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.

Silicon Valley’s essential workers form new group to fight for work rights

From today’s San Jose Spotlight:

A group of six essential workers and labor leaders stood in front of McDonnell Hall in San Jose Wednesday—the same church labor activist Cesar Chavez started his now-iconic labor organizing more than 50 years prior.

The workers are looking to craft the future of the labor movement among essential workers for the next 50 years, starting with combating unfair treatment from employers, elected officials and corporations during the COVID-19 pandemic.

They announced Wednesday the launch of a new initiative called the Essential Workers Council, a collective of 14 members from diverse professional fields in the South Bay, including medical workers, security, grocery workers, childcare, construction and education. The council has been established by Silicon Valley Rising, a collective of leaders who advocate for workers’ rights and affordable housing.

“As workers on the front lines of this crisis, we need to be the ones setting the agenda for recovery,” said Deo Agustin, a childcare worker and member of the new council. “We can’t let business leaders decide how things should be run.”

The group, with local labor leaders’ help, hopes to lobby elected leaders for more essential worker protections during and after the pandemic, such as higher wages, more widespread hazard payrent relief, stronger eviction protections and affordable childcare.

“Even as mostly Black and brown people put their lives at risk, dying at disproportionately higher rates, too many corporate executives and elected leaders have ignored their needs and their voices,” said Maria Noel Fernandez, director of Silicon Valley Rising, on Wednesday. “They call this work essential, but not the people, their families and our communities.”

The coronavirus has killed Black and Latino residents in the county at a far higher rate than other races. Latinos in particular make up 25% of the county’s population but account for 51% of cases and nearly 29% of deaths, according to county numbers. Those racial groups are overrepresented in essential work.

The council, frustrated by the lack of clear leadership from their employers to combat COVID-19, such as providing enough personal protective equipment and socially-distanced workspaces, spoke out about their experiences in working while living in fear that they would contract the coronavirus.

Read the complete article here.

The Unionization Vote at Amazon

From today’s New York Times:

The most closely watched union election in recent history is underway in Alabama, where almost 6,000 workers at an Amazon warehouse near Birmingham are voting on whether they want to form a union. The election has attracted attention from President Biden, N.F.L. players and Hollywood actors, making it a high-stakes test of whether a union has a role in one of the country’s biggest employers.

The unionization effort, which began last summer, is the largest and most viable organizing campaign among Amazon workers in the United States. Here is what you need to know about it.

The unionization push came from a group of largely Black workers at the Amazon fulfillment center in Bessemer, Ala., which is just outside Birmingham. Late last summer, they approached a local branch of the Retail, Wholesale and Department Store Union, which has grown in the South, particularly in poultry, an industry with traditionally dangerous jobs and many Black employees.

The union deployed organizers who worked at nearby warehouses and poultry farms to focus full time on talking to workers at the Amazon warehouse. By late December, more than 2,000 workers signed cards indicating they wanted an election, the union said. The National Labor Relations Board determined that those signatures signaled “sufficient” interest in holding a vote.

Two big forces have helped drive the unionization effort: the pandemic’s focus on essential workers and the racial reckoning brought on by Black Lives Matter protests.

Amazon opened the Bessemer warehouse in March 2020, just as the coronavirus was taking hold in America. The pandemic made clear the critical role essential workers, many of whom were Black and paid hourly, played in serving customers and the economy broadly. Amazon had extraordinary growth last year, as people turned to online shopping instead of venturing into stores. It went on a huge hiring spree, ending the year with 1.3 million employees and $386 billion in sales.

In early summer, George Floyd’s killing prompted calls for racial justice, and the union has focused its organizing on issues of racial equality and empowerment. It has a decades-long history of working on civil rights and labor issues in the region. Around the same time, Amazon ended the extra pay it had given workers earlier in the pandemic. The workers who started the organizing said their pay was not commensurate with the risks they took and the productivity they must maintain.

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.

L.A. County approves ‘hero pay’ of $5 an hour for grocery store workers

From today’s Los Angeles Times:

Hundreds of grocery store workers in unincorporated Los Angeles County will receive $5 an hour in hazard pay on top of their regular wages as part of the county’s “hero pay” mandate that goes into effect Friday and lasts 120 days.

The L.A. County Board of Supervisors voted 4-1 Tuesday to mandate the pay bump for publicly traded grocery store or retail drug companies, or companies that have at least 300 employees nationwide and more than 10 employees per store site. The measure applies only to unincorporated areas, benefiting about 2,500 hourly grocery store workers.

“These workers … have put their lives on the line since the beginning of the pandemic to keep our food supply chain running and provide access to medicine our families need,” Supervisor Hilda Solis, who authored the motion, said in a statement. “Many are working in fear and without adequate financial support, while their employers continue to see profits grow and top executives receive steep pay bonuses.”

Supervisor Kathryn Barger voted against the measure, saying she felt that it leaves out many essential workers and that it could have unintended consequences.

Barger said officials have worked hard to bring retailers to food deserts in unincorporated areas, such as Grocery Outlet in Altadena, which has donated food for food drives during the pandemic.

“I would hate to think we’re driving [out of business] the very businesses we fought so hard to locate in unincorporated areas, many of which are working class neighborhoods … and that’s why I can’t vote for this,” said Barger, the only Republican on the board.

Since January, several cities, including Santa Monica, San Jose, Berkeley and West Hollywood, have considered or passed some level of hazard pay mandates.

The county’s ordinance will probably be challenged in court in the coming days by the California Grocers Assn., which has sued the city of Long Beach after it passed its “hero pay” measure.

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.

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.

Unfair ratings cost some Instacart shoppers hundreds a week

From today’s New York Times:

Bags of groceries don’t just vanish into thin air. But in case the laws of physics ceased to exist, Loreen Zahara does her due diligence. The Instacart shopper keeps receipts for purchases and even photographs them upon delivery — on a customer’s stoop or in front of their garage.

Yet when one customer gave her a one-star rating over a missing bag of pineapples and another awarded her one star and claimed an entire order wasn’t delivered, it was Zahara who suffered the consequences: a loss of hundreds of dollars of potential earnings per week.

Instacart’s order-allocation system takes the “customer is always right” mantra to new extremes, some of its professional shoppers say. The grocery delivery company presents its workforce of independent contractors with orders based in part on their in-app ratings — those with higher scores get first pick, often leaving behind fewer and less lucrative batches for everyone else. Interviews with more than 10 shoppers and receipts reviewed by The Times show a sharp decline in earnings for shoppers whose ratings drop just slightly below 4.95 out of 5 stars. Often, shoppers said, the negative reviews were beyond workers’ control.

Even though Zahara has evidence those two complete orders reached the customers’ homes, it was enough to drop her rating to a 4.94. She went from earning an average of more than $1,270 per week to $690 per week, while working the same total hours, screenshots and weekly earnings reports show.

When Zahara had a rating of 4.95, compensation for batches of deliveries available to her ranged from $15 to $45. At a 4.94, screenshots show orders dipped to $9 to $22, with those at the higher end in a different county than where she lived and typically worked.

“I just had to live with the bad ratings and bad batches and no money,” she said.

Instacart says the system was developed to ensure ratings are “fair and accurate,” and do not unfairly penalize shoppers.

To protect shoppers, Instacart automatically forgives a customer’s single lowest rating, said Instacart spokesperson Natalia Montalvo. And “ratings that are outside of shoppers’ control” are also forgiven — such as when a customer complains that requested item is out of stock at a store, she said.

Read the complete article here.

Coronavirus: Retail workers ‘scared’ as cases surge during U.S. holidays

From BBC News Online:

They are calling for hazard pay, paid sick leave and better communication about outbreaks, among other things. The campaign comes as workers across the US have spoken out about condition and concerns over their health.

“Associates like me are scared,” said Walmart worker Melissa Love.

The workers rights campaign launched on Monday was organised by United for Respect, a workers rights non-profit that says it represents more than 16 million people across the US. Separately, the labour union UFCW, whose members include grocery and meatpacking plant workers, also called on employers to do more to protect staff.

“Simply put, frontline workers are terrified because their employers and our elected leaders are not doing enough to protect them and stop the spread of this virus,” UFCW International President Marc Perrone said.

“As holiday shopping begins this Thanksgiving, we are already seeing a huge surge of customer traffic. Unless we take immediate actions beginning this holiday week, many more essential workers will become sick and more, tragically, will die.”

Ms Love, a member of United for Respect who has worked at Walmart for five years, said on a call organised for reporters that she feared a rush of holiday shoppers could turn Walmart into a “super-spreader” hub.

“Working Black Friday this year comes with an obvious danger,” said Ms Love, who is based in California. “I do not believe Walmart should be trying to entice crowds into our stores on Friday and risk a super-spreader event.”

Read the complete article here.

Will rideshare drivers get paid less than minimum wage under Proposition 22

From today’s Sacramento Bee:

Proposition 22 proposes that gig drivers for companies such as Uber, Lyft and Doordash will get paid 120% of the area’s minimum wage for the time they spend picking up and driving goods or passengers, plus 30 cents a mile.

Proponents of the proposition argue under its calculation, the drivers will get paid closer to $25 an hour after expenses, much more than the state’s minimum wage. But the initiative’s opponents cite a much-published study from the UC Berkeley Labor Center, whose researchers said Proposition 22 will guarantee only $5.64 an hour.

Amid an onslaught of advertisements, Proposition 22 still has a fundamental question to answer: How much will the gig drivers get under the initiative. A Sacramento Bee review found that the answer depends on how expenses and time at work are defined. But it is possible that workers would earn less than minimum wage under the measure.

In 2019, Ken Jacobs and Michael Reich at the UC Berkeley Labor Center published a report saying the gig drivers using Uber or Lyft will only be guaranteed a pay of $5.64 an hour under Proposition 22. They still stand by the number.

Under Proposition 22, drivers could get a pay cut from what they are paid now, Jacobs said. “The guarantee they claim to have,” he said of the gig companies. “is a false guarantee.”

Under Proposition 22, drivers will not be paid for the time they are waiting to give a ride, nor the time they spend preparing and cleaning their cars. That time accounts for some 33% of the drivers’ working time, Jacobs said, citing a 2019 study that looked at Lyft and Uber rides in six metropolitan areas across the country, including Los Angeles and San Francisco. “It’s impossible to do the work without having the time waiting for work,” Jacobs said.

Another report, “Rigging the Gig,” by the National Employment Law Project and the Partnership for Working Families found that drivers working 50 hours a week will be paid $175 to $210 less a week under Proposition 22 compared to the current minimum wage.

Read the complete article here.