San Francisco Metropolis Legal professional Dennis Herrera has sent subpoenas to Uber and Lyft that asks them to offer data pertaining to how every firm classifies its drivers (W2 staff versus 1099 contractors), in addition to pay and advantages.
The subpoenas additionally request a listing of drivers who’ve both began or ended not less than one journey in SF between 2015 to the current day and proof that any driver categorized as an unbiased contractor meets the three standards set ahead by a latest California Supreme Courtroom ruling. According to the April 30 ruling, firms should classify employees as staff until they will show the particular person is just not below the management of the corporate, works exterior the corporate’s normal scope of enterprise and has an unbiased enterprise or job of the identical nature of the work they do for the corporate.
It’s price noting that each Uber and Lyft usually describe their drivers as individuals who do the sort of work as a aspect hustle, somewhat than as individuals who function their very own transportation firms.
“The argument that these firms have tried to make use of previously — that they’re only a expertise platform — doesn’t go the odor take a look at,” Herrera mentioned in a press launch “Folks go to Microsoft or Salesforce for software program. Folks go to Uber or Lyft for a journey.”
With the subpoenas, Herrera needs to make sure Uber and Lyft are legally classifying their drivers as unbiased contractors. If not, then Uber and Lyft should supply drives minimal wage, sick go away, well being care and paid parental go away.
“San Francisco’s legal guidelines assist make sure that employers present a good day’s wage for a good day’s work,” Herrera mentioned. “Our legal guidelines additionally assure staff primary humane advantages like sick go away, well being care, and paid parental go away. We aren’t going to show a blind eye if firms in San Francisco deny employees their pay and advantages. We aren’t going to tolerate any firm shirking its duty to pay for advantages and shifting that burden onto taxpayers when drivers with out medical insurance flip to the emergency room. If your organization is valued at $62 billion, you may afford to present your employees well being care.”
I’ve reached out to Uber and Lyft and can replace this story if I hear again.