A quantity Uber and Lyft drivers are protesting outdoors of Uber’s San Francisco headquarters to demand the passage of Assembly Bill 5 and the proper to unionize. This is portion of a 3-day caravan across California organized by Gig Workers Increasing and Mobile Workers Alliance.
“The journey is inspired by the United Farm Workers 1966 pilgrimage from Delano to Sacramento, led by Cesar Chavez,” MWA wrote on its weblog. “Like gig workers in California, farm workers were thought to be impossible to organize and their exploitation was taken as a given by the public at large. The UFW proved the doubters wrong and we will too.”
The aim of the caravan is to rally drivers all through California to advocate for their collective rights and make it clear to legislators they want AB-5 to pass. AB-5 seeks to codify the ruling established in Dynamex Operations West, Inc. v Superior Court of Los Angeles. In that case, the court applied the ABC test and decided Dynamex wrongfully classified its workers as independent contractors primarily based on the presumption that “a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits…”
These who operate as 1099 contractors can set their personal schedules, and make a decision when, exactly where and how significantly they want to operate. For employers, bringing on 1099 contractors indicates they can prevent paying payroll taxes, overtime spend, advantages and workers’ compensation.
According to the ABC test, in order for a hiring entity to legally classify a worker as an independent contractor, it will have to prove the worker is totally free from the handle and path of the hiring entity, performs operate outdoors the scope of the entity’s enterprise and is often engaged in an “independently established trade, occupation, or business of the same nature as the work performed.”
In quick, AB-5, which has currently passed in the California State Assembly, would guarantee gig economy workers are entitled to minimum wage, workers’ compensation and other advantages.
Right now represents the third protest at Uber’s HQ considering that Might, when drivers protested ahead of Uber’s IPO. Their demands have remained constant, asking for greater wages, advantages, transparent policies, a voice and the proper to type a union.
But neither Lyft nor Uber desires AB-5 pass. Uber says drivers inform the business what they worth most is the flexibility to operate anytime, wherever and for whomever they want.
“We believe that independent, on-demand workers should not have to sacrifice security to enjoy that flexibility,” an Uber spokesperson told TechCrunch. “That’s why we’ve been working with stakeholders to find a path forward that provides a minimum earnings guarantee for drivers; a robust package of portable benefits they can access no matter which rideshare company they drive for; and meaningful representation that gives them a say on matters affecting their lives and livelihood.”
Similarly, Lyft says it’s advocating for an method that is in line with the interests of its drivers, which would entail flexibility and advantages.
“That’s why we’;ve been working with lawmakers and labor leaders on a different solution, so drivers can continue to control where, when, and how long they drive, while also having some basic protections like a minimum earnings floor, a system of worker-directed portable benefits, and representation,” the spokesperson stated.
It’s worth noting that Gig Workers Increasing and Mobile Workers Alliance do not represent all drivers. Lyft has shared thousands of messages it says drivers have sent to legislators demanding they defend their flexibility. Even so, as driver and protest organizer Annette Rivero previously told TechCrunch’s Greg Epstein, “AB5 doesn’t take away anybody’s flexibility, it’s the companies that take away the flexibility. Because I know that that’s something that everyone’s stuck on right now, and it’s a lie. There’s no truth to it.”