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https://www.prnewswire.com/news-rel...t-over-driver-pay-and-benefits-300655892.html


SAN FRANCISCO, May 29, 2018/PRNewswire-USNewswire/ -- City Attorney Dennis Herrera today issued subpoenas to Uber and Lyft to turn over records on whether they classify drivers as employees or private contractors, as well as records on driver pay and benefits. The subpoenas follow the California Supreme Court's recent ruling on the definition of an employee versus an independent contractor.

These subpoenas are the latest component of Herrera's investigation into whether ride-hailing companies comply with San Francisco ordinances. In light of the California Supreme Court's decision that companies must affirmatively prove a worker is an "independent contractor" before denying that person the wages and benefits guaranteed to California employees, Herrera seeks proof that Uber and Lyft have lawfully classified drivers as independent contractors or provide their drivers with minimum wage, sick leave, health care contributions and paid parental leave.

"San Francisco's laws help ensure that employers provide a fair day's wage for a fair day's work," Herrera said. "Our laws also guarantee employees basic humane benefits like sick leave, health care, and paid parental leave. We are not going to turn a blind eye if companies in San Francisco deny workers their pay and benefits. We are not going to tolerate any company shirking its responsibility to pay for benefits and shifting that burden onto taxpayers when drivers without health insurance turn to the emergency room. If your company is valued at $62 billion, you can afford to give your workers health care."

Uber and Lyft, whose core business is driving passengers from one place to another, have traditionally designated their drivers as independent contractors. On April 30, the California Supreme Court ruled that companies must classify their workers as employees, unless the company can prove a specific worker: (a) works outside the company's control and direction; (b) does work outside the usual course of the company's business; and (c) has an independent trade, occupation, or business of the same nature as the work she or he does for the company.

"The California Supreme Court has spoken on the definition of 'employee' in a way that directly affects San Francisco's worker protection laws, including our Minimum Wage Ordinance and Health Care Security Ordinance," Herrera said. "We don't know whether these ride-hailing companies are breaking the law until they provide the information we seek in these subpoenas. We are going to ensure that these companies comply with the Supreme Court's ruling and with San Francisco's laws."

The City Attorney's Office served administrative subpoenas today on Lyft, Inc., Uber, Inc. and Uber's affiliate, Rasier CA-LLC. The subpoenas seek:

  • a complete list of drivers who began or ended at least one ride in San Francisco from 2015 to the present;
  • documentation showing whether the company classifies those drivers as an employee or an independent contractor for purposes of San Franciscoand/or California law;
  • documentation on hours, wages, health care payments and other benefits for drivers classified as employees; and
  • proof that any driver classified as an independent contractor meets all three criteria set by the California Supreme Court.
"The argument that these companies have tried to use in the past - that they're just a technology platform - doesn't pass the smell test," Herrera said. "People go to Microsoft or Salesforce for software. People go to Uber or Lyft for a ride."

About the Investigation

Today's subpoenas are the second set of subpoenas issued by the City Attorney's Office for Uber and Lyft, which the state designates as transportation network companies, or TNCs. The first set of subpoenaswas issued in June 2017 as part of an investigation into discrimination, disability access, public safety and potential violations of other state and local laws. Lyft is providing the subpoenaed information in that ongoing investigation. Uber was directed to do so by the court but has appealed.

About the Supreme Court Case

The California Supreme Court's landmark decision on independent contractors was issued on April 30, 2018, in Dynamex Operations West, Inc. v. Superior Court of Los Angeles.

Additional documentation is available on the City Attorney's website at: https://www.sfcityattorney.org/category/news/uber-and-lyft/

SOURCE City Attorney of San Francisco
 

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3F5A31C2-E989-4919-AEF9-AB7D9D73B911.jpeg


[... makes note to go out to accept all and every ride to increase acceptance rate to 95+% ... ... ... makes note to buy water and candy to grease good will with riders to increase favorable ratings ... ... ... ]

 

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  • a complete list of drivers who began or ended at least one ride in San Francisco from 2015 to the present; They should already have this.
  • documentation showing whether the company classifies those drivers as an employee or an independent contractor for purposes of San Franciscoand/or California law; They classify us a contractors.
  • documentation on hours, wages, health care payments and other benefits for drivers classified as employees; and
  • proof that any driver classified as an independent contractor meets all three criteria set by the California Supreme Court. This is where the city will get them.
 

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Not sure it's cut & dried although b) is U/L's big problem.

(a) works outside the company's control and direction; (b) does work outside the usual course of the company's business; and (c) has an independent trade, occupation, or business of the same nature as the work she or he does for the company.

As usual though an SF pol who's never created or run anything in their life knows what businesses can afford, I always remember Mirkharimi saying the same thing about SF restaurants needing to pay for Healthy SF.

Note he says "If your company is valued at $62 billion, you can afford to give your workers health care.", he doesn't say "if your company is losing $10m/day you may have trouble paying for healthcare", (though naturally they can afford every gilt edged benefit under the sun for their HQ Millenials and Mr ahole 911 button VP).
 

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And then we become employees earning min wage with a set schedule... no thanks.
I hate when people try to tell me that I should be an employee and I have explain to them firmly that the solution isn't that but to raise the per mile/per time rate to a reasonable amount and that if they actually gave as much of a shit as they think they do they'll start tipping their drivers 150% of what they paid for the ride to cover all the expenses they claim Uber (via the customer) should be paying. Turns out people don't want that, they want minimum wage workers slaving to drive them around. BYE.
 

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And then we become employees earning min wage with a set schedule... no thanks.
I don't know why everyone keeps assuming that if you are an employee then it is not possible to have a flexible schedule. Even 35 years ago as an Engineer for General Motors I was on "flex-time" where I could basically set my own schedule as long as the job got done.
 
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We are employees already. If you don’t think so, then you’ve been fooled.

Cancel too much.
Deactivated.
No trip to Oakland.
Deactivated.
Service dog deny whether true or not
Deactivated.
False drunk or marijuana report
Deactivated

All have happened to people I know personally.

How are you your own boss?

SF doesn’t care about drivers. Only ways to get more money.
 

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https://www.prnewswire.com/news-rel...t-over-driver-pay-and-benefits-300655892.html


SAN FRANCISCO, May 29, 2018/PRNewswire-USNewswire/ -- City Attorney Dennis Herrera today issued subpoenas to Uber and Lyft to turn over records on whether they classify drivers as employees or private contractors, as well as records on driver pay and benefits. The subpoenas follow the California Supreme Court's recent ruling on the definition of an employee versus an independent contractor.

These subpoenas are the latest component of Herrera's investigation into whether ride-hailing companies comply with San Francisco ordinances. In light of the California Supreme Court's decision that companies must affirmatively prove a worker is an "independent contractor" before denying that person the wages and benefits guaranteed to California employees, Herrera seeks proof that Uber and Lyft have lawfully classified drivers as independent contractors or provide their drivers with minimum wage, sick leave, health care contributions and paid parental leave.

"San Francisco's laws help ensure that employers provide a fair day's wage for a fair day's work," Herrera said. "Our laws also guarantee employees basic humane benefits like sick leave, health care, and paid parental leave. We are not going to turn a blind eye if companies in San Francisco deny workers their pay and benefits. We are not going to tolerate any company shirking its responsibility to pay for benefits and shifting that burden onto taxpayers when drivers without health insurance turn to the emergency room. If your company is valued at $62 billion, you can afford to give your workers health care."

Uber and Lyft, whose core business is driving passengers from one place to another, have traditionally designated their drivers as independent contractors. On April 30, the California Supreme Court ruled that companies must classify their workers as employees, unless the company can prove a specific worker: (a) works outside the company's control and direction; (b) does work outside the usual course of the company's business; and (c) has an independent trade, occupation, or business of the same nature as the work she or he does for the company.

"The California Supreme Court has spoken on the definition of 'employee' in a way that directly affects San Francisco's worker protection laws, including our Minimum Wage Ordinance and Health Care Security Ordinance," Herrera said. "We don't know whether these ride-hailing companies are breaking the law until they provide the information we seek in these subpoenas. We are going to ensure that these companies comply with the Supreme Court's ruling and with San Francisco's laws."

The City Attorney's Office served administrative subpoenas today on Lyft, Inc., Uber, Inc. and Uber's affiliate, Rasier CA-LLC. The subpoenas seek:

  • a complete list of drivers who began or ended at least one ride in San Francisco from 2015 to the present;
  • documentation showing whether the company classifies those drivers as an employee or an independent contractor for purposes of San Franciscoand/or California law;
  • documentation on hours, wages, health care payments and other benefits for drivers classified as employees; and
  • proof that any driver classified as an independent contractor meets all three criteria set by the California Supreme Court.
"The argument that these companies have tried to use in the past - that they're just a technology platform - doesn't pass the smell test," Herrera said. "People go to Microsoft or Salesforce for software. People go to Uber or Lyft for a ride."

About the Investigation

Today's subpoenas are the second set of subpoenas issued by the City Attorney's Office for Uber and Lyft, which the state designates as transportation network companies, or TNCs. The first set of subpoenaswas issued in June 2017 as part of an investigation into discrimination, disability access, public safety and potential violations of other state and local laws. Lyft is providing the subpoenaed information in that ongoing investigation. Uber was directed to do so by the court but has appealed.

About the Supreme Court Case

The California Supreme Court's landmark decision on independent contractors was issued on April 30, 2018, in Dynamex Operations West, Inc. v. Superior Court of Los Angeles.

Additional documentation is available on the City Attorney's website at: https://www.sfcityattorney.org/category/news/uber-and-lyft/

SOURCE City Attorney of San Francisco
I hope you all realize they are just trying to get our names & info to tax us for the business licenses etc.Don't be naive to think they give a rats tail about any of our struggles.They are trying to make money off of us!!!
 

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I hope you all realize they are just trying to get our names & info to tax us for the business licenses etc.Don't be naive to think they give a rats tail about any of our struggles.They are trying to make money off of us!!!
Agreed this is a pathetic attempt at an end run on SB182 but they can't trump state law.
 

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I don't know why everyone keeps assuming that if you are an employee then it is not possible to have a flexible schedule. Even 35 years ago as an Engineer for General Motors I was on "flex-time" where I could basically set my own schedule as long as the job got done.
"flex-time" doesn't apply here at all, this isn't paper work or video editing or research, this is the service industry. you work when people need you to, not when you have nothing else to do. the job is dependent on the flow of people's daily requests, not a months or years long engineering project. i hope you can see how those jobs are unrelated in practice.

We are employees already. If you don't think so, then you've been fooled.

Cancel too much.
Deactivated.
No trip to Oakland.
Deactivated.
Service dog deny whether true or not
Deactivated.
False drunk or marijuana report
Deactivated

All have happened to people I know personally.

How are you your own boss?
this is all true, however i think there is a big difference between being paid hourly and being paid as we're being paid now. we're not our own bosses, that's for damn sure, and anyone claiming they're a "business owner" cause they're an uber driver can STFU... i hate when driver's say that lol. you own nothing but the crap in your butt, and even that's leaving you soon.

we do have more agency right now than we would if we were, on top of all the things above, required to work a schedule we don't have much control over and only paid the bare minimum. doesn't have to be one or the other, we need to create a new classification of worker that is neither an independent contractor nor an employee, and has the some of the benefits and some of the rights of both.

right now though, all things considered in the bay area at least, we're lucky and can hustle ourselves out of abject poverty, even though the cost of living is egregious, and that would not be possible at $490 income a week before taxes as an hourly employee. nope, nope, and nope.

but yes, you're right, we are not our own bosses and anyone who thinks that is in for a rude awakening when they do get deactivated cause a sadistic pax got bored and made a false report that brought their income down to zero in a second and a half.

I hope you all realize they are just trying to get our names & info to tax us for the business licenses etc.Don't be naive to think they give a rats tail about any of our struggles.They are trying to make money off of us!!!
YEP. The city wants to regulate us, the drivers, not uber or lyft. They want our money, they want the pax money, and they'll screw us all over to get it.
 

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This is an enforcement action based on rulings.

There were two decisions.

One a State Supreme Court ruling designating you an employee.

The other, a unanimous decision from the CPUC requiring Uber to operate as a TCP.

Party will be over after this week.
It is just a matter of time.
 

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No time frames have come and gone.

I have never predicted the downfall of Uber or Lyft and own a considerable amount of assets in this space.

I am a shareholder.

This is changing and if you do not recognize that you will end up just discarded in a ditch, no email, phone call or text, just nothing.
 
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This is an enforcement action based on rulings.

There were two decisions.

One a State Supreme Court ruling designating you an employee.

The other, a unanimous decision from the CPUC requiring Uber to operate as a TCP.

Party will be over after this week.
It is just a matter of time.
Fake news

Are you willing to back up this claim or is it more idle chatter? You have been predicting the impending downfall of uber and Lyft for awhile. Various target dates ranging up to 3 months have come and gone. Perhaps you'd like to bet on the Cav's?
He bet on Boston and Houston. Lol
 
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