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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The Week in FFCRA Cases Includes a Class Action Suit against the USDA

July 24, 2020
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Four cases came across the wire this week and we have chosen to highlight them all. One case is the first class action lawsuit filed under the FFCRA and concerns potentially millions of people seeking SNAP aid. The three other suits that were filed this week follow a familiar line for anyone who has been reading our updates. People are getting sick or have family members getting sick and are then denied their right to paid leave and are terminated.

The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
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This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

Dueling Congressional Plans to Bailout US Childcare

July 21, 2020
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By now, the fact that childcare is in crisis is not new. But as the weeks creep by it is crystallizing as one of the signal problems of the pandemic lockdowns. Without childcare, which includes open K-12 schools, parents, child care workers, day care providers, and a host of others have been deeply affected. As Congress prepares to reconvene and wrangle over a new set of stimulus payments, a boost to the childcare industry is front and center.

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