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.

white line

5 Tips for Parental Leave Policies That Minimize Risk

May 15, 2018
Paid Family Leave
FMLA
Pregnancy Discrimination
Laurie Berke-Weiss and Alex Berke were quoted in a recent Law360 article about minimizing legal risk for employers around parental leave issues.

New Sexual Harassment Laws for Employers

April 17, 2018
Sexual Harassment
The New York State Legislature and New York City Council have recently enacted new measures in an attempt to prevent sexual harassment. Both legislative bodies passed a series of new laws that employers need to be aware of and comply with.

Department of Labor Adopts Appellate Court Test

February 23, 2018
No items found.
On Friday, January 5, the U.S. Department of Labor adopted a new test for determining whether interns qualify as employees under the FLSA, rescinding agency guidance from 2010.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.