With a Huge Victory, UK Uber Driver Moves on to Next Gig Worker Battlefront

From today’s Inequality.org:

In recent weeks, courts in multiple countries have delivered huge victories for gig workers by establishing the principle that these workers are, in fact, employed by digital platforms and are thus entitled to basic worker rights and protections.

The most stunning win was the UK Supreme Court’s recent scathing judgement against Uber. While lower courts had ruled again and again that UK-based drivers are in fact workers, the company had refused to comply with this classification until this final ruling.

James Farrar, a former Uber driver and a lead plaintiff in the case, is celebrating this huge victory, which means that gig workers will have the right to wage protections, holiday pay, and other basic benefits. But during six years of litigation against Uber, Farrar and his colleagues realized that gig workers would need to fight on additional fronts. Right now, these employees lack access to the data that their app-based employers gather about them.

To take on this critical battlefront for worker rights in the 21st Century, Farrar has founded Worker Info Exchange. I asked Farrar to explain why he started this new nonprofit organization and what it hopes to achieve.

How did you come to realize the need for a data rights strategy?

When we brought the employment case, Uber challenged me with my own data and they came to the tribunal with sheaves of paper that detailed every hour I worked, every job I did, how much I earned, whether I accepted or rejected jobs. And they tried to use all this against me. And I said we cannot survive and cannot sustain worker rights in a gig economy without some way to control our own data.

So I used Europe’s General Data Protection Regulation (GDPR) to try to extract my data from Uber. And it began by asking questions, what data do you have and what can you give me? And I began to understand that Uber was unwilling or unable or both to give it to me. And I needed an entity behind me to get that to happen.

How will access to their data help workers?

Gig workers need access to data to see how they are being managed and paid. Right now companies are using automated decision making. This means allocation of work, performance management, and dismissals are decided based on data that the app gathers and feeds into algorithms. We need to understand the code behind those because sometimes those decisions are unfair. When decisions are unfair we can’t just let company executives say it wasn’t intentional. We need to expose and challenge the logic fed into the algorithm. Very few people are doing this right now.

GDPR is useful because it doesn’t just give you the right to data, it’s access to logic of processing. I have a right to fairness of processing under GDPR. So data rights are more comprehensive than just simple access to raw information. What we have done so far is challenge Uber to disclosure — what data the app collects, things like GPS trace. But what we really want are inference data. What decisions has it made about me? How has it profiled me? How does that affect my earnings? This is what Uber has not given us.

Read the complete article here.

MLB Pulls All-Star Game from Atlanta in Protest of Restrictive New Voting Law

From today’s NBC News Online:

Major League Baseball on Friday pulled this year’s All-Star Game out of Atlanta in protest of Georgia’s new restrictive voting law.

The “Midsummer Classic” was set for July 13 at Truist Park, home of the Atlanta Braves, in addition to other activities connected to the game, such as the annual MLB Draft.

“I have decided that the best way to demonstrate our values as a sport is by relocating this year’s All-Star Game and MLB Draft,” Commissioner Robert D. Manfred Jr. said in a statement. “Major League Baseball fundamentally supports voting rights for all Americans and opposes restrictions to the ballot box.”

Georgia Republicans passed restrictive changes to the state election process last month. The new law adds a host of restrictions, like requiring identification for mail voting and making it illegal to take food or water to voters in line.

Republican Gov. Brian Kemp signed the bill into law immediately, calling it “common sense” legislation while aligning himself with former President Donald Trump in remarks promoting the bill.

MLB is “finalizing a new host city and details about these events will be announced shortly,” according to Manfred. The commissioner said All-Star Game festivities would still include tributes to Henry Aaron, the legendary Braves slugger who died earlier this year at age 86.

The All-Star Game, which features the best players of the National and American Leagues, had been slated for Dodger Stadium in Los Angeles last year but had to be cancelled due to the coronavirus pandemic.

“We proudly used our platform to encourage baseball fans and communities throughout our country to perform their civic duty and actively participate in the voting process,” Manfred added. “Fair access to voting continues to have our game’s unwavering support.”

The Braves said they were “deeply disappointed” by the MLB action and had hoped the All-Star Game would serve as a vehicle to highlight the importance of voting rights.

Read the complete article here.

California pays homage today to another American hero with a complex legacy

From today’s Los Angeles Times:

Let me tell you about an American hero whom the San Francisco Unified School District Board of Education might find, um, troublesome.

Cesar Chavez stands surrounded by reporters.

He opposed undocumented immigrants to the point of urging his followers to report them to la migra. He accepted an all-expenses-paid trip from a repressive government and gladly received an award from its ruthless dictator despite pleas from activists not to do so.

He paid his staff next to nothing. Undercut his organization with an authoritarian style that pushed away dozens of talented staffers and contrasted sharply with the people-power principles he publicly espoused. And left behind a conflicted legacy nowhere near pure enough for today’s woke warriors.

A long-dead white man? A titan of the business world? Perhaps a local politician?

Try Cesar Chavez. The United Farm Workers founder is the first person I always think about whenever there’s talk about canceling people from the past. He’s on my mind again, and not just because this Wednesday is his birthday, an official California holiday.

On Jan. 27, the San Francisco school board voted to rename 44 schools that it felt honored people who didn’t deserve the homage. Some of the condemned make sense — Father Junipero Serra, for instance, or Commodore John Sloat, the Navy officer who conquered California in the name of Manifest Destiny. Others are worthy of debate. Should we really champion Thomas Jefferson, the writer of the Declaration of Independence who also fathered multiple children with his slave, Sally Hemings? Or John Muir, the beloved naturalist who didn’t think much of Black and Indigenous people?

The board’s move was rightfully met with disbelief and derision. In a year when parents are clamoring for schools to reopen, this is what board members spent their time on? And are kids really harmed if they attend a school named after Robert Louis Stevenson or Paul Revere?

Which brings us back to Chavez, the revered labor leader whose bust President Biden recently put on prominent display behind his desk in the Oval Office. On Wednesday, First Lady Jill Biden will travel to Delano, Calif., to celebrate the state holiday with the Cesar Chavez and United Farm Workers foundations, her office announced over the weekend.

Read the complete article here.

San Jose passes mandatory $3-an-hour pay raise for grocery workers

From today’s San Jose Mercury News:

Thousands of San Jose grocery store workers will soon receive a $3-an-hour boost on their paychecks, as San Jose became the latest city to pass a new ordinance compelling large grocers to offer their employees  hazard pay for their high risk of catching COVID-19 at work.

The San Jose City Council voted 7-3 Tuesday night for a new ordinance temporarily requiring corporate grocery stores, chain supermarkets and retail stores that sell groceries and employ at least 300 people nationwide to pay workers an additional $3 an hour on top of their regular wages. The ordinance will last for 120 days after it goes into effect. Small businesses and franchises with less than 300 employees are exempt.

The ordinance failed to clear a requirement that it must be backed by at least eight members of the council to become effective immediately. Instead, the majority vote means that the new ordinance will be enacted in about two months.

Councilman Sergio Jimenez, who crafted the ordinance, said he had hoped that it would have garnered more support but was nonetheless pleased that the city will provide relief to front line grocery workers.

“I feel strongly that this is the right thing to do in my gut,” Jimenez said. “And I’m hoping that in 120 days, the sky didn’t fall, stores didn’t close, the economy is looking up and these companies continue to do well.”

San Jose will soon join the cities of Oakland, Long Beach, Santa Monica and Seattle, which have all passed similar ordinances in recent weeks to mandate increased wages for grocery store workers. Santa Clara County will vote later this month on a $5-an-hour boost on the paychecks of workers in grocery stores and fast-food restaurants everywhere in the county, except for San Jose.

San Jose Mayor Sam Liccardo and council members Dev Davis and Matt Mahan voted against the ‘hazard pay’ legislation Tuesday night, citing an inadequate analysis of the possible financial effects, concerns over potential store closings and increased grocery prices and a disagreement over exactly which companies should be affected by the legislation. Councilmember Pam Foley recused herself from the vote because she holds stock in Amazon, the owner of Whole Foods, which would be affected by the ordinance.


Read the complete story here.

U.S. voting rights activist Stacey Abrams nominated for Nobel Peace Prize

From today’s Reuter’s Online:

U.S. voting rights activist and Democratic Party politician Stacey Abrams has been nominated for this year’s Nobel Peace Prize for her work to promote nonviolent change via the ballot box, a Norwegian lawmaker said on Monday.

Abrams, whose work was credited with boosting voter turnout last year, helping Joe Biden win the U.S. presidency, joins a long list of nominees, including both former President Donald Trump and his son-in-law, former White House adviser Jared Kushner.

“Abrams’ work follows in Dr. Martin Luther King Jr.’s footsteps in the fight for equality before the law and for civil rights,” said Lars Haltbrekken, a Socialist Party member of Norway’s parliament.

King, a Baptist minister who became a leader of the 1960s civil rights movement, won the Nobel prize in 1964 and remains among its most famous laureates.

“Abrams’ efforts to complete King’s work are crucial if the United States of America shall succeed in its effort to create fraternity between all its peoples and a peaceful and just society,” Haltbrekken said.

Thousands of people, from members of parliaments worldwide to former winners, are eligible to propose candidates, and a nomination does not imply endorsement from the Nobel committee in Oslo.

Read the complete article here.

J-1 Visa Recipients Stuck in US during Pandemic Are Demanding Their Rights

From today’s The Nation Magazine Online:

By mid-March, Mars was starting to worry. The 27-year-old was living and working in Little Rock, Ark., where the mayor had just imposed a midnight curfew. Restaurants and shopping malls were beginning to be shuttered. On March 20, Arkansas recorded the state’s biggest one-day spike in Covid-19 cases since the outbreak began.

Mars is from the Philippines, and he came to the United States last year on a visa called the J-1. Technically, his J-1 visa is meant for “trainees”; by March, he was eight months into a year-long work placement at a well-known hotel chain where he was supposed to be receiving management training. (He and the other workers interviewed for this story asked The Nation not to publish their last names or the names of their workplaces for fear of retaliation.) To get that position, which paid $11 an hour, Mars had to pay $10,000—plus a $7,000 bond—to a recruiting agency in the Philippines, which then arranged the placement through the State Department’s J-1 Visa Exchange Visitor Program. He arrived in Little Rock in debt. 

Mars had been keeping tabs on the hotel’s occupancy rate, noting the rising number of cancellations. When he raised concerns to the HR department on March 19, they assured him that the hotel staff would weather the crisis as a team. Three days later, HR handed him a termination letter.

I didn’t know what to do,” Mars told me“I felt betrayed.”

Mars became one of thousands of J-1 visa program participants—many of them from the Philippines—who have been effectively stranded in the United States after losing their positions because of Covid-19. They may be unable or unwilling to return home. Many paid thousands of dollars in fees to get here, and some worked only a few days or weeks before being laid off. The stakes are especially high for Filipino recipients; remittances sent home by overseas Filipinos keep an estimated 10 million Filipino families afloat. J-1 workers also face a hurdle that other overseas Filipino workers, or OFWs, do not: Neither the US nor the Philippine government considers them workers.

The J-1 is officially a cultural exchange visa, admitting 300,000 people into the United States each year. Despite little employer accountability and no Labor Department oversight, J-1 visa recipients have increasingly been used to fill US employers’ labor needs in hospitality, teaching, and other fields.  The Philippine government, similarly to the US State Department, classifies J-1 participants as study abroad students, rather than overseas workers. Yet US government oversight agencies, labor advocacy nonprofits, and grassroots organizations argue that the visa program functions as an unregulated pipeline for temporary migrant labor and props up US industries like hospitality and tourism. At its worst, the program creates the conditions for human trafficking.  

Read the complete article here.

How to tell kids the REAL story behind the Thanksgiving Holiday

From Today Online:

Most people hear the story of Thanksgiving from a young age and it’s pretty simple. A group of Pilgrims, fleeing religious persecution, sail to North American and settle on Plymouth Rock. After a hard winter, they celebrate a successful harvest with their new neighbors, Native Americans. Everybody’s grateful; the end.

Visit project562.com for amazing photos of America’s First Nations and Indigenous Peoples.

But that’s only half the story. The Wampanoag tribe, the Indigenous people who lived at Plymouth Rock, experienced this moment very differently. Are your kids ready to hear the real history? The answer is probably yes.

“Parents can start by telling their kids the truth and offering their children the more complex narrative. Kids are smart and capable of understanding,” Matika Wilbur of the Swinomish and Tulalip tribes told TODAY Parents. She co-hosts the podcast All My Relations, which recently aired an episode called “Thanksgiving or Thankstaking?” that aims to understand the Wampanoag perspective.

“Thanksgiving is rooted in a historical fallacy,” Wilbur said, and the story is tied to the idea of white supremacy. “The main Pilgrim narrative coincides with colonization that was inherently oppressive and brutal.”

Parents might balk at introducing the “real history” to their children because they think their children can’t handle it. But that’s not giving them enough credit, Wilbur said.

The back story of Thanksgiving

Wilbur — who traveled to over 400 Tribal Nations for her documentary Project 562 — and her co-host Adrienne Keene, a citizen of the Cherokee Nation who is an assistant professor of American Studies and Ethic Studies at Brown University, spoke with Paula Peters and Linda Coombs, Wampanoag historical scholars, for the episode.

Peters said sharing the Wampanoag perspective is essential but can be tough for parents.

“It’s difficult because we have to talk about some raw topics in order to get a fuller, clearer understanding,” Peters, a citizen of Mashpee Wampanoag Tribe and a researcher and journalist, told TODAY Parents. “Quite honestly, cherry picking that moment when the Wampanoag and Puritans happen to break bread as the ‘Kumbaya’ moment really does not do it any justice. The Wampanoag have been marginalized and forgotten and the back story is so incredibly critical for what ultimately happens.”

Read the complete article here.

Supreme Court ruling allows plan for religious limits to Obamacare contraceptive coverage

From today’s NBC News Online:

The U.S. Supreme Court on Wednesday cleared the way for the Trump administration to give the nation’s employers more leeway in refusing to provide free birth control for their workers under the Affordable Care Act.

The ruling is a victory for the administration’s plan to greatly expand the kinds of employers who can cite religious or moral objections in declining to include contraceptives in their health care plans. Up to 126,000 women nationwide would lose birth control coverage under President Donald Trump’s plan, the government estimated. Planned Parenthood said nearly nine in 10 women seek contraceptive care of some kind during their lifetimes.

The Affordable Care Act, better known as Obamacare, gives the government authority to create the religious and moral objections, said Justice Clarence Thomas for the court’s 7-2 majority. The Department of Health and Human Services “has virtually unbridled discretion to decide what counts as preventive care and screenings,” and that same authority “leaves its discretion equally unchecked in other areas, including the ability to identify and create exemptions from its own guidelines,” he said.

In dissent, Justices Ruth Bader Ginsburg and Sonia Sotomayor said the court in the past has struck a balance in religious freedom cases, so that the beliefs of some do not overwhelm the rights of others.

“Today for the first time, the court casts totally aside countervailing rights and interests in its zeal to secure religious rights to the nth degree” and “leaves women workers to fend for themselves” in seeking contraceptive services, they said.

Women’s groups condemned the ruling. The National Women’s Law Center said more than 61 million women get birth control coverage through Obamacare.

“The Supreme Court’s decision will leave their ability to receive this critical coverage at the whim of their employers and universities,” the group said. “This decision will disproportionately harm low-wage workers, people of color, LGBTQ people, and others who already face barriers to care.”

Read the complete article here.

Employer-Based Health Care, Meet Massive Unemployment from Pandemic

From today’s New York Times:

In the early months of 2020, Americans were engaged in the perennial election-year debate over how best to reform the nation’s health care system. As usual, the electorate was torn and confused. Polling indicated that a small majority of likely voters favored a new universal system that would cover everyone. But that support evaporated when it was made clear that any such overhaul would involve abolishing the private insurance market. At the time, nearly 160 million Americans received their health benefits through an employer, and the vast majority of them liked that coverage just fine — maybe not enough to sing about it, but enough to be wary of a potential replacement.

Then came the pandemic of the century. And the highest level of unemployment since the Great Recession. And the most concentrated wave of job loss in the nation’s history — more than 40 million Americans filed new unemployment claims between mid-March and late May. It will take time to ascertain the full impact of those losses on the nation’s health insurance rate, but an early survey from the Commonwealth Fund is not encouraging: 41 percent of those who lost a job (or whose spouse lost a job) because of the pandemic relied on that job for health insurance; 20 percent of those people have not managed to secure alternative coverage.

Nothing illuminates the problems with an employer-based health care system quite like massive unemployment in the middle of a highly contagious and potentially deadly disease outbreak. For one thing, uninsured people are less likely to seek medical care, making this coronavirus that much more difficult to contain. Also, people with chronic or immune-compromising medical conditions are particularly susceptible to this new contagion — which means the people most in need of employer-sponsored health benefits are the same ones who can least afford to return to work at the moment.

“The pandemic has amplified all the vulnerabilities in our health care system,” says Drew Altman, president of the nonpartisan Kaiser Family Foundation, including “the uninsured, racial disparities, the crisis of unmanaged chronic conditions and the general lack of national planning.”

As dire as the crisis is, though, it’s also an opportunity to look at health care reform with fresh eyes — and to maybe, finally, rebuild the nation’s health care system in a way that works for all Americans, not just the wealthy and the well employed.

The first step will be acknowledging the problems of our current system. If American health care were its own country, it would be the fourth largest in the world by gross domestic product. The nation spends an average of $3.5 trillion per year on health care — more than Japan, Germany, France, China, the United Kingdom, Italy, Canada, Brazil, Spain and Australia combined — and still loses more people to preventable and treatable medical conditions than any of those countries do.

In other words, America has created the most expensive, least effective health care system in the modern world, and the most vulnerable Americans have been paying for that failure with their lives since long before the coronavirus came to town.

Read the complete article here.