Biden administration blocks Trump-era rule affecting gig workers’ employment

From today’s Reuters News Service:

The Biden administration on Wednesday blocked a Trump-era rule that would have made it easier to classify gig workers who work for companies like Uber and Lyft as independent contractors instead of employees, signaling a potential policy shift toward greater worker protections.

Shares of companies that employ gig labor such as Uber, Lyft and DoorDash immediately pared gains. At 2.15 p.m. ET (1815 GMT) Uber shares traded down 3.2%, Lyft was down 5.8% and DoorDash fell 5%.

“By withdrawing the independent contractor rule, we will help preserve essential worker rights and stop the erosion of worker protections that would have occurred had the rule gone into effect,” Labor Secretary Marty Walsh said in a statement.

“Too often, workers lose important wage and related protections when employers misclassify them as independent contractors,” he said.

Walsh told Reuters in an interview last week that a lot of U.S. gig workers should be classified as “employees” who deserve work benefits. His comments hurt stocks of companies that employ gig labor.

Walsh said in the interview that his department would have conversations in coming months with companies that employ gig labor to make sure workers have access to consistent wages, sick time, healthcare and “all of the things that an average employee in America can access.”

An Uber spokesman acknowledged on Wednesday the current employment system is outdated.

“It forces a binary choice upon workers: to either be an employee with more benefits but less flexibility, or an independent contractor with more flexibility but limited protections.”

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Labor Secretary Says Gig Workers Should Be Converted to Employees

From today’s Forbes Magazine:

President Joe Biden positioned himself as the champion of the American worker during his campaign, as well as an ardent proponent of unions. On Thursday, Biden’s Labor Secretary, Marty Walsh, told Reuters that gig workers should be treated as employees.

This simple statement could become an existential threat to app-based technology companies, such as Uber, Lyft, Instacart, DoorDash and dozens of others that heavily rely upon gig-economy workers.

The tech companies are basically built on the backs of contract workers. However, these gig workers are not classified as employees. Without the designation, contractors don’t qualify for traditional benefits, rights and privileges that are afforded to full-time permanent employees.

This sector represents a significant part of the economy. About 55 million Americans work in the gig economy, comprising around 36% of the workforce. If the Biden administration decides to take action based upon Walsh’s plan, it could have devastating consequences. 

Walsh seeks to rectify the situation by reclassifying contract workers as “employees.” The labor secretary said, “We are looking at it, but in a lot of cases, gig workers should be classified as employees…in some cases they are treated respectfully and in some cases they are not and I think it has to be consistent across the board.” Based upon this news, shares of Uber fell as much as 8%, while Lyft took a dive by 12%. Doordash fell nearly 9% and Grubhub was down 3.3%.

There are concerns raised by opponents of the gig-economy structure who say, similar to Walsh, it doesn’t seem fair to workers. Venture capitalists, institutions and wealthy individuals have flooded capital into this sector. When the tech companies went public, the investors, CEOs and top executives reaped vast fortunes. Contractors serve as cheap labor. If they acquiesce to critics like Walsh, they risk losing multimillions or billions of dollars. 

While many people earn a livelihood driving cars, delivering food and offering creative services through on-demand companies, there is a dark side. The contractors work long, hard hours for little pay and no real benefits. Near-monopolies have been created that crush or drive out the competition. Look at what happened to the once-ubiquitous yellow taxi cabs when Uber came to New York City. 

Uber, Lyft, DoorDash, Grubhub and other similar gig-based companies are highly dependent upon independent contractors. They have a financial self-interest in classifying drivers or workers as contractors. This model enables corporations to avoid paying payroll taxes, FICA (Social Security and Medicare), disability, federal and state-level unemployment and health insurance benefits. They are not required to comply with minimum-wage laws nor offer vacation days. 

Read the complete article here.

Senators who voted against $15 minimum wage represent three-quarters of workers who would benefit

From today’s Business Insider:

Of the 32 million workers who would receive a raise under a $15 minimum wage, 24 million are in states where senators voted against it, according to a new report from the left-leaning Economic Policy Institute (EPI).

That works out to 75% of all the workers who would benefit from a higher federal minimum. The 32 million workers who would be impacted represent 21% of the overall workforce, according to the report.

Sen. Bernie Sanders’ push to include a provision for raising the wage to $15 by 2025 was voted down on Friday. Seven Democrats — including the moderates Joe Manchin and Kyrsten Sinema — joined Republicans in voting down the measure. Also voting against was independent Angus King of Maine, who caucuses with the Democrats.

The EPI report found that increasing the minimum wage to $15 by 2025 would also benefit America’s essential and frontline workers. It would be a wage hike for 19 million of them, around 60% of all workers impacted. 

As Insider’s Grace Dean previously reported, almost a third of Black workers would get a raise under the policy; EPI also found that 26% of Hispanic workers would benefit from the bump.

A $15 minimum wage has broad support. In an Insider poll, over 60% of respondents said they would definitely or probably support a $15 minimum wage. Respondents were more split on when an increase should come into effect: 39% said that, were the increase to go into effect, a “$15 minimum wage should be implemented immediately.” Conversely, 50% would “prefer a phased rollout, gradually raising the minimum wage annually to $15 in 2025.”

Sanders’ Raise the Wage Act would have raised the federal minimum wage to $15 by 2025. Even that schedule wasn’t quick enough for some minimum wage workers.

Cynthia Murray, a Walmart associate and member of United for Respect, testified at a Senate budget committee hearing on the proposed increase

Read the complete article here.

What McDonald’s Shows Us About Raising the Minimum Wage

From today’s NPR News Online:

On November 29, 2012, dozens of fast-food workers assembled at a McDonald’s in midtown Manhattan to demand better pay. Their demonstration kicked off a massive wave of protests for a $15 minimum wage. Since then, cities and states around the nation have taken action. And now, the federal government, led by President Biden and a Democratic-controlled Congress, has begun to consider making the $15 minimum wage national.

McDonald’s is one of the nations’ biggest employers of low-wage workers. As such, it was kind of the perfect place to launch what was, in retrospect, the beginning of an historic labor movement. A new study by economists Orley Ashenfelter and Štěpán Jurajda suggests McDonald’s is also kind of the perfect place to test the effects of the minimum wage increases that workers have been fighting for.

Ashenfelter is an economist at Princeton University, and he’s spent a couple decades studying McDonald’s. Back in 2012, when he was president of the American Economic Association, he even dedicated part of his big presidential address to the company. And it’s not just because, as he told us, his “favorite meal is fries, a chocolate shake, and a Big Mac.” He views McDonald’s as a kind of natural “laboratory” to compare and contrast different labor markets. I mean, think about it: each McDonald’s restaurant is pretty much the same; the workers have almost identical jobs, regardless of which part of the world they’re in; the food they make is generally the same; and McDonald’s are basically everywhere.

Meanwhile, over the last decade, a McFlurry of cities and states has been raising their minimum wages. In their new study, Ashenfelter and Jurajda use McDonald’s restaurants as a kind of treatment and control group to assess the impact of these new minimum wage laws. They obtained data on hourly wage rates of McDonald’s “Basic Crew” employees, the prices of Big Macs, and other information from about ten thousand McDonald’s restaurants between 2016 and 2020. And they crunched the numbers to see what happens when a city or state increases its minimum wage.

One big fear of a higher minimum wage is that it could cause businesses to replace their workers with machines. Ashenfelter and Jurajda found some McDonald’s restaurants have already installed touch screens, so customers can input their meal orders without interacting with a human being. But they also found that those touch screens weren’t installed in response to a higher minimum wage. “We couldn’t find any relationship between minimum wage increases and the adoption of touch screen technology,” Ashenfelter says.

Read the complete article here.

$15 Minimum Wage Would Reduce Poverty But Cost Jobs, CBO Says

From today’s NPR News Online:

Raising the federal minimum wage to $15 an hour by 2025 would increase wages for at least 17 million people, but also put 1.4 million Americans out of work, according to a study by the Congressional Budget Office released on Monday.

A phase-in of a $15 minimum wage would also lift some 900,000 out of poverty, according to the nonpartisan CBO. This higher federal minimum could raise wages for an additional 10 million workers who would otherwise make sightly above that wage rate, the study found.

Potential job losses were estimated to affect 0.9 percent of workers, the CBO wrote, adding: “Young, less educated people would account for a disproportionate share of those reductions in employment.”

President Biden has advocated for a gradual increase of the federal minimum over several years. The threshold has been stuck at $7.25 an hour since 2009. Dozens of states and cities have surpassed that level; several are already on track to $15 an hour.

Democrats in Congress have vowed to push ahead on raising the federal minimum, although the efforts to include the $15 minimum plan in coronavirus relief legislation have stalled.

Read the complete news story here.

Biden to sign executive orders boosting workers’ rights and pushing for $15 minimum wage for federal staff

From today’s Business Insider Online:

President Joe Biden has planned a series of actions aimed at raising the minimum wage for federal staff to $15 and boosting workers’ rights, Brian Deese, his National Economic Council director, told reporters on Thursday.

This includes two executive orders Biden is set to sign on Friday. With one order, the Department of Labor would be asked to clarify that people seeking employment can continue to claim jobless benefits if they turn down a job because it puts their health at risk.

White House officials said the order would provide workers “a federally guaranteed right to refuse employment that will jeopardize their health, and if they do so, they will still qualify for unemployment insurance,” The New York Times reported.

Biden is set to ask agencies to review which federal workers make less than $15 an hour and to develop recommendations to boost them to that wage. That order would overturn three executive orders that President Donald Trump signed in 2018 that limited job protections for federal employees and weakened their labor unions.

Biden has asked his team to prepare another executive order to ensure that federal contractors offer a $15 minimum wage alongside emergency paid leave. Biden plans to sign this order in his first 100 days in office, Deese said.

The two executive orders Biden is set to sign on Friday also include measures to bolster food aid for people struggling with hunger during the coronavirus pandemic and to push for improved delivery of stimulus checks.

Read the complete article here.

OnlyFans: Jobless from the Pandemic, Selling Nudes Online and Still Struggling

From today’s New York Tiimes:

Savannah Benavidez stopped working at her job as a medical biller in June to take care of her 2-year-old son after his day care shut down. Needing a way to pay her bills, she created an account on OnlyFans — a social media platform where users sell original content to monthly subscribers — and started posting photos of herself nude or in lingerie.

Ms. Benavidez, 23, has made $64,000 since July, enough not just to take care of her own bills, but to help family and friends with rent and car payments.

“It’s more money than I have ever made in any job,” she said. “I have more money than I know what to do with.”

Lexi Eixenberger was hoping for a similar windfall when she started an OnlyFans account in November. A restaurant worker in Billings, Mont., Ms. Eixenberger, 22, has been laid off three times during the pandemic and was so in need of cash by October that she had to drop out of dental hygiene school. After donating plasma and doing odd jobs, she still didn’t have enough to pay her bills, so at the suggestion of some friends, she turned to OnlyFans. She has made only about $500 so far.

OnlyFans, founded in 2016 and based in Britain, has boomed in popularity during the pandemic. As of December, it had more than 90 million users and more than one million content creators, up from 120,000 in 2019. The company declined to comment for this article.

With millions of Americans unemployed, some like Ms. Benavidez and Ms. Eixenberger are turning to OnlyFans in an attempt to provide for themselves and their families. The pandemic has taken a particularly devastating toll on women and mothers, wiping out parts of the economy where women dominate: retail businesses, restaurants and health care.

“A lot of people are migrating to OnlyFans out of desperation,” said Angela Jones, an associate professor of sociology at the State University of New York at Farmingdale. “These are people who are worried about eating, they’re worried about keeping the lights on, they’re worried about not being evicted.”

But for every person like Ms. Benavidez, who is able to use OnlyFans as her primary source of income, there are dozens more, like Ms. Eixenberger, who hope for a windfall and end up with little more than a few hundred dollars and worries that the photos will hinder their ability to get a job in the future.

Grocery chains nationwide ditching in-house delivery drivers in wake of Prop 22

From today’s Business Insider:

Albertsons and some of its subsidiaries, including Vons and Pavilions, are discontinuing their in-house delivery services in parts of California and other states starting in February. The grocery chains will instead rely more heavily on third-party delivery apps, including DoorDash, to handle grocery deliveries, local news outlet KNOCK reported Monday.

“In early December, Albertsons Companies made the strategic decision to discontinue using our own home delivery fleet of trucks in select locations, including Southern California, beginning February 27, 2021,” Albertsons spokesperson Andrew Whelan told Business Insider.

“We will transition that portion of our eCommerce operations to third-party logistics providers who specialize in that service. Our HR teams are working to place impacted associates in stores, plants, and distribution centers,” Whelan said.

Albertsons didn’t respond to questions about employees losing their jobs. In Texas, the company told the Dallas Morning News that it will also fire nearly 100 employees at Tom Thumb locations.

“With COVID-19 outbreaks spiraling out of control and overwhelming hospitals across California, it is stunning that Albertsons would fire these courageous and hard-working men and women keeping our food supply secure,” Marc Perrone, international president of United Food and Commercial Workers, a major union that represents many Albertsons workers, said in a press release, calling on Albertsons “to immediately halt these plans.”

The move comes weeks after a new California law went into effect that eliminated labor protections for app-based food delivery workers and rideshare drivers, which was authored and bankrolled by gig companies.

As DoorDash, Uber, Lyft, Instacart, and Postmates waged a $200 million battle last year to pass the bill, known as Proposition 22, they pointed to “independent” research claiming it would save as many as 900,000 jobs across the state (it turned out the companies had paid a combined $411,599 to the researchers behind the study).

Albertsons’ plans to cut in-house delivery and route new business to delivery companies like DoorDash, however, shows how Prop 22’s passage potentially pushes adjacent industries to consider cheaper labor options.

Read the complete article here.

What Prop. 22’s defeat would mean for Uber and Lyft — and drivers

From today’s Los Angeles Times:

One way or another, the business of summoning a ride from your phone is likely to look different in California after Nov. 3.

The future of gig work could hinge on the success or failure of Proposition 22, called the App-Based Drivers as Contractors and Labor Policies Initiative. Uber, Lyft and other companies bankrolling the initiative say it would improve workers’ quality of life, providing new benefits while preserving their autonomy. If passed, the measure would cement gig workers’ status as independent contractors, dealing a huge blow to a labor movement striving to bolster protections for workers at the margins.

Abstract illustration of an app-based driver in a car

Gig companies’ business models rely on hiring large numbers of workers cheaply as independent contractors to provide rides, deliver meals and groceries and perform other services. Assembly Bill 5, a state law passed in 2019, aimed to expand protections to these workers, requiring gig companies to reclassify them as employees.

Proposition 22 represents the companies’ efforts to battle that law and the obligations that come with it.

Uber, Lyft, DoorDash, Instacart and Postmates (which was recently acquired by Uber) have jointly poured close to $200 million into the “yes” campaign, flooding the airwaves and their own apps with ads and making the measure the costliest in U.S. history.

At the heart of it all is a vicious fight to shape the prospects of hundreds of thousands of drivers and delivery workers across the state.

Here’s what you need to know.

What would happen if Proposition 22 passes?

For the companies sponsoring it, the short answer is: business as usual. For workers, it would bring some clarity, at a price.

The text of Proposition 22 assures drivers they would maintain flexibility as independent contractors. The measure offers some benefits similar to those conferred under AB 5, but significantly weaker.

Gig companies thus far have resisted compliance with AB 5, which went into effect Jan. 1. In early August, a judge ordered Uber and Lyft to convert their drivers to employees. At the 11th hour, the companies won a temporary stay of the order from a state appeals court, effectively pushing off the deadline until after voters have their say.https://datawrapper.dwcdn.net/Krp2r/6/

Uber and Lyft presented oral arguments before California’s 1st District Court of Appeal on Tuesday. The court has 90 days to decide whether it will uphold the lower-court ruling. But Proposition 22, if passed, would override protections granted by AB 5.

The measure instead would grant 120% of the minimum wage (state or local, depending on where the driver is). However, this minimum narrowly applies to “engaged time,” meaning the time a driver is on a trip with a passenger or en route to pick up a passenger. One study found drivers spend one-third of their time waiting between passengers or returning from trips, time that would not count toward the minimum wage.

Read the complete article here.