Amazon, Instacart Workers Demand Coronavirus Protection And Pay

From NPR News Online:

Some Amazon warehouse workers in Staten Island, N.Y., and Instacart’s grocery delivery workers nationwide walked off their jobs on Monday. They are demanding stepped-up protection and pay as they continue to work while much of the country is asked to isolate as a safeguard against the coronavirus.

The protests come as both Amazon and Instacart have said they plan to hire tens of thousands of new workers. Online shopping and grocery home delivery are skyrocketing as much of the nation hunkers down and people stay at home, following orders and recommendations from the federal and local governments.

This has put a spotlight on workers who shop, pack and deliver these high-demand supplies. Companies refer to the workers as “heroes,” but workers say their employers aren’t doing enough to keep them safe.

The workers are asking for a variety of changes:

  • Workers from both Amazon and Instacart want more access to paid sick time off. At this time, it’s available only to those who have tested positive for the coronavirus or get placed on mandatory self-quarantine.
  • Amazon workers want their warehouse to be closed for a longer cleaning, with guaranteed pay.
  • Instacart’s grocery delivery gig workers are asking for disinfectant wipes and hand sanitizer and better pay to offset the risk they are taking.

Read the complete article here.

Coronavirus to cost California 125,000 hotel jobs trade group says

From today’s Los Angeles Times:

Struck by a severe drop in travel demand, California’s hotel industry is expected to lose more than 125,000 jobs in the next few weeks, more than any other state, an industry trade group estimated Monday.

The hotel industry in the Golden State is expected to be hit hardest by the coronavirus outbreak because California has the most hotel jobs — about 285,000 — according to the American Hotel and Lodging Assn. trade group.

In addition to the loss of 125,000 hotel jobs, another 414,000 jobs that are supported by the hotel industry, such as waiters, busboys, bartenders and limousine drivers, could disappear in the next few weeks, the group said.

Only last month, the average occupancy rate — the percentage of hotel rooms filled — was 62% across the country, according to STR Global, a Tennessee company that tracks hotel data. By mid-March, the average occupancy rate nationwide had dropped to 53%.

To break even, hotels need to have an occupancy rate of 41% to 63%, depending on the type of hotel, according to industry analysis. Upscale hotels need a higher occupancy rate to pay for extra amenities, such as room service, valets and concierges, while economy hotels can break even with a much lower occupancy rate.

Because of the pandemic, hotels in some cities, including Seattle; San Francisco; Austin, Texas; and Boston, are reporting occupancy rates below 20%, with some individual hotels already shutting down, according to the American Hotel and Lodging Assn.

“The impact to our industry is already more severe than anything we’ve seen before, including September 11th and the Great Recession of 2008 combined,” Chip Rogers, chief executive of the trade association said in a statement Monday.

The lodging industry requested the federal government provide $150 billion in financial aid to keep the hotel industry afloat during the crisis. That is in addition to the $100 billion requested by other segments of the travel industry, such as convention centers, theme parks and tour companies.

Read the complete article here.

Pandemic Erodes Gig Economy Work

From today’s New York Times:

It was just after 11 a.m. last Wednesday when Jaime Maldonado, 51, pulled his rented Nissan into a lot outside San Francisco International Airport. He figured he had a long wait ahead — about two hours — before Lyft would ping him to pick up a passenger.

Occasionally, jets roared overhead — but not many, which meant not enough passengers for Mr. Maldonado, who said that before the coronavirus outbreak, he spent just 20 to 40 minutes waiting outside the airport for customers. To kill time, he got out of his car, looping the mask he recently started wearing around his wrist, and went to talk to other drivers.

As the minutes ticked by, Mr. Maldonado wondered out loud, “What am I going to do to pump gas and feed my kids tomorrow?” His number of rides in a typical week had dropped to around 50 from 100 earlier in the month, he said, and his payout had plunged by half to about $600 a week, from which Lyft would subtract the rental fee for his car.

The coronavirus pandemic is exposing the fragile situations of gig economy workers — the Uber and Lyft drivers, food-delivery couriers and TaskRabbit furniture builders who are behind the convenience-as-a-service apps that are now part of everyday life. Classified as freelancers and not full-time employees, these workers have few protections like guaranteed wages, sick pay and health care, which are benefits that are critical in a crisis.

While gig economy companies like Uber and DoorDash have promoted themselves as providing flexible work that can be lifelines to workers during economic downturns, interviews with 20 ride-hailing drivers and food delivery couriers in Europe and the United States over the past week showed that the services have been anything but that.

Instead, as the fallout from the coronavirus spreads, gig workers’ earnings have plummeted and many have become disgruntled about their lack of health care. Many others are also feeling economic pain from the outbreak — layoffs have hit workers in retailing, airlines, hotels, restaurants and gyms — but even as public health agencies have recommended social isolation to insulate people from the virus, gig workers must continue interacting with others to pay their bills.

Read the complete article here.

More than half of American jobs are at risk because of coronavirus

From CNN News Online:

A week ago, Darrin Dixon wasn’t all that concerned about the coronavirus. Now he’s losing sleep over the prospect that the virus could cost him his food truck and catering business, which provides three jobs, including his own. Sales at Dixon’s food truck, KC Cajun, plunged this week as businesses in downtown Kansas City, Missouri, where he’s based, have shifted to working from home. His catering business is having cancellations like he’s never seen before.

“I know I’m stressed. I’ve had sleepless night. It’s just scary because we don’t know what we’re going to do,” said Dixon. His situation is a harbinger of the problems facing the US economy from the coronavirus, which could be far deeper and more widespread than they initially appeared. And because it will hit small businesses like Dixon’s particularly hard, it could take years for the economy to fully recover — even after the coronavirus crisis is long over. It’s not just jobs at airlineshotelsamusement parks and sporting events that are at risk. It’s the food trucks that serve office workers or school students who are now staying home. It’s the dry cleaners who clean the dress clothes that will not be worn as workers stay away from their offices. It’s hair stylists, dog walkers, babysitters, restaurant workers and others who provide services that people no longer need or can’t afford.

More than half of US jobs at risk

Nearly 80 million jobs in the US economy are at high or moderate risk today, according to analysis in the last week from Moody’s Analytics. That’s more than half of the 153 million jobs in the economy overall. That doesn’t mean that all those jobs will be lost. But it’s probable that as many as 10 million of those workers could see some impact to their paychecks — either layoffs, furloughs, fewer hours or wage cuts, said Mark Zandi, chief economist at Moody’s Analytics.

Of those 80 million jobs, Moody’s Analytics projects that 27 million are at high risk due to the virus, primarily in transportation and travel, leisure and hospitality, temporary help services and oil drilling and extraction. Maybe 20% of those workers, comprising about 5 million jobs, will be affected, Zandi said. The other 52 million jobs are judged to face “moderate risk.” They are in areas such as retail, manufacturing, construction and education. Some 5 million of those workers are could be unemployed or underemployed.

Read the complete article here.

The Bleak Job Landscape of Adjunctopia for Ph.D.s

From today’s New York Times:

The humanities labor market is in crisis. Higher education industry trade publications are full of essays by young Ph.D.s who despair of ever finding a steady job. Phrases like “unfolding catastrophe” and “extinction event” are common. The number of new jobs for English professors has fallen every year since 2012, by a total of 33 percent.

In response to these trends and a longer-term decline in academic job security, the Democratic presidential candidate Bernie Sanders has made a proposal. In exchange for federal funding to reduce public college and university tuition to zero, he said, at least 75 percent of college courses would have to be taught by tenured or tenure-track professors. Currently, that proportion is less than 40 percent and dropping.

How this happened is a story of a rupture in the way the academy produces and consumes people with scholarly credentials. In 1995, roughly 940,000 people were employed teaching college. Of those, about 400,000 had tenure or were on track to get it. They enjoyed professional status, strong job security, relatively good pay (on average), and the freedom to speak their minds.

The rest were so-called contingent or adjunct faculty: some employed full time, others filling in a course or two per semester. They had lower pay, less status and tenuous job security, particularlyif they spoke their minds. There were also thousands of graduate students, not counted in the numbers above, teaching as part of their training. (The University of California, Santa Cruz, which is known to be progressive even by the standards of academia, recently fired 54 graduate assistants who were striking for higher pay.) The percentage of professors on the tenure track had been slowly declining since the 1970s. In the late 1990s came a demographic event that would ultimately throw the university labor market into a tailspin: the first college years of the so-called millennials, those born from the early 1980s to the mid-1990s.

Colleges swelled with students over the next decade and a half, with undergraduate enrollment increasing from 12.2 million in 1995 to a peak of 18.1 million in 2011. Colleges needed to hire hundreds of thousands of additional professors. Administrators had options. They could have kept the ratio of tenured to nontenured about the same, using new tuition revenue to create more tenure-track positions.

But that’s not what happened. Instead, the number of contingent faculty more than doubled, to 1.1 million. The number of tenured and tenure-track faculty, by contrast, increased by only 9.6 percent, to 436,000.

Read the complete article here.

In major ruling, San Diego judge says Instacart will flunk AB 5 contractor test

From today’s San Diego Union-Tribune:

A San Diego Superior Court judge has ruled that Instacart is likely misclassifying some of its workers as contractors — when the law requires they be classified as employees — marking a notable step toward enforcement of the controversial new state law known as AB 5.

But the ruling came with a healthy dose of skepticism from the judge over the “wisdom” of the law itself.

Judge Timothy Taylor issued an injunction Feb. 18 against Instacart in San Diego Superior Court, essentially warning the San Francisco company that it’s failing to comply with the state’s labor laws. Instacart disagrees with the ruling, and plans to file an appeal, the company said in a statement Tuesday.

Instacart, which operates nationally and has a presence in San Diego, is an app that allows customers to place grocery orders online, which are then purchased and delivered by gig workers called “shoppers.” The labor law case, filed by San Diego City Attorney Mara Elliott in September, takes issue with how the grocery delivery company classifies its shoppers.

The suit alleges that Instacart shoppers do not qualify as independent contractors under a 2018 California Supreme Court decision (Dynamex Operations West, Inc. v. Superior Court). It’s the Dynamex case that spurred Assembly Bill 5 to move its way through the state legislature last year, sponsored by Assemblywoman Lorena Gonzalez (D-San Diego), and signed into law by Gov. Gavin Newsom. The law went into effect Jan. 1.

According to Judge Taylor, the law makes it clear that Instacart is in violation, calling California state policy “unapologetically pro-employee.”

“While there is room for debate on the wisdom of this policy, and while other states have chosen another course, it is noteworthy that all three branches of California have now spoken on this issue,” Taylor wrote in a court filing dated Feb. 18. “The Supreme Court announced Dynamex two years ago. The decision gave rise to a long debate in the legal press and in the Legislature. The Legislature passed AB 5 last fall. The Governor signed it. To put it in the vernacular, the handwriting is on the wall.”

Read the complete article here.

Philadelphia in works to set up agency to protect worker rights in the city

From today’s Philadelphia Inquirer:

The Philadelphia City Council unanimously approved a bill Thursday that would all but ensure the creation of a permanent city agency dedicated to enforcing the numerous progressive labor laws it has passed in recent years.

The bill — introduced by Councilmembers Helen Gym and Bobby Henon in partnership with the Kenney administration — would pose this question to voters in the April primary: Should the city create a permanent Department of Labor that would enforce city labor laws and function as a front door for all worker-related issues?

The question has to be put to voters because it requires a city charter change. Right now, the Mayor’s Office of Labor, created under the Kenney administration, provides these services, but advocates fear a future mayor with different priorities could scrap the office all together.

This effort is part of a broader push by advocates and organizers for stronger labor law enforcement in a city that’s passed some of the most progressive pro-worker legislation in the country but has historically failed to both educate workers about these laws and enforce them.

That started to change in the last year, as advocates who pushed for these laws set their sights on enforcement. Advocates won a modest increase in funding for the Mayor’s Office of Labor, which grew its budget to nearly $1.1 million this year and doubled its staff to six. The number of complaints filed by workers to the office quadrupled from 2018 to 2019 to nearly 100.

Read the complete article here.

DoorDash’s anti-worker tactics just backfired spectacularly in court

From today’s Vox News Online:

The food delivery company DoorDash made its delivery workers sign away their right to sue if a legal dispute arises between a worker and the company. Instead, disputes would be resolved by a privatized arbitration system that tends to favor corporate parties.

It’s a common tactic, often used by companies seeking to discourage workers from asserting their legal rights at all. And, if a decision handed down Monday by a federal district judge stands, the tactic backfired spectacularly for DoorDash.

Under Judge William Alsup’s order in Abernathy v. DoorDash, DoorDash must arbitrate over 5,000 individual disputes with various workers who claim that they were misclassified as independent contractors, when they should be treated as employees. It also must pay a $1,900 fee for each of these individual arbitration proceedings.

Though DoorDash might settle the various claims before it is hit with these fees, Alsup’s order means that if it doesn’t, the delivery company will face a bill of nearly $10 million before any of the individual proceedings are even resolved. Add in the cost of paying for lawyers to represent them in each proceeding, plus the amount the company will have to pay to the workers in each proceeding that it loses, and DoorDash is likely to wind up paying far more money than it would have if it hadn’t tried to strip away many of its workers’ rights.

Ordinarily, when thousands of workers at the same company all raise very similar legal claims against that same employer, those workers will join together in a class action lawsuit — a process that allows all of the disputes to be resolved in a single suit rather than in thousands of separate proceedings. But DoorDash required these delivery workers to sign away their right to bring a class action as well.

That decision also appears to have backfired.

Read the complete article here.

New York Governor Lays Down Ultimatum on Gig Worker Rights

From today’s Bloomberg Law Online:

New York Gov. Andrew Cuomo (D) kicked gig worker rights out of the state’s budget discussion, instead creating a task force to study the issue. But he also provided lawmakers with an ultimatum.

If the issue isn’t resolved by May 1, the state’s labor department will be authorized to enact regulations protecting workers, Cuomo announced Jan. 21 as part of his executive budget proposal.

Policy is often negotiated alongside fiscal plans in the state’s budget process, which is kicked off by the governor. The state budget is due by March 31, before the next fiscal year begins.

One political expert says creating a task force is a way to delay a difficult decision that puts the governor between the state’s powerful unions and popular companies like Uber Technologies Inc. and Lyft Inc.

Some Albany insiders, companies, and lobbyists say the governor’s legislative proposal is vague. Several lawmakers and union leaders, however, are applauding Cuomo’s plan to further study whether many workers currently operating as independent contractors should instead be classified as employees, entitling them to benefits such as minimum wage, overtime, workers’ compensation, and the right to collectively bargain.

“We certainly are in a better place now, than we were at the end of last session,” New York State AFL-CIO President Mario Cilento said in an emailed statement. “In addition to creating a task force, the legislation would establish a framework to provide rights and protections to workers in the growing gig economy.”

Companies and business coalitions said they’re glad to have a seat at the table. “No matter the forum, we are ready to discuss solutions that provide workers with the protections they deserve while maintaining the flexibility they want and the economic growth vital to the state,” said Christina Fisher, a spokeswoman for Flexible Work for New York, a coalition of app-based technology companies, business groups, and civic organizations.

Read the complete article here.

With Poor People’s Campaign, Rev. Barber evokes comparisons to MLK

From today’s Charlotte Observer:

When Democratic presidential candidates met for their final debate in Iowa, more than a hundred protesters gathered just outside on the snowy grounds of Drake University.

Their goal: to urge the candidates to debate poverty. Holding signs, they carried a coffin representing the tens of thousands of people they said die every year from its effects.

Leading them was Rev. William Barber, the North Carolina pastor who co-chairs the national Poor People’s Campaign. Coming days before the holiday honoring Martin Luther King Jr., the rally was the latest in a series of events designed to carry King’s legacy into the 21st Century.

“I believe Dr. King would be right beside us,” Barber told the Observer. “He would say nothing would be more tragic than to turn back now.”

Barber, 56, is in the middle of a 25-state tour that will culminate in June with a mass march in Washington, where thousands are expected to call for an end to poverty and inequality and for greater access to health care and education.

Barber, who was born two days after King’s historic march on Washington, frequently invokes the civil rights leader in rallies and sermons even as he himself has invited comparisons with King.

“Brother William Barber is the closest thing we have to Martin Luther King Jr. in American culture,” said Cornel West, a Harvard professor and political activist.

Read the complete article here.