dol.gov/newsroom/releases/WHD/WHD20221011-0\">hurts the economy\u003c/a>, according to a statement by the U.S. Department of Labor.\u003c/p>\n\u003cp>“We have seen in many cases that employers misclassify their employees as independent contractors, particularly among our nation’s most vulnerable workers,” wrote Secretary of Labor Marty Walsh. “Misclassification deprives workers of their federal labor protections, including their right to be paid their full, legally earned wages.”\u003c/p>\n\u003cp>An estimated \u003ca href=\"https://ucreconomicforecast.org/wp-content/uploads/2022/02/UCR_CEFD_CA_AppDrivers_Analysis_2_17_2022.pdf\">1.37 million people worked on at least one ride or delivery\u003c/a> for DoorDash, Instacart, Lyft and Uber platforms in California between 2020 and 2021.\u003c/p>\n\u003cp>Nearly two years ago, California voters approved a ballot initiative that exempted Uber, Lyft, DoorDash, Instacart and other app-based businesses from having to treat drivers as employees. Proposition 22 is currently in effect but is being challenged in state court.\u003c/p>\n\u003cp>The companies, which spent more than $200 million to get that measure passed, say changing how they classify drivers threatens the survival of their businesses. In addition, they argue most drivers prefer to remain as independent contractors.\u003c/p>\n\u003cp>“With more than 1 million unfilled traditional jobs and record low unemployment in the state, drivers are still choosing this work because of the earning potential, benefits, independence, and flexibility it provides,” wrote a spokesperson for Lyft. “The special interest groups that claim to support drivers should listen to the vast majority of them who want to keep what they have under Prop 22.”\u003c/p>\n\u003cp>Lydia Olson, who owns a consulting business in Sacramento, fears that becoming an employee would mean she could no longer drive for Uber and Lyft, as she has done for the past five years. She worries that the legal challenge to Proposition 22 or changes to federal rules could strip her of her choice to supplement her income when and where she chooses, for as long as she wants.\u003c/p>\n\u003cp>“It’s a scary time,” said Olson, 55. “I mean, how would you feel if you knew that the politicians could turn off your ability to work permanently overnight? And there's nothing you could do about it, because that’s what we are looking at.”\u003c/p>\n\u003cp>Olson said a flexible schedule allows her to care for her husband, who has multiple sclerosis. She estimates she makes $30 an hour in net income as a driver, even with recent increases in gas prices.\u003c/p>\n\u003cp>“There’s a reason why so many people choose independent contracting and that’s because it works for them, and that’s their choice. And we all know there’s trade-offs,” she said. “So it makes no sense to force us to be employees, because we didn't choose that.”\u003c/p>\n\u003cp>Spokespeople for Uber, Lyft and DoorDash said Proposition 22 delivered a 120% minimum wage guarantee for drivers, while offering health care subsidies and other benefits. They pointed to a UC Riverside analysis that concluded \u003ca href=\"https://ucreconomicforecast.org/wp-content/uploads/2022/02/UCR_CEFD_CA_AppDrivers_Analysis_2_17_2022.pdf\">drivers earned $25.17 per active hour\u003c/a> in 2021, not including tips. The study was commissioned by the \u003ca href=\"https://protectdriversandservices.com/about/our-coalition/\">Protect App-Based Drivers and Services\u003c/a> coalition, of which Uber, Lyft, DoorDash and Instacart are members.\u003c/p>\n\u003cp>However, a separate report authored by researchers at PolicyLink and Rideshare Drivers United last month \u003ca href=\"https://nationalequityatlas.org/prop22-paystudy\">estimated drastically lower earnings\u003c/a> for these gig workers. According to that study, typical rideshare drivers in California are taking home just $6.20 an hour, in part because they are not paid for the total time they are working.\u003c/p>\n\u003cp>In statements, Uber, Lyft and DoorDash spokespeople slammed those findings as “deeply flawed,” criticizing the small sample used for the analysis, which was based on data from 3,020 trips by 21 drivers.\u003c/p>\n\u003cp>But several full-time drivers at the protest told KQED that they make significantly less than $15 an hour after they deduct the costs of driving, such as gas and car maintenance, and must work long days to make ends meet.\u003c/p>\n\u003cp>“If you're not going to work 12, 13 hours a day, you're not going to survive,” said Armen Oganesyan, 57, who drives for Uber and Lyft in Los Angeles. “We basically live in the car … We are working every day from Monday to Sunday.”\u003c/p>\n\u003cp>The California Gig Workers Union, which representatives said is a movement of tens of thousands of people\u003cb data-stringify-type=\"bold\">, \u003c/b>merges two groups that had operated in the southern and northern regions of the state for years: the Mobile Workers Alliance and We Drive Progress.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Dozens of ride and delivery drivers rallied outside Uber's headquarters in San Franicsco, calling for gig companies to recognize a new union they're forming.","status":"publish","parent":0,"modified":1666015790,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1152},"headData":{"title":"Gig Workers Rally for Rights, Announce New Statewide Union | KQED","description":"Dozens of ride and delivery drivers rallied outside Uber's headquarters in San Franicsco, calling for gig companies to recognize a new union they're forming.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Gig Workers Rally for Rights, Announce New Statewide Union","datePublished":"2022-10-14T13:00:17.000Z","dateModified":"2022-10-17T14:09:50.000Z","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":"11928844 https://ww2.kqed.org/news/?p=11928844","disqusUrl":"https://ww2.kqed.org/news/2022/10/14/rideshare-drivers-rally-for-rights-announce-new-statewide-union/","disqusTitle":"Gig Workers Rally for Rights, Announce New Statewide Union","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/ffc37339-08d2-40c2-9b80-af2d000081a8/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11928844/rideshare-drivers-rally-for-rights-announce-new-statewide-union","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Dozens of ride-hailing and delivery drivers rallied Wednesday outside of Uber’s headquarters in San Francisco, calling on the company and others that employ them like Lyft and DoorDash to recognize a new statewide gig workers union that seeks better wages and protections in the industry.\u003c/p>\n\u003cp>The protesters, including some who traveled from Los Angeles, held signs that read “We deserve job security” and “We can’t survive on $6.20 per hour” as they announced the California Gig Workers Union. Later, they marched to the offices of Lyft and DoorDash in the Mission Bay neighborhood.\u003c/p>\n\u003cp>Uber and Lyft driver Hector Castellanos said he hopes the new union will lead to benefits for workers like himself, who are labeled independent contractors, whereas companies currently are required only to provide \u003cspan style=\"font-weight: 400\">benefits\u003c/span> to employees.\u003c/p>\n\u003cp>“We deserve basic rights like good health care, workers’ compensation, sick days, vacations,” said Castellanos, 55, from Antioch. “These companies are taking more and more advantage of us. So that’s why I’m here, because I want to fight against this.”\u003c/p>\n\u003cp>San Francisco Democratic Party Chair Honey Mahogany, a candidate in the supervisor race for District 6 encompassing Mission Bay, and District 4 Supervisor Gordon Mar spoke at the event in support of drivers’ organizing efforts.\u003c/p>\n\u003cp>Mar said that the city provided tax breaks and other benefits about a decade ago so start-ups like Uber could grow and get established, and that now those companies should “share the wealth” with their drivers.\u003c/p>\n\u003cp>“We are demanding that they give back to San Francisco, that they comply with San Francisco values, and that’s supporting the workers,” he said.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We deserve basic rights like good health care, workers' compensation, sick days, vacations ... These companies are taking more and more advantage of us. So that’s why I’m here, because I want to fight against this.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Hector Castellanos, driver for Uber and Lyft","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The rally comes during a week when \u003ca href=\"https://techcrunch.com/2022/10/11/uber-lyft-doordash-stock-tank-gig-worker-rules/\">Uber, Lyft and DoorDash stock prices\u003c/a> plunged after the federal government unveiled proposed rules that \u003ca href=\"https://www.nytimes.com/2022/10/11/business/economy/biden-gig-workers-contractors-employees.html?login=smartlock&auth=login-smartlock\">could make it easier\u003c/a> for gig drivers, as well as millions of construction and home care workers, to be treated as employees.\u003c/p>\n\u003cp>The proposed changes aim to “combat misclassification,” which also \u003ca href=\"https://www.dol.gov/newsroom/releases/WHD/WHD20221011-0\">hurts the economy\u003c/a>, according to a statement by the U.S. Department of Labor.\u003c/p>\n\u003cp>“We have seen in many cases that employers misclassify their employees as independent contractors, particularly among our nation’s most vulnerable workers,” wrote Secretary of Labor Marty Walsh. “Misclassification deprives workers of their federal labor protections, including their right to be paid their full, legally earned wages.”\u003c/p>\n\u003cp>An estimated \u003ca href=\"https://ucreconomicforecast.org/wp-content/uploads/2022/02/UCR_CEFD_CA_AppDrivers_Analysis_2_17_2022.pdf\">1.37 million people worked on at least one ride or delivery\u003c/a> for DoorDash, Instacart, Lyft and Uber platforms in California between 2020 and 2021.\u003c/p>\n\u003cp>Nearly two years ago, California voters approved a ballot initiative that exempted Uber, Lyft, DoorDash, Instacart and other app-based businesses from having to treat drivers as employees. Proposition 22 is currently in effect but is being challenged in state court.\u003c/p>\n\u003cp>The companies, which spent more than $200 million to get that measure passed, say changing how they classify drivers threatens the survival of their businesses. In addition, they argue most drivers prefer to remain as independent contractors.\u003c/p>\n\u003cp>“With more than 1 million unfilled traditional jobs and record low unemployment in the state, drivers are still choosing this work because of the earning potential, benefits, independence, and flexibility it provides,” wrote a spokesperson for Lyft. “The special interest groups that claim to support drivers should listen to the vast majority of them who want to keep what they have under Prop 22.”\u003c/p>\n\u003cp>Lydia Olson, who owns a consulting business in Sacramento, fears that becoming an employee would mean she could no longer drive for Uber and Lyft, as she has done for the past five years. She worries that the legal challenge to Proposition 22 or changes to federal rules could strip her of her choice to supplement her income when and where she chooses, for as long as she wants.\u003c/p>\n\u003cp>“It’s a scary time,” said Olson, 55. “I mean, how would you feel if you knew that the politicians could turn off your ability to work permanently overnight? And there's nothing you could do about it, because that’s what we are looking at.”\u003c/p>\n\u003cp>Olson said a flexible schedule allows her to care for her husband, who has multiple sclerosis. She estimates she makes $30 an hour in net income as a driver, even with recent increases in gas prices.\u003c/p>\n\u003cp>“There’s a reason why so many people choose independent contracting and that’s because it works for them, and that’s their choice. And we all know there’s trade-offs,” she said. “So it makes no sense to force us to be employees, because we didn't choose that.”\u003c/p>\n\u003cp>Spokespeople for Uber, Lyft and DoorDash said Proposition 22 delivered a 120% minimum wage guarantee for drivers, while offering health care subsidies and other benefits. They pointed to a UC Riverside analysis that concluded \u003ca href=\"https://ucreconomicforecast.org/wp-content/uploads/2022/02/UCR_CEFD_CA_AppDrivers_Analysis_2_17_2022.pdf\">drivers earned $25.17 per active hour\u003c/a> in 2021, not including tips. The study was commissioned by the \u003ca href=\"https://protectdriversandservices.com/about/our-coalition/\">Protect App-Based Drivers and Services\u003c/a> coalition, of which Uber, Lyft, DoorDash and Instacart are members.\u003c/p>\n\u003cp>However, a separate report authored by researchers at PolicyLink and Rideshare Drivers United last month \u003ca href=\"https://nationalequityatlas.org/prop22-paystudy\">estimated drastically lower earnings\u003c/a> for these gig workers. According to that study, typical rideshare drivers in California are taking home just $6.20 an hour, in part because they are not paid for the total time they are working.\u003c/p>\n\u003cp>In statements, Uber, Lyft and DoorDash spokespeople slammed those findings as “deeply flawed,” criticizing the small sample used for the analysis, which was based on data from 3,020 trips by 21 drivers.\u003c/p>\n\u003cp>But several full-time drivers at the protest told KQED that they make significantly less than $15 an hour after they deduct the costs of driving, such as gas and car maintenance, and must work long days to make ends meet.\u003c/p>\n\u003cp>“If you're not going to work 12, 13 hours a day, you're not going to survive,” said Armen Oganesyan, 57, who drives for Uber and Lyft in Los Angeles. “We basically live in the car … We are working every day from Monday to Sunday.”\u003c/p>\n\u003cp>The California Gig Workers Union, which representatives said is a movement of tens of thousands of people\u003cb data-stringify-type=\"bold\">, \u003c/b>merges two groups that had operated in the southern and northern regions of the state for years: the Mobile Workers Alliance and We Drive Progress.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\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/11928844/rideshare-drivers-rally-for-rights-announce-new-statewide-union","authors":["8659"],"categories":["news_1758","news_6188","news_8"],"tags":["news_31823","news_26532","news_26585","news_4524","news_25675","news_353","news_4523","news_2659"],"featImg":"news_11928851","label":"news"},"news_11910924":{"type":"posts","id":"news_11910924","meta":{"index":"posts_1591205157","site":"news","id":"11910924","score":null,"sort":[1649844004000]},"guestAuthors":[],"slug":"why-does-uber-team-taxis","title":"Why Does Uber Want to Team Up with Taxis?","publishDate":1649844004,"format":"audio","headTitle":"Why Does Uber Want to Team Up with Taxis? | KQED","labelTerm":{},"content":"\u003cp>\u003cspan style=\"font-weight: 400\">The rise of Uber in San Francisco nearly a decade ago marked the beginning of the end for much of the taxi industry. Taxi companies went bankrupt and drivers struggled to pay off their medallions, pushing many of them into debt. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But now, Uber sees an opportunity in the same industry it nearly destroyed. Uber has struck a deal with taxi hailing apps in San Francisco and New York that will allow riders to hail taxis through Uber’s app. Some taxi drivers see an opportunity to boost their pay; others are skeptical that the company can be trusted. So what’s really in it for Uber?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/levisu\">Levi Sumagaysay\u003c/a>, Marketwatch senior reporter \u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC3928028242&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp>\u003ca href=\"https://bit.ly/3vks5qo\">Episode transcript\u003c/a>\u003c/p>\n\u003cp>\u003cb>Recommended listening and reading:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11651103/the-human-cost-of-uber-and-lyft-life-in-the-dying-taxi-industry\" target=\"_blank\" rel=\"noopener noreferrer\">\u003cb>The Human Cost of Uber and Lyft: Life in the Dying Taxi Industry\u003c/b>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11798851/s-f-taxi-drivers-say-the-medallion-crisis-is-killing-them-literally\" target=\"_blank\" rel=\"noopener noreferrer\">\u003cb>SF Taxi Drivers Say the Medallion Crisis Is Killing Them, Literally\u003c/b>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.marketwatch.com/story/theres-a-lot-of-suspicion-about-whats-uber-really-up-to-uber-is-bringing-taxicabs-onto-its-platform-heres-how-it-will-work-11649271883?mod=levi-sumagaysay\" target=\"_blank\" rel=\"noopener noreferrer\">\u003cb>‘There’s a lot\u003c/b> of\u003cb> suspicion about what’s Uber really up to’ — Uber is bringing taxicabs onto its platform, here’s how it will work\u003c/b>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1700690660,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":182},"headData":{"title":"Why Does Uber Want to Team Up with Taxis? | KQED","description":"The rise of Uber in San Francisco nearly a decade ago marked the beginning of the end for much of the taxi industry. Taxi companies went bankrupt and drivers struggled to pay off their medallions, pushing many of them into debt. But now, Uber sees an opportunity in the same industry it nearly destroyed. Uber","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Why Does Uber Want to Team Up with Taxis?","datePublished":"2022-04-13T10:00:04.000Z","dateModified":"2023-11-22T22:04:20.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC3928028242.mp3?updated=1649806974","excludeFromSiteSearch":"Include","path":"/news/11910924/why-does-uber-team-taxis","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">The rise of Uber in San Francisco nearly a decade ago marked the beginning of the end for much of the taxi industry. Taxi companies went bankrupt and drivers struggled to pay off their medallions, pushing many of them into debt. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But now, Uber sees an opportunity in the same industry it nearly destroyed. Uber has struck a deal with taxi hailing apps in San Francisco and New York that will allow riders to hail taxis through Uber’s app. Some taxi drivers see an opportunity to boost their pay; others are skeptical that the company can be trusted. So what’s really in it for Uber?\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/levisu\">Levi Sumagaysay\u003c/a>, Marketwatch senior reporter \u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC3928028242&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp>\u003ca href=\"https://bit.ly/3vks5qo\">Episode transcript\u003c/a>\u003c/p>\n\u003cp>\u003cb>Recommended listening and reading:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11651103/the-human-cost-of-uber-and-lyft-life-in-the-dying-taxi-industry\" target=\"_blank\" rel=\"noopener noreferrer\">\u003cb>The Human Cost of Uber and Lyft: Life in the Dying Taxi Industry\u003c/b>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11798851/s-f-taxi-drivers-say-the-medallion-crisis-is-killing-them-literally\" target=\"_blank\" rel=\"noopener noreferrer\">\u003cb>SF Taxi Drivers Say the Medallion Crisis Is Killing Them, Literally\u003c/b>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.marketwatch.com/story/theres-a-lot-of-suspicion-about-whats-uber-really-up-to-uber-is-bringing-taxicabs-onto-its-platform-heres-how-it-will-work-11649271883?mod=levi-sumagaysay\" target=\"_blank\" rel=\"noopener noreferrer\">\u003cb>‘There’s a lot\u003c/b> of\u003cb> suspicion about what’s Uber really up to’ — Uber is bringing taxicabs onto its platform, here’s how it will work\u003c/b>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11910924/why-does-uber-team-taxis","authors":["8654","11802","11649"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_4940","news_353","news_22598","news_4523"],"featImg":"news_11910931","label":"source_news_11910924"},"news_11908703":{"type":"posts","id":"news_11908703","meta":{"index":"posts_1591205157","site":"news","id":"11908703","score":null,"sort":[1647856836000]},"guestAuthors":[],"slug":"when-its-more-than-a-side-hustle-high-gas-prices-make-life-hard-for-ride-hailing-drivers","title":"Ride Service Drivers Say They Need Higher Pay as Gas Prices Rise","publishDate":1647856836,"format":"audio","headTitle":"Ride Service Drivers Say They Need Higher Pay as Gas Prices Rise | KQED","labelTerm":{},"content":"\u003cp>\u003cspan style=\"font-weight: 400\">It’s no fun getting gas these days. The average price in many Bay Area counties is $5.80 a gallon. And that’s making it tough for people who drive for gig companies like Uber and Lyft, or who are taxi drivers.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Uber and Lyft have introduced a few options to help drivers with increased fuel costs, like a new fuel surcharge. But many drivers don’t think those measures aren’t enough — and what they really need is higher pay. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003cstrong>Guest\u003c/strong>: \u003ca href=\"https://twitter.com/zuliemann\">Azul Dahlstrom-Eckman\u003c/a>, KQED reporter and producer\u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC8397446884&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp>\u003cstrong>Links:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://bit.ly/3qnsJSk\">\u003cem>Episode transcript\u003c/em>\u003c/a>\u003c/li>\n\u003cli>\n\u003cp class=\"routes-Site-routes-Post-components-Post-components-PostTitle-___PostTitle__title\">\u003ca href=\"https://www.kqed.org/news/11907530/as-gas-prices-rise-fares-for-ride-hailing-drivers-lag-behind\" target=\"_blank\" rel=\"noopener noreferrer\">As Gas Prices Rise, Fares for Ride-Hailing Drivers Lag Behind\u003c/a>\u003c/p>\n\u003c/li>\n\u003c/ul>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1700690721,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":6,"wordCount":112},"headData":{"title":"Ride Service Drivers Say They Need Higher Pay as Gas Prices Rise | KQED","description":"It’s no fun getting gas these days. The average price in many Bay Area counties is $5.80 a gallon. And that's making it tough for people who drive for gig companies like Uber and Lyft, or who are taxi drivers. Uber and Lyft have introduced a few options to help drivers with increased fuel costs,","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Ride Service Drivers Say They Need Higher Pay as Gas Prices Rise","datePublished":"2022-03-21T10:00:36.000Z","dateModified":"2023-11-22T22:05:21.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC8397446884.mp3","excludeFromSiteSearch":"Include","path":"/news/11908703/when-its-more-than-a-side-hustle-high-gas-prices-make-life-hard-for-ride-hailing-drivers","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">It’s no fun getting gas these days. The average price in many Bay Area counties is $5.80 a gallon. And that’s making it tough for people who drive for gig companies like Uber and Lyft, or who are taxi drivers.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Uber and Lyft have introduced a few options to help drivers with increased fuel costs, like a new fuel surcharge. But many drivers don’t think those measures aren’t enough — and what they really need is higher pay. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003cstrong>Guest\u003c/strong>: \u003ca href=\"https://twitter.com/zuliemann\">Azul Dahlstrom-Eckman\u003c/a>, KQED reporter and producer\u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC8397446884&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp>\u003cstrong>Links:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://bit.ly/3qnsJSk\">\u003cem>Episode transcript\u003c/em>\u003c/a>\u003c/li>\n\u003cli>\n\u003cp class=\"routes-Site-routes-Post-components-Post-components-PostTitle-___PostTitle__title\">\u003ca href=\"https://www.kqed.org/news/11907530/as-gas-prices-rise-fares-for-ride-hailing-drivers-lag-behind\" target=\"_blank\" rel=\"noopener noreferrer\">As Gas Prices Rise, Fares for Ride-Hailing Drivers Lag Behind\u003c/a>\u003c/p>\n\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11908703/when-its-more-than-a-side-hustle-high-gas-prices-make-life-hard-for-ride-hailing-drivers","authors":["7240","11785","11649","11802"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_641","news_4524","news_2024","news_22598","news_4523"],"featImg":"news_11908701","label":"source_news_11908703"},"news_11907530":{"type":"posts","id":"news_11907530","meta":{"index":"posts_1591205157","site":"news","id":"11907530","score":null,"sort":[1646848806000]},"guestAuthors":[],"slug":"as-gas-prices-rise-fares-for-ride-hailing-drivers-lag-behind","title":"As Gas Prices Rise, Fares for Ride-Hailing Drivers Lag Behind","publishDate":1646848806,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Driven by inflation and Russia’s invasion of Ukraine, the average price for a gallon of gas has soared to $4.17 nationwide, the highest average price in 14 years. Here in the Bay Area, the price is even higher, hovering around $5.50. While rising gas prices affect nearly every corner of the economy, some of the people feeling the effects most directly are Bay Area ride-hailing and taxi drivers.\u003c/p>\n\u003cp>Rondu Gantt is a San Francisco resident who drives for Lyft and DoorDash. He says that companies should be paying their drivers more when gas prices spike.\u003c/p>\n\u003cp>“I think that it’s necessary to increase every driver’s base fare. If you don't want to increase the rate of pay, increase the base fare. Making a $5 minimum would definitely help cover the cap cost,” Gantt said.\u003c/p>\n\u003cp>While Lyft has not increased base fares or pay rates, it has partnered with a fuel cash-back program called GetUpside where drivers can earn $0.32 in cash back per gallon at certain gas stations, as well as 2% cash back when they use a Lyft debit card. Ride-hailing service Uber also has partnered with GetUpside.\u003c/p>\n\u003cp>“This program makes it easy for drivers to know where to get the best cash-back savings on gas, meaning more of the money they earn with Lyft can stay in their pockets,” said Zach Greenberger, head of strategic business development and global supply management at Lyft.[pullquote size=\"medium\" align=\"right\" citation=\"Sergio Avedian, Senior Contributor at The Rideshare Guy\"]'So it's kind of a silly point that Uber and Lyft make when they say, ‘We want you to be independent contractors but, wait a minute, you cannot decide on the price you charge for this ride,’'[/pullquote]\u003c/p>\n\u003cp>“That’s garbage,” said Sergio Avedian, senior contributor at \u003ca href=\"https://therideshareguy.com/\">The Rideshare Guy\u003c/a>, a blog focused on the gig economy. He’s also a part-time ride-hailing driver. “I'm a member of GetUpside. All the GetUpside stations where you can get 20 or 25 cents back have prices that are already 60 to 80 cents higher than where I buy my gas normally.”\u003c/p>\n\u003cp>Because ride-hailing drivers are classified as independent contractors and not employees, they must pay out of pocket for car parts and repairs. Yet, unlike other independent contractors, like an electrician or a plumber, for instance, they can’t set their own rates.[aside postID=\"news_11896845,news_11902881,news_11906414\" label=\"Related Posts\"]\u003c/p>\n\u003cp>“So it's kind of a silly point that Uber and Lyft make when they say, ‘We want you to be independent contractors but, wait a minute, you cannot decide on the price you charge for this ride,’” Avedian said.\u003c/p>\n\u003cp>In the meantime, an \u003ca href=\"https://www.coworker.org/petitions/gas-prices-3\">online petition\u003c/a> has been started, asking Uber and Lyft to increase rates for drivers. \u003c/p>\n\u003cp>Like ride-hailing drivers, San Francisco taxicab drivers also are not able to independently set their rates. Mark Gruberg has been a taxi driver in the city for nearly 40 years, and says taxicab drivers are also feeling the squeeze.\u003c/p>\n\u003cp>“After the rental of the taxi, which is the biggest expense, fuel prices would be the next biggest expense,\" said Gruberg. \"It's cutting a deep hole in pockets that are already pretty empty for a variety of reasons, including Uber and Lyft, including the pandemic, and including inflation in general.”\u003c/p>\n\u003cp>Gruberg says that any fare hikes would need to be approved by the San Francisco Municipal Transportation Agency. The last time taxi fares were increased was in 2011.\u003c/p>\n\u003cp>“Nothing like that has been scheduled and, far as I know, even discussed with them yet, because this latest blow is very recent, but I suspect that this conversation will come up,” said Gruberg.\u003c/p>\n\u003cp>The San Francisco Taxi Workers Alliance is set to meet Wednesday night.\u003c/p>\n\u003cp>Avedian says that barring any fare increases, there are some things ride-hailing drivers can do to make their work more profitable.\u003c/p>\n\u003cp>“Figure out what it costs you to run your car per hour, and just drive when you think you're profitable, like when Uber and Lyft offer you extra incentives on top of the regular base pay,” said Avedian.\u003c/p>\n\u003cp>As the war in Ukraine has intensified, President Biden announced yesterday further sanctions on Russia, declaring the United States would no longer import any Russian gas, oil or energy. \"Since [Vladimir] Putin began his military buildup on Ukrainian borders, just since then, the price of the gas at the pump in America went up 75 cents. And with this action, it’s going to go up further,” Biden said.\u003c/p>\n\u003cp>For now, Bay Area ride-hailing drivers will be picking up the bill.\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED's María Fernanda Bernal.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"With gas prices soaring nationwide, the cost in California has gone up to around $5.50. While this impacts nearly every corner of the economy, some of the people feeling the effects most directly are Bay Area ride-hailing drivers and taxi drivers.","status":"publish","parent":0,"modified":1646894041,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":820},"headData":{"title":"As Gas Prices Rise, Fares for Ride-Hailing Drivers Lag Behind | KQED","description":"With gas prices soaring nationwide, the cost in California has gone up to around $5.50. While this impacts nearly every corner of the economy, some of the people feeling the effects most directly are Bay Area ride-hailing drivers and taxi drivers.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"As Gas Prices Rise, Fares for Ride-Hailing Drivers Lag Behind","datePublished":"2022-03-09T18:00:06.000Z","dateModified":"2022-03-10T06:34:01.000Z","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":"11907530 https://ww2.kqed.org/news/?p=11907530","disqusUrl":"https://ww2.kqed.org/news/2022/03/09/as-gas-prices-rise-fares-for-ride-hailing-drivers-lag-behind/","disqusTitle":"As Gas Prices Rise, Fares for Ride-Hailing Drivers Lag Behind","excludeFromSiteSearch":"Include","path":"/news/11907530/as-gas-prices-rise-fares-for-ride-hailing-drivers-lag-behind","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Driven by inflation and Russia’s invasion of Ukraine, the average price for a gallon of gas has soared to $4.17 nationwide, the highest average price in 14 years. Here in the Bay Area, the price is even higher, hovering around $5.50. While rising gas prices affect nearly every corner of the economy, some of the people feeling the effects most directly are Bay Area ride-hailing and taxi drivers.\u003c/p>\n\u003cp>Rondu Gantt is a San Francisco resident who drives for Lyft and DoorDash. He says that companies should be paying their drivers more when gas prices spike.\u003c/p>\n\u003cp>“I think that it’s necessary to increase every driver’s base fare. If you don't want to increase the rate of pay, increase the base fare. Making a $5 minimum would definitely help cover the cap cost,” Gantt said.\u003c/p>\n\u003cp>While Lyft has not increased base fares or pay rates, it has partnered with a fuel cash-back program called GetUpside where drivers can earn $0.32 in cash back per gallon at certain gas stations, as well as 2% cash back when they use a Lyft debit card. Ride-hailing service Uber also has partnered with GetUpside.\u003c/p>\n\u003cp>“This program makes it easy for drivers to know where to get the best cash-back savings on gas, meaning more of the money they earn with Lyft can stay in their pockets,” said Zach Greenberger, head of strategic business development and global supply management at Lyft.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'So it's kind of a silly point that Uber and Lyft make when they say, ‘We want you to be independent contractors but, wait a minute, you cannot decide on the price you charge for this ride,’'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Sergio Avedian, Senior Contributor at The Rideshare Guy","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“That’s garbage,” said Sergio Avedian, senior contributor at \u003ca href=\"https://therideshareguy.com/\">The Rideshare Guy\u003c/a>, a blog focused on the gig economy. He’s also a part-time ride-hailing driver. “I'm a member of GetUpside. All the GetUpside stations where you can get 20 or 25 cents back have prices that are already 60 to 80 cents higher than where I buy my gas normally.”\u003c/p>\n\u003cp>Because ride-hailing drivers are classified as independent contractors and not employees, they must pay out of pocket for car parts and repairs. Yet, unlike other independent contractors, like an electrician or a plumber, for instance, they can’t set their own rates.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11896845,news_11902881,news_11906414","label":"Related Posts "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“So it's kind of a silly point that Uber and Lyft make when they say, ‘We want you to be independent contractors but, wait a minute, you cannot decide on the price you charge for this ride,’” Avedian said.\u003c/p>\n\u003cp>In the meantime, an \u003ca href=\"https://www.coworker.org/petitions/gas-prices-3\">online petition\u003c/a> has been started, asking Uber and Lyft to increase rates for drivers. \u003c/p>\n\u003cp>Like ride-hailing drivers, San Francisco taxicab drivers also are not able to independently set their rates. Mark Gruberg has been a taxi driver in the city for nearly 40 years, and says taxicab drivers are also feeling the squeeze.\u003c/p>\n\u003cp>“After the rental of the taxi, which is the biggest expense, fuel prices would be the next biggest expense,\" said Gruberg. \"It's cutting a deep hole in pockets that are already pretty empty for a variety of reasons, including Uber and Lyft, including the pandemic, and including inflation in general.”\u003c/p>\n\u003cp>Gruberg says that any fare hikes would need to be approved by the San Francisco Municipal Transportation Agency. The last time taxi fares were increased was in 2011.\u003c/p>\n\u003cp>“Nothing like that has been scheduled and, far as I know, even discussed with them yet, because this latest blow is very recent, but I suspect that this conversation will come up,” said Gruberg.\u003c/p>\n\u003cp>The San Francisco Taxi Workers Alliance is set to meet Wednesday night.\u003c/p>\n\u003cp>Avedian says that barring any fare increases, there are some things ride-hailing drivers can do to make their work more profitable.\u003c/p>\n\u003cp>“Figure out what it costs you to run your car per hour, and just drive when you think you're profitable, like when Uber and Lyft offer you extra incentives on top of the regular base pay,” said Avedian.\u003c/p>\n\u003cp>As the war in Ukraine has intensified, President Biden announced yesterday further sanctions on Russia, declaring the United States would no longer import any Russian gas, oil or energy. \"Since [Vladimir] Putin began his military buildup on Ukrainian borders, just since then, the price of the gas at the pump in America went up 75 cents. And with this action, it’s going to go up further,” Biden said.\u003c/p>\n\u003cp>For now, Bay Area ride-hailing drivers will be picking up the bill.\u003c/p>\n\u003cp>\u003cem>This post includes reporting from KQED's María Fernanda Bernal.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11907530/as-gas-prices-rise-fares-for-ride-hailing-drivers-lag-behind","authors":["11785"],"categories":["news_1758","news_8"],"tags":["news_27626","news_641","news_19904","news_4524","news_25675","news_30764","news_4523"],"featImg":"news_11907542","label":"news"},"news_11904157":{"type":"posts","id":"news_11904157","meta":{"index":"posts_1591205157","site":"news","id":"11904157","score":null,"sort":[1644231607000]},"guestAuthors":[],"slug":"is-uber-for-nurses-coming-to-california","title":"Is ‘Uber for Nurses’ Coming to California?","publishDate":1644231607,"format":"audio","headTitle":"Is ‘Uber for Nurses’ Coming to California? | KQED","labelTerm":{},"content":"\u003cp>A proposal to spread the gig economy to health care could be on the ballot this fall. A group calling itself Californians for Equitable Healthcare Access has filed a measure to classify nurses, dental hygienists, occupational therapists and other health care workers who find work online as independent contractors.\u003c/p>\n\u003cp>The law firm that submitted this proposal also worked on Proposition 22, which allowed companies to make app-based drivers independent contractors, instead of employees with benefits like health insurance. Prop. 22 passed overwhelmingly — thanks in large part to the hundreds of millions of dollars that gig companies like Uber spent on it. So could it happen again, but with health care?\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/levisu\">Levi Sumagaysay\u003c/a>, MarketWatch senior reporter\u003c/span>\u003c/p>\n\u003cp>\u003cb>Links:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11847273/with-prop-22-approved-regulating-gig-companies-just-got-a-lot-harder\">With Prop. 22 Approved, Regulating Gig Companies Just Got A Lot Harder\u003c/a>\u003c/li>\n\u003cli>\n\u003cp class=\"article__headline\">\u003ca href=\"https://www.marketwatch.com/story/uber-for-nurses-initiative-targets-healthcare-for-a-gig-work-law-11643404860\">‘Uber for nurses?’: Initiative targets healthcare for a ‘gig work’ law\u003c/a>\u003c/p>\n\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1700690830,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":6,"wordCount":149},"headData":{"title":"Is ‘Uber for Nurses’ Coming to California? | KQED","description":"A proposal to spread the gig economy to health care could be on the ballot this fall. A group calling itself Californians for Equitable Healthcare Access has filed a measure to classify nurses, dental hygienists, occupational therapists and other health care workers who find work online as independent contractors. The law firm that submitted this","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Is ‘Uber for Nurses’ Coming to California?","datePublished":"2022-02-07T11:00:07.000Z","dateModified":"2023-11-22T22:07:10.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/traffic.megaphone.fm/KQINC9420371591.mp3?updated=1644022693","excludeFromSiteSearch":"Include","path":"/news/11904157/is-uber-for-nurses-coming-to-california","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A proposal to spread the gig economy to health care could be on the ballot this fall. A group calling itself Californians for Equitable Healthcare Access has filed a measure to classify nurses, dental hygienists, occupational therapists and other health care workers who find work online as independent contractors.\u003c/p>\n\u003cp>The law firm that submitted this proposal also worked on Proposition 22, which allowed companies to make app-based drivers independent contractors, instead of employees with benefits like health insurance. Prop. 22 passed overwhelmingly — thanks in large part to the hundreds of millions of dollars that gig companies like Uber spent on it. So could it happen again, but with health care?\u003c/p>\n\u003cp>\u003cb>Guest: \u003c/b>\u003cspan style=\"font-weight: 400\">\u003ca href=\"https://twitter.com/levisu\">Levi Sumagaysay\u003c/a>, MarketWatch senior reporter\u003c/span>\u003c/p>\n\u003cp>\u003cb>Links:\u003c/b>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11847273/with-prop-22-approved-regulating-gig-companies-just-got-a-lot-harder\">With Prop. 22 Approved, Regulating Gig Companies Just Got A Lot Harder\u003c/a>\u003c/li>\n\u003cli>\n\u003cp class=\"article__headline\">\u003ca href=\"https://www.marketwatch.com/story/uber-for-nurses-initiative-targets-healthcare-for-a-gig-work-law-11643404860\">‘Uber for nurses?’: Initiative targets healthcare for a ‘gig work’ law\u003c/a>\u003c/p>\n\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11904157/is-uber-for-nurses-coming-to-california","authors":["8654","11649"],"programs":["news_28779"],"categories":["news_8","news_33520"],"tags":["news_30083","news_28581","news_22598","news_4523"],"featImg":"news_11904170","label":"source_news_11904157"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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