Breaking: Uber Is Target of Sex Discrimination Inquiry by EEOC

From today’s New York Times:

Federal officials are investigating allegations that Uber discriminated against women in hiring and pay, another federal inquiry into a company that has been rocked by scandals over its workplace culture and other issues.

The Equal Employment Opportunity Commission, which polices work force discrimination, began investigating Uber last August, according to two people familiar with the inquiry who declined to be identified because they were not authorized to discuss an active investigation.

The commission is examining whether Uber systematically paid women less than men and discriminated against women in the hiring process, among other matters, one of the people said. The Wall Street Journal earlier reported the investigation.

The investigation shows how difficult it has been for Uber to move past its tumultuous 2017. The company faced numerous accusations of workplacesex discrimination and harassment last year, as well as allegations of illegal behavior by its executives, such as spying on and stealing secretsfrom rivals. The scandals forced out Uber’s co-founder and chief executive, Travis Kalanick. His successor, Dara Khosrowshahi, has pledged to reformthe company.

 Last week, The New York Times reported that Uber’s new chief operating officer, Barney Harford, a handpicked deputy of Mr. Khosrowshahi’s, was under scrutiny for making racially insensitive comments. Also last week, Uber’s chief people officer, Liane Hornsey, resigned amid accusations that she improperly handled complaints of racial discrimination at the company.

Read the complete article here.

California’s top court makes it more difficult for employers to classify workers as independent contractors

From today’s Los Angeles Times:

In a ruling that could change the workplace status of people across the state, the California Supreme Court made it harder Monday for employers to classify their workers as independent contractors.

The unanimous decision has implications for the growing gig economy, such as Uber, Lyft and other app-driven services — but it could extend to nearly every employment sector.

In recent years, the hiring of workers as independent contractors — not subject to government rules on minimum wage, overtime and rest breaks — has exploded. A 2016 study by economists at Harvard and Princeton universities estimated 12.5 million people were considered independent contractors, or 8.4% of the U.S. workforce.

The ruling is likely to lead many employers in California to immediately question whether they should reclassify independent contractors rather than face stiff fines for misclassification, employment lawyers said.

“A huge number of businesses will be calling their lawyers saying ‘What should I do?'” said Michael Chasalow, a professor at the USC Gould School of Law.

To classify someone as an independent contractor, the court said, businesses must show that the worker is free from the control and direction of the employer; performs work that is outside the hirer’s core business; and customarily engages in “an independently established trade, occupation or business.”

“When a worker has not independently decided to engage in an independently established business but instead is simply designated an independent contractor … there is a substantial risk that the hiring business is attempting to evade the demands of an applicable wage order through misclassification,” Chief Justice Tani Cantil-Sakauye wrote for the court.

A worker may be denied the status of employee “only if the worker is the type of traditional independent contractor — such as an independent plumber or electrician — who would not reasonably have been viewed as working in the hiring business,” the court said.

Instead, an independent contractor would be understood to be working “in his or her own independent business,” Cantil-Sakauye wrote.

The court offered examples: A plumber temporarily hired by a store to repair a leak or an electrician to install a line would be an independent contractor. But a seamstress who works at home to make dresses for a clothing manufacturer from cloth and patterns supplied by the company, or a cake decorator who works on a regular basis on custom-designed cakes would be employees.

Read the complete article here.

Strategies to Manage Your Career: From Networking to Balancing Work and Life

From the New York Times Business Section:

There is no shortage of books claiming to reveal the secret truth behind successful careers. Then there are all the podcasts, TED talks, late-night motivational speakers and your relatives’ sage advice. The bottom line of most of these advice-givers? A successful career requires managing the person in the mirror – overcoming your tendencies and habits that can undermine efforts to find happiness at work. Read on to see what professors and researchers suggest for managing different situations, whether you want to improve your situation at work, if you suspect changes are coming down, or if you are making a go of it in the gig economy.

Build a Strong Foundation

There are some key fundamentals of building a successful career that you should be aware of whether you are just starting out, or are closing in on retirement.

There are some key fundamentals of building a successful career, whether you are just starting out, or are closing in on retirement. And they apply to all walks of life – if you are a butcher, a baker or a computer systems analyst.

Fair warning, the following tried-and-true strategies will have little impact on what you do every day. They will not necessarily help you meet an assignment due by Friday morning, or complete a to-do list.

Instead, they are foundations that will give you a solid base on which to build a successful career that can withstand unexpected changes. These ideas will also help you put work and career in proper perspective, because there is a lot more to life beyond the daily grind.

The Value of Networking

There’s no getting around it: Networking has an awful reputation. It conjures up images of self-absorbed corporate ladder-climbers whose main interest is, “What’s in it for me?”

But there is almost unanimous agreement among researchers that building and nurturing relationships with people — current and former colleagues and people we respect in the business — provides a strong medium for a vibrant career and a cushion for when the unplanned happens.

Read the complete article here.

Is the Gig Economy Working?—For Some, But Not For Most Workers

From this month’s The New Yorker magazine by Nathan Heller:

The American workplace is both a seat of national identity and a site of chronic upheaval and shame. The industry that drove America’s rise in the nineteenth century was often inhumane. The twentieth-century corrective—a corporate workplace of rules, hierarchies, collective bargaining, triplicate forms—brought its own unfairnesses. Gigging reflects the endlessly personalizable values of our own era, but its social effects, untried by time, remain uncertain.

Support for the new work model has come together swiftly, though, in surprising quarters. On the second day of the most recent Democratic National Convention, in July, members of a four-person panel suggested that gigging life was not only sustainable but the embodiment of today’s progressive values. “It’s all about democratizing capitalism,” Chris Lehane, a strategist in the Clinton Administration and now Airbnb’s head of global policy and public affairs, said during the proceedings, in Philadelphia. David Plouffe, who had managed Barack Obama’s 2008 campaign before he joined Uber, explained, “Politically, you’re seeing a large contingent of the Obama coalition demanding the sharing economy.” Instead of being pawns in the games of industry, the panelists thought, working Americans could thrive by hiring out skills as they wanted, and putting money in the pockets of peers who had done the same. The power to control one’s working life would return, grassroots style, to the people.

The basis for such confidence was largely demographic. Though statistics about gigging work are few, and general at best, a Pew study last year found that seventy-two per cent of American adults had used one of eleven sharing or on-demand services, and that a third of people under forty-five had used four or more. “To ‘speak millennial,’ you ought to be talking about the sharing economy, because it is core and central to their economic future,” Lehane declared, and many of his political kin have agreed. No other commercial field has lately drawn as deeply from the Democratic brain trust. Yet what does democratized capitalism actually promise a politically unsettled generation? Who are its beneficiaries? At a moment when the nation’s electoral future seems tied to the fate of its jobs, much more than next month’s paycheck depends on the answers.

Read the entire article here.