January 6, 2020

New Report from Uber Highlights the Risks of Driving in the Gig Economy

Major players in the "gig" economy are not known for their transparency, but ride hailing giant Uber has recently released its 2017-2018 safety report, which, in part, highlighted the risks that gig economy workers faced on the job. Among the most significant risks were those in the form of sexual and physical assault on the job, with 42% of assault cases being reported by drivers. The most common assault reported by drivers and riders was "non-consensual touching of a sexual body part," with 1,560 cases reported in 2018 alone.

While Uber's report points out that sexual assaults are a pervasive set of crimes in the contemporary U.S., are often under-reported, and from which no profession is immune, one significant difference is that many workers in the gig economy are not afforded the same workplace assault and harassment protections that traditional employees are. Additionally, work on an app-based service such as Uber or Lyft relies on user generated ratings for workers, which may be an added deterrent for workers to report assaults. Though, independent contractors in New York State were given new rights to bring sexual harassment claims against employers despite their employment status last year.

Writing about the report for the New York Times, Dr. Alexandrea Ravenelle points out that such workplace harassment is not unique to ride-hail drivers. In compiling interviews for her book Hustle and Gig: Struggling and Surviving in the Gig Economy she interviewed dozens of workers from numerous app-based job sites, such as Postmates, TaskRabbit, and UberEats, many of whom reported experiencing workplace harassment, even if they didn't recognize it as such. This, Dr. Ravenelle notes, is often because these workers do not get the same training about workplace safety nor are the extended the same rights as other workers because they are considered independent contractors, though that recently changed in New York State.

While releasing this report keeps Uber out in front by providing a certain level of transparency, workplace activists and researchers believe that much more needs to be done to provide safe mechanisms for gig economy workers to report assault and other workplace harassment without fear of losing their gigs or receiving low ratings. More clear training, responsive investigations, and banning users and clients who assault workers is essential to provide a modicum of decency and safety for workers.

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Employers Can Create the Future We Deserve, or Exacerbate Discrimination Against Parents - Especially Women

October 6, 2020
Gender Discrimination
Paid Family Leave
More than 865,000 women “left” the labor market in September 2020, demonstrating that the COVID pandemic is forcing women out of work. One in four women who are still in the workforce are considering downshifting their careers, or leaving the workforce entirely, due to the pressures of work and family care.Employers who are concerned about retaining their employees who are parents, especially mothers, can take some steps to ensure that parents are not forced to “choose” their families over their careers.

Employers Should Heed Doctor’s Advice When Accommodating Workers

October 6, 2020
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According to Peeples v. Clinical Support Options, Inc., No. 3:20-CV-30144-KAR, 2020 WL 5542719 (D. Mass. Sept. 16, 2020), providing the plaintiff with a mask was insufficient accommodation, holding “a majority of these so-called accommodations are workplace safety rules rather than an individualized accommodation to address Plaintiff’s disability.”

Employer-based Health Insurance on Shaky Ground

September 29, 2020
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Employer-provided health care schemes are under severe strain and those who have already been laid off have been struggling to shore up the gaps in their coverage, all during a global health crisis.

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