We wanted to answer some of the questions drivers have asked about Levin’s 144-B (the temporary vehicle cap):
How long will the cap be in effect and when will it go in effect?
The cap is a moratorium for 12 months and goes into effect the day the bill is signed into law. The bill is scheduled to be signed on Tuesday, August 14.
Is this limiting vehicles or drivers?
Vehicles. This is the license the moratorium effects:
The cap is on For-Hire Vehicle Licenses which are what give a vehicle owner the right to have a vehicle operate on the streets (like a medallion), not Universal Drivers Licenses. This is not a limit on TLC Drivers Licenses. The companies will continue to nonstop hire workers, though the hiring will likely slow, especially after four months or so.
I currently own a TLC vehicle, can I replace it?
Yes. If you currently own a vehicle, you may replace it with another vehicle during the 12 month moratorium period. You may not have two TLC-plated vehicles, but you can retire your old vehicle as a TLC plated car.
I’m currently processing my TLC licensure for my vehicle, will I be able to license my car?
Yes. The City Council has promised us that if you are currently in the waiting period to acquire your FHV License, your application will be honored.
My leasing partner currently owns the FHV License, but I am in a Lease-To-Own agreement and will own it within a year. Will I be able to own and operate my vehicle?
Yes. If you entered into a Lease-To-Own agreement before the bill goes into effect and that agreement is longer than two years, if the FHV License is currently under the leasing company, you will be able to get a FHV license for the vehicle and own it.
Will the value and cost of vehicles increase under this bill?
Yes and no. Unlike a medallion, FHV Licenses are non-transferable and cannot be sold on a market, so there’s never going to be a FHV License being sold for $3 million. However, because Uber will continue getting new drivers to enter the market, there is going to be a lot of pressure for current vehicle owners to lease out their cars, and the cost of leasing will likely skyrocket.
Is there any way I can buy a vehicle?
Yes. There are no limits on adding new Wheelchair Accessible Vehicles, and keep in mind that pay for WAV drivers is going to be significantly higher with our pay regulation bill. You can enter in real mile and minute numbers from a previous trip and see how big the increase would be if you were operating a WAV at http://IDG.ms/testtrip
Does the IDG support this legislation?
Yes, but it isn’t exactly what we wanted. We wanted a driver cap to stop new drivers from entering the industry which would have been much more radical and would have forced wages up throughout the entire industry without any bad effects on drivers. But this vehicle cap does make it harder—though not impossible—for Uber to nonstop hire which is good as it will pressure the companies to treat and pay workers better. Along with the Fair Pay Floor legislation, which will increase driver pay when a company over hires and make it unprofitable for them to continue flooding the market, this is a one-two punch to make things better for us.
But vehicle caps are problematic long term. The byproduct of the vehicle cap is that leasing costs will likely skyrocket if it stays in effect long term because all new drivers are effectively forced to lease or rent. However, this cap is only temporary, so we have a chance to work with the TLC to get vehicle limits, and regulations on companies like American Transit right over the next year. It is a good thing as a temporary measure.
Is there anything else about the bill package drivers should know?
The City Council is also voting on our pay regulation bill which we have been fighting for for two years. After the vote, we take the fight to the TLC to make sure it’s done right. You may test the TLC’s proposed raise here: http://IDG.ms/testtrip In addition, we are working with the City Council on rules to regulate and rein in leasing companies, that bill will be proposed on August 8, along with a health benefits fund.
In addition at the state level, we are continuing to work to expand the Black Car Fund to get them to provide disability insurance, paid time off, and other benefits.
Come to the next IDG General Meeting to get excited about the City Council Meeting happening on Wednesday, August 8th. Because of all the organizing, protesting, calls, emails, lobby days, and POWER that IDG members showed – we will finally be able to pass laws that make the FHV industry better.
We will be talking about the bills being proposed at the City Council hearing happening on August 8th, including a cap on vehicles, a pay raise, and a fund for health care.
Please join us at this important meeting to discuss positive regulations that are being voted on next week! We need full support to get these to pass!
Free parking opens up at 7PM and there will be food available.
Struggling Drivers Waged Years Long Campaign for Pay Floor, Cap on Drivers
New York, NY — The Independent Drivers Guild is celebrating a package of amended bills in New York City which would bring drivers for apps like Uber and Lyft one step closer to winning the nation’s first minimum pay rules for app-based drivers. The IDG, which represents more than 65,000 app-based for-hire vehicle drivers in New York City, has waged a two year campaign for the rules, amassing more than 16,000 signatures on its petition, filing the formal rulemaking petition, demonstrating at city hall, running a social media ad campaign, and lobbying public officials for action. “Apps like Uber and Lyft cannot be allowed to exploit loopholes in the law to pay drivers sub-minimum wage pay rates. This has been a long time coming and we are excited to see the city starting to take action. This is huge,” said Ryan Price, Executive Director of the Independent Drivers Guild, which has led the two year campaign for a pay raise. “Thousands of our members have poured their hearts, souls and time into this campaign and it feels good to be heard.”
The new draft of the proposed bill Intro 890-A sponsored by Council Member Lander calls on the city to establish minimum pay rates for drivers for apps like Uber and Lyft, who are not protected by minimum wage laws. The bill calls on the city’s Taxi and Limousine Commission to take into account the workers’ expenses and cost of living, as well as the total charged to the rider. The legislative proposal follows the IDG’s years long campaign for a raise and a cap on drivers — and would give City Council backing to the TLC’s response: a minimum pay rate that would raise driver pay by at least 22.5 percent. The city commissioned analysis found that driver pay could be increased without much, if any, increase to rider fares.
“We want to thank Speaker Corey Johnson and Council Members Lander and Levin for listening to the drivers. This bill package is a massive improvement and a step in the right direction over the original Diaz bill which would have punished app based drivers with a new $2000 per driver tax, the one boss rule and 10-ride per day requirement which would have caused thousands of layoffs and created an Uber monopoly that would further harm workers. Thankfully, those onerous policies have now all been removed, but there is still work to be done. We are still studying the bills and will continue to work with the Council and TLC,” added Price.
Price noted that one of IDG’s remaining concerns is that much like the mistake of the medallion industry model, a vehicle cap would increase expenses to workers —and without a worker cap it may serve to incentivize more worker abuses. By allowing drivers to continue to flood the market, such a rule is unlikely to curb congestion and instead incentivize a shift to a fleet-based system, which erodes worker power and opportunity for building long term financial security. A cap on TLC licensed drivers is the worker-friendly solution that will work for both taxi drivers and app-based drivers. It’s essential the TLC watches that and curbs the wild west exploitation of the leasing and lending industries.
The IDG began pressing for pay rules in 2016 and released its formal, detailed proposal in November 2017. This included a livable minimum pay rate, which would also be a 37 percent raise over current Uber and Lyft rates, and a cap on the number of TLC-licensed drivers. The Guild went on to file a formal rulemaking petition in February 2018. In May, the city responded that it planned to act in approximately two months and released a report on its proposal this month: a pay floor that would raise driver pay by 22.5%.
The speaker’s office is also publicizing rules that are going to be proposed on August 8th that will give our members a health benefits fund, which is a Johnson bill about 1,000 of our members have signed a petition in support of, and presenting rules which would allow the TLC to regulate leasing companies. This progress comes on the heels of the IDG winning landmark new health and vision benefits for more than 42,000 Uber and Lyft drivers earlier this summer and follows the Guild’s successful campaign to force Uber to add tipping to the app.
See our backgrounder on why capping the number of TLC licensed FHV drivers is the labor-friendly alternative to capping the number of for-hire vehicles: http://drivingguild.org/2018/03/28/license-limit/
Three Uber drivers were recently determined to employees and eligible for unemployment insurance through the New York State Unemployment Insurance Appeals Board.
All workers deserve the social safety net of being able to provide for their families when not able to work. We expect it will continue to take years to get any final ruling on the classification of all of our members, and in the meantime drivers are struggling to survive. It’s crucial that the city and state act to extend the safety net to all drivers now, by becoming the first in the nation to protect drivers with a livable minimum pay rate and by building on our workers’ compensation and the landmark new telemedicine and vision benefits we just won. Whether courts rule our members as Independent Contractors or Employees, the IDG or the IAM will always be bringing app-based drivers together for fair pay and dignity on the job.
Ready to trade your “gig” for a good full-time job?
Stop by New England Motor Freight from 10am-2pm on July 11th to learn about an exciting career opportunity as a union trucker, and get a free lunch! NEMF has paid training opportunities for the right candidate. In a few months, you could be on the road driving a local truck route making $20/hour, 40 hours/week, medical, dental, vision, and retirement benefits.
Extra support is available for women, veterans, and people under 25.
Interested? The first step is getting your Commercial Learners Permit by passing the written test at the DMV. We offer a test prep class together with the IAM union. Fill out this form to learn more about the class and application process.
This special opportunity is brought to you by the Independent Drivers Guild-IAMAW, IAMAW District 15, IAM CREST, and New England Motor Freight.
In New York City, app-based drivers have come together with the Independent Drivers Guild to have a voice in the workplace. Since workers have come together, we have won:
A tipping option nationally, and laws that money from tips will all go to the driver.
We are on the brink of winning a huge pay raise, and we are the highest paid app-based drivers in the country.
We have the right to appeal any unfair firings.
We have workers’ compensation and other vital benefits so if we get hurt on the job, we are paid for days we can’t work.
Drivers are paid to attend Defensive Driving Classes, Heath and Wellness classes, and we run the IDG Education Center to teach drivers how to organize, and how to make this job sustainable.
We are quickly advancing toward a fair industry because of driver unity.
But Chicago is a different story. Uber, Lyft, and Via drivers in Chicago are some of the most underpaid app-based workers in the country. We have no protection from the constant, unrelenting exploitation and no voice with the people making the rules.
If you are ready to unite with your fellow drivers, please fill out this form and when we are ready, we’ll get started organizing.
Join us for our second ever IDG Opportunity Fair! We have partnered with non-profits, unions, and universities to offer a variety of free service accessible to you. At the fair, you will find:
Free college courses and programs!
IDG Benefits offering free telemedicine insurance & free optical care for full time drivers
Sloan Kettering Hospital to offer free health care screenings!
ESL program providers!
Job training professionals that will train in IT, CDL licensing, Customer Service, and more!
Immigration representatives and lawyers!
IDG Legal Help line, IDG Education Center, and IDG Union Leadership Program!
and more!
All organizations attending will be offering free services to IDG members. Please feel free to bring your family, friends, and children to take advantage of this career advancement opportunity.
EVENT PARKING OPTIONS: From 5:00pm-7:00pm the neighborhood clears out in terms of street parking. From 7:00pm on all the commercial space in front of the building will be open and legal for you to park at!
If you have any questions/concerns/etc. about the event, please email MaryGrace.
Proposal Follows A More than a Year Long Worker Campaign and Would Establish First Minimum Pay Rules for App-Based Drivers Who Lack Protection of a Minimum Wage
New York, NY — After more than a year long campaign by thousands of app-based drivers with the Independent Drivers Guild, New York City today is releasing a new report analyzing a proposal to establish a minimum pay rate for drivers. Below is a statement from the Guild:
“The new study confirms what we’ve been saying for some time – that drivers are in fact struggling and it’s time to act. New York must require exploitative companies like Uber and Lyft to pay a livable wage. The city must lead the way for a more fair industry on behalf of the more than 65,000 app-based drivers in our city as well as to set a precedent for those struggling all across the U.S.
We are continuing to analyze the potential proposal, but without a doubt establishing minimum pay rules that raise driver pay is the single most important step the city can take to help these struggling working families and we thank the city for listening to drivers and pursuing it. Most of all, we are proud and thankful for all the drivers who came together to fight for this critical action over the course of a more than year long campaign”
– Jim Conigliaro, Jr., Founder of the Independent Drivers Guild, a Machinists Union affiliate which represents and advocates for more than 65,000 app-based drivers in New York City
Timeline of IDG’s Campaign for Livable Pay Rules for App-Based Drivers
Thousands of drivers who make up the Independent Drivers Guild have spent more than a year campaigning for livable wage rules in New York City. From the Guild’s first letter to the City’s Taxi and Limousine Commission on the subject in June of 2016 to gathering more than 16,000 for-hire vehicle driver signatures on the Guild’s petition in 2017 and 2018. The city responded in May to IDG’s formal rulemaking petition stating it plans to put forward rules this summer. Here is a timeline of the Guild’s campaign.
June – July 2016
The IDG formally raised the issue of fare regulation to the Taxi and Limousine Commission (TLC) in June 2016 when the TLC proposed limiting the number of hours drivers could work. After polling drivers on the proposed 12 hour rule, the IDG argued that before limiting work hours, there must first be pay protection rules in place to ensure drivers could make a living.
Shortly after the IDG’s May launch, we sent a letter to TLC President Meera Joshi on June 23, 2016 in opposition to the proposed rule to limit driver hours without taking measures to maintain driver pay. In July 2016, the IDG also submitted the signatures of 615 drivers who signed on to the letter calling for a livable pay floor before capping driver hours. The IDG reinforced this position to the TLC when they attended an IDG meeting with drivers at IDG offices (in late 2016).
Fall 2016
The IDG worked with the TLC to provide solutions to improve driver pay. IDG made members available for interview with the TLC to discuss their earnings, expenses and their daily struggles to make ends meet. IDG gave suggestions for survey questions the TLC should consider.
December 2016
The first TLC survey on driver pay was launched.
February 2017
The IDG discussed the need for livable wage rules in letter and petition to TLC on tipping
April 2017
IDG drivers sent 1,500 emails on the IDG platform to TLC in April and made hundreds of calls to TLC on fair pay agenda.
IDG called for a transparent mile and minute pay protected from commission and other charges at a TLC hearing attended by 60 drivers.
IDG launched a pay petition and spent the next several months gathering signatures.
Summer and Fall 2017
IDG continued to collect driver data on pay and conducted research to support pay rules.
November 2017
IDG released formal pay proposal, a 19 page report, with the support of 8,000 drivers signatures.
February 2018
IDG member Doug Schifter took his own life in front of City Hall. While Schifter was neither the first, nor the last driver to die by suicide as a result of economic hardship, it was the first to garner widespread media attention.
After more than a year of discussion and research, the IDG launched a formal rulemaking petition to put pressure on the TLC for timely action.
March 2018
IDG President Jim Conigliaro, Jr. published an op-ed in Crains pleading with the industry to stop scapegoating drivers for New York’s transportation problems.
The IDG released an explainer on why capping the number of TLC licenses is a labor-friendly alternative to the proposed cap on vehicles.
April – May 2018
300 FHV drivers rallied outside city hall, including staging a rush hour funeral caravan over the Brooklyn Bridge to City Hall to call for fair pay and protest the punitive Diaz Bill (Intro 838-a). Driver-activists called for pay protections instead of a law that would drive them deeper into poverty.
The IDG launched digital ad campaign reinforcing their opposition of Intro 838-a and demands for pay protections.
IDG member and allies flyered City Hall and sent nearly 4,000 phone calls and emails to the TLC in opposition of the Diaz Bill and continue to demand driver pay reform.
FHV driver and IDG Steward Aziz Bah published an op-ed in the New York Daily News describing his financial struggles and the need for better pay.
The New York Times and New York Daily News editorialize in favor of establishing a regulated livable wage for drivers and a cap on app fees.
June 2018
IDG members and allies made more than 200 calls to City Council in 36 hours in a continued effort to demand fair pay and an end to the Diaz bill. To make an even more direct case, they held a lobby day and a flyer Day in City Council district offices to address City Council members and staff in person.
The Independent Drivers Guild is an affiliate of the International Association of Machinists and Aerospace Workers and represents and advocates for more than 65,000 app-based drivers in New York City. We are Uber, Lyft, Juno, and Via drivers united for a fair for-hire vehicle industry.
Media contact: press@drivingguild.org
703-416-9188
New York’s Black Car Fund launches vision and telemedical benefits for drivers
New York, NY– The Black Car Fund, the nation’s first fully self-funded, self-insured and self-administered non-profit workers’ compensation provider – formed by New York State statute nearly 20 years ago – will now be the first in the nation to provide professional drivers with vision and telemedicine benefits. Developed in coordination with the Independent Drivers Guild, the new benefits plan will cover more than 42,000 app-based and black car drivers and will be funded by the longstanding 2.5 percent Black Car Fund rider surcharge.
Working with the Independent Drivers Guild, the Black Car Fund will offer these new benefits beginning July 1, 2018. Uber will be assisting with outreach efforts. The groups also reached out to Lyft, Via and other app-based services for assistance, and are awaiting response. The benefits will cover for-hire drivers in New York State who qualify by driving a minimum number of hours per month, including workers driving for all app-based car service companies.
“When the Black Car Fund first started its benefits programs, it was ahead of its time; now it’s 2018 and it’s time to implement concrete solutions as the national gig-economy grows. Providing telemedicine and vision benefits will make drivers healthier, safer, and happier—and in turn, be a model for the rest of the country. This is the direction the industry must go for the betterment of for-hire drivers,” said Ira Goldstein, Executive Director of the Black Car Fund.
“This is a proud moment for our Guild and a huge step toward a more fair industry,” said Jim Conigliaro, Jr., founder of the Independent Drivers Guild, a Machinists Union affiliate which represents and advocates for more than 65,000 app-based drivers in New York City. “New York’s for-hire vehicle drivers are being crushed under the weight of sub minimum wage pay and have no access to the social safety net and benefits most workers take for granted. While we continue our fight for livable pay, we are pleased that drivers who need glasses will finally be able to get them along with 24/7 access to a doctor, all at no cost.”
“These new benefits are a much-needed breakthrough for drivers for apps like Uber and Lyft and we hope to both expand on these benefits in New York and help workers across the U.S. to win similar gains,” saidAndrew Greenblatt of IDG Benefits Fund, the Guild’s sister organization that provides benefits and health screenings to drivers.
“It’s fair to say that the workers’ compensation industry has been watching the approach of the NY Black Car Fund for some time. Its innovative approach to addressing a gap in workers’ compensation coverage has far-reaching possibilities as we see economic shifts change the way we work. The NY Black Car Fund will be speaking at the IAIABC’s upcoming 104th Convention, and we look forward to hearing how they continue to adapt their model to meet the needs of workers,” said Heather Lore, senior manager of membership and communications at the International Association of Industrial Accident Boards and Commissions.
“With the rapid growth of for-hire car service companies and their independent workforce, the Black Car Fund feels a responsibility to ensure a new population of drivers are healthy and safe. We are proud that we can offer these new benefits at no new cost to the public, to help drivers and make the streets safer for everyone,” said Berj Haroutunian, Executive Chairman of the Black Car Fund.
“Money is tight– I can’t afford the time off or expense of doctor’s visits, but for my child, doctor’s visits are not optional. So I find myself making trade-offs on which bill I will have to skip paying that month,” said Independent Drivers Guild member Tina Raveneau, a single mom who drives for Uber and Lyft. “Getting those school year sick visits done for free over video chat is going to save me a bundle, get my child seen more quickly, and alleviate a huge stress of parenting in this industry.”
New Benefits
Driver Telemedicine Benefit
All drivers will be able to consult with a doctor via video or voice, from within an exclusive app or by phone, regarding a full range of basic medical issues.
Can be used for workers’ compensation or non-workers’ compensation uses.
Doctors can write prescriptions over the video or voice consultation immediately, except for controlled substances.
Allows for more appropriate and cost effective follow-up medical care, with drivers not needing to take time off, ensuring maximum medical improvement is reached most efficiently as possible.
Drivers may use this service for help with spouses and children.
Translators are available for over 150 languages.
Driver Optical Plan
All drivers will benefit from one free optical exam per year, as well as, if needed, one pair of prescription glasses or three-month supply of contact lenses, free of charge.
Drivers will have access to a network of hundreds of participating vendor service locations throughout New York.
Vision Provider has an outreach team which will strategically be placed in highly-trafficked areas within multiple communities, such as near public parks and the airport service plazas, to book eye exams on the spot for drivers.
About the Black Car Fund
The New York Black Car Operators’ Injury Compensation Fund, otherwise known as The Black Car Fund, The Fund, or BCF, was created for the purpose of providing workers’ compensation coverage to Black Car Operators in the State of New York. The BCF was formed by state statute in 1999, and began issuing coverage in 2000.
BCF has approximately 365 Member Bases throughout the State of New York and provides coverage to approximately 125,000 Drivers. The Black Car Fund is funded entirely by passengers in the form of a 2.5% surcharge per ride.
