We always remain focused on our goal of fighting for drivers and part of that fight means telling our story and sharing our difficulties during the COVID-19 pandemic. Our team just published an op-ed in Business Insider by one of our own drivers.
We will continue to fight for better wages, working conditions, and safety protections — especially during COVID-19. Also, we need to share the stories of all of our drivers and the hardships we and our industry is facing during the pandemic.
Share this op-ed with your fellow drivers, with your friends and family and with your communities. The time is NOW for drivers to organize for collective action and reclaim worker power. Drivers keep cities across the country moving, and we will keep fighting for our rights!
For up to date information, visit our website, and of course, please reach out with any questions. We, together, will bring back the industry with respect and dignity.
As always, we hope you and your families are staying safe and healthy.
The Independent Drivers Guild
NYU and the Independent Drivers Guild working together to mitigate COVID-19 risk for drivers and passengers
New York, NY — New York University’s School of Global Public Health (NYU GPH) is teaming up with the Independent Drivers Guild (IDG) to increase the safety of rideshare drivers and passengers during the COVID-19 pandemic.
NYU GPH environmental and occupational health experts are developing training programs and targeted protocols focused on evidence-based COVID-19 safety practices and tailored for rideshare drivers and passengers. The IDG—which represents more than 80,000 for-hire drivers for Uber, Lyft, and Via in New York City and advocates for more than 200,000 drivers across New York, New Jersey, and Connecticut—will work with its members to implement, monitor, and evaluate the program.
“Drivers for ride-hailing companies are on the front line, getting people to work and critical appointments, and coming into contact with numerous passengers each day. Drivers need to be protected, and passengers need to know that with safety practices implemented, COVID-19 risks can be minimized,” said Jack Caravanos, clinical professor of environmental public health sciences at NYU GPH and the project’s director.
“Passengers must have confidence that drivers are providing the safest possible ride or they won’t return to rideshare, and drivers need to know the steps to take to protect themselves and their riders,” said Brendan Sexton, executive director of the IDG. “Ride-hail drivers transport millions of riders each day in the United States and it is critical that we move quickly to adopt the safety procedures that will protect public health. We need the cooperation of Uber, Lyft, Via, and traditional black car companies to fulfill our goal of safe rides for all. We are glad to work with NYU School of Global Public Health to develop this safe ride program because knowledge is power, and we need to empower drivers with the information and resources they need to operate safely in this unprecedented environment.”
NYU GPH is creating a series of online training modules with the Guild, available in both English and Spanish, aligning with health and safety guidelines from the Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA). The modules cover topics including an overview of COVID-19 symptoms, transmission, and testing, as well as an introduction to infection control, the proper use of face masks, personal hand hygiene, and sanitizing frequently touched surfaces. Training will also address activities specific to drivers, including vehicle cleaning, air ventilation in cars, and customer service protocols.
“I am eager to get back to work, but don’t have the luxury of working from home. It’s been difficult to balance safety and financial security. The training developed by NYU and the Guild are really important to me—giving me reliable information on how I can protect myself and my family,” said Guillermo Fondeur, an IDG member based in Brooklyn who drives for Uber and Lyft.
The Independent Drivers Guild has been the leading voice for the health and safety of ride-hail riders and drivers both before and during the Coronavirus pandemic. Amid the Coronavirus pandemic, the Guild successfully advocated for a ban on pool rides, a mask mandate for riders and drivers and compensation for sick and high-risk Uber, Lyft and Via drivers not just in New York City but across the nation. At the epicenter of America’s coronavirus outbreak, New York drivers found themselves without masks or sanitizer amid a worldwide shortage. The Guild worked quickly with partners to secure and distribute safety kits to more than ten thousands drivers who were still on the streets transporting hospital workers and other essential personnel and IDG is continuing to distribute safety kits as the city opens up.
The Guild’s work expanding driver benefits and protections over the years also played a critical role in protecting the health of riders and drivers throughout the crisis, from securing running water restrooms (providing critical hand washing stations) for drivers at Newark, La Guardia and JFK airports for the very first time to winning free telemedicine benefits for drivers.
The NYU team includes:
● Jack Caravanos, clinical professor of environmental public health sciences at NYU GPH, who has more than 30 years of experience in designing and implementing environmental health interventions. Local and international groups rely on his expertise and research to help communities at risk from exposure to environmental hazards and toxins. Caravanos is also a board-certified industrial hygienist and specialist in personal protective equipment (PPE), including masks.
● Andrew Goodman, clinical professor of public health policy and management at NYU GPH, who is a population health expert and former Deputy Commissioner for Health Promotion and Disease Prevention at the New York City Department of Health and Mental Hygiene. Goodman now works with government agencies and union management to design workplace health programs, and several community organizations to design, implement, and evaluate community health interventions.
● Andrew Burgie, assistant research scientist at NYU GPH, who directs the Hazardous Waste Worker Training Program, funded by the National Institute of Environmental Health Sciences (NIEHS), which has trained more than 5,000 professionals in the New York metropolitan area.
“We look forward to providing this training, which will benefit both drivers and their passengers. It’s one of many ways that NYU School of Global Public Health has been answering the call for public health expertise during this pandemic, from modeling to taking the pulse on primary care in New York City to community efforts mobilizing resources to donate PPE,” added Caravanos.
Caravanos, Goodman, and Burgie are working closely with the IDG to develop the evidence-based training program; IDG, a Machinists Union affiliate working to ensure the health and safety of rideshare drivers and riders through advocacy and education, will begin implementing the training program this week. The Guild is a leader in driver education and training programs, training thousands of for-hire vehicle drivers each year in defensive driving, English as a Second Language, chauffeur skills, and wellness programs.
Media contact for NYU: Julia Cartwright, email@example.com
Rachel Harrison, firstname.lastname@example.org
Media contact for IDG: Moira Muntz, email@example.com
About the NYU School of Global Public Health
At the NYU School of Global Public Health (NYU GPH), we are preparing the next generation of public health pioneers with the critical thinking skills, acumen, and entrepreneurial approaches necessary to reinvent the public health paradigm. Devoted to employing a nontraditional, interdisciplinary model, NYU GPH aims to improve health worldwide through a unique blend of global public health studies, research, and practice. The School is located in the heart of New York City and extends to NYU’s global network on six continents. Innovation is at the core of our ambitious approach, thinking and teaching. For more, visit: http://publichealth.nyu.edu/
About the Independent Drivers Guild
The Independent Drivers Guild is a Machinists Union affiliate that represents and advocates for more than 200,000 for-hire vehicle drivers in New York, New Jersey and Connecticut. Established in 2016, the Guild has secured numerous benefits and protections for ride-hail drivers, from free telemedicine benefits and mental health counseling to free English the first of its kind job protection program. The Guild’s successful campaign to require Uber to add a tipping option to the app and to establish the nation’s first minimum wage after expenses for New York City ride hail drivers have put over a billion dollars in drivers’ pockets.
IDG Crisis Response Team is Assisting Ride-Hail Drivers in Wake of Coronavirus
New York, NY — With “stay at home” mandates being enacted in various states across the country, rideshare drivers are uniquely exposed economic danger posed by COVID-19. Lax federal screening and quarantining of arriving travelers also left ride-hail drivers particularly exposed to the health dangers of COVID-19. While apps answered our call to curb the spread of the virus by suspending their “pool” feature and expanding sick pay, these individual efforts do not go far enough in ensuring the safety and financial well-being of the thousands of drivers working today.
“Ride-hail drivers were already struggling to stay afloat and dealing with widespread financial instability,” says Brendan Sexton, Executive Director of Independent Drivers Guild, a Machinists Union affiliate which represents and advocates for more than 200,000 drivers in NY, NJ, and CT. “They are especially vulnerable now during this pandemic. Drivers are continuing to put themselves at risk to provide an essential service and are not being treated with the dignity and respect they deserve. We are calling for emergency unemployment compensation to provide relief to drivers and other “gig” workers, as well as an increase in testing to keep drivers safe. If we want an economy that can recover for all, we can’t afford to ignore the needs of those working in the gig economy.”
Here is a summary of our Coronavirus response efforts. This is not all inclusive.
-CORONAVIRUS VIRTUAL CRISIS RESPONSE TEAM and 24/7 HOTLINE – We have a multilingual team running our crisis response hotline for our members, including trained driver volunteers and 5 licensed social workers. We are fielding hundreds of calls from drivers seeking assistance during this crisis. Our team speaks 8 languages. We also had two webinars with drivers, walking through resources to deal with this crisis as well as our crisis response, including:
Accessing drivers free telemedicine
Protecting Your Health
Paid Sick Days
General Health Recommendations
Organizing for Relief
Organizing for Relief + Volunteering to Help
Protecting Your Financial Stability
Dealing with Expenses
Solidarity and Support (Including free crisis counseling with licensed counselor)
– EXPANDED SICK PAY: We pushed both Uber and Lyft to drop the requirement of a positive COVID-19 test to get sick pay so that drivers who are sick or who are at risk can get paid to stay home and self-isolate based on a note from a licensed medical professional.
– DRIVER CRISIS OUTREACH AND GETTING AT RISK AND SICK DRIVERS OFF THE ROAD: We are doing outreach to drivers to check in on their health and wellbeing and offering assistance in many areas of need. We have been phonebanking our members starting with drivers over the age of 60, urging those at high risk to protect their health and use the expanded sick pay policy we won, guiding them through the steps to get a doctor’s note and apply for compensation with the app companies.
We also have an online intake form for drivers needing assistance and will dispatch a call back.
-FREE TELEMEDICINE: New York’s ride-hail drivers are the only Uber and Lyft drivers in the nation with free telemedicine benefits because IDG spent years researching, organizing and advocating to win them through the state’s Black Car Fund (workers comp fund). We won those benefits about a year and a half ago and as a result, amid this crisis 120,000 NY ride hail and black car drivers can be seen by a doctor through the same smart phone they need for work anyway. We urged the city, the apps and the Black Car Fund to raise awareness of this critical free benefit and they have agreed to do so, including a paid ad campaign by the Black Car Fund. We have offered to help the City expand this program to livery and taxi drivers and we are urging CT and NJ governments to fund expansion of the benefit to cover drivers in those states.
– ENDING POOL RIDES: We led the call for the apps to end pool rides or New York City to ban them in order to protect the health of drivers, riders and our communities. Uber agreed to drop pool rides, then Lyft followed suit and the mayor issued a ban. Uber has now halted pool rides globally.
-MEALS ON WHEELS VOLUNTEERS: Without enough work to go around, we organized IDG members (Uber and Lyft drivers) to volunteer making home deliveries to the elderly and vulnerable with various Meals on Wheels organizations, like Encore Community Service. We raised money on GoFundMe to compensate drivers for their expenses. We reached out to the city, state and many organizations for connecting drivers with meeting emerging needs as well as exploring opportunities for drivers to be compensated for doing this critical work. This week the city announced it would scale up this effort.
-NEGOTIATING WITH LEASING COMPANIES, BANKS AND INSURERS: We have extracted commitments from a couple of the big leasing companies, we are negotiating with banks and insurers, we are talking with state lawmakers and city and state regulators about solutions to these high recurring expenses for drivers. On an individual level our crisis hotline is connecting drivers with those who can support them in their individual negotiations with creditors. We are also having discussions with financial and credit institutions re: access to credit and lending.
– EMERGENCY RELIEF: Macro: We are pursuing emergency relief at the city, state and federal level, including unemployment compensation for gig workers, universal basic income, paid leave and the issues raised above. Micro: If drivers qualify we are helping them sign up for SNAP benefits, free or lower cost subsidized health insurance, connecting with open food banks, financial counseling etc.
– RUNNING WATER RESTROOMS: after a years long campaign and years of research we won running water restrooms at the airport ride hail lots for the very first time starting this past fall at EWR, LGA, JFK. These desperately needed handwashing stations could not have come at a more critical time for protecting drivers, riders and the community. We are calling on the City to allow FHV to park…
IDG is a Machinists Union affiliate which represents and advocates for more than 200,000 drivers in NY, NJ, and CT
Ride-Hail Apps are Putting NYC At Risk By Failing to Promote Driver Screenings and Provide Answers on Driver Sick Pay
Uber, Lyft Drivers Call for City, Apps to Promote COVID-19 Screening for Drivers, Demand Answers on Sick Pay
New York, NY — In light of the federal government’s failure to stop the spread of COVID-19, the Independent Drivers Guild is calling for New York City and ride-hail apps Uber, Lyft and Via to promote free telemedicine screenings for New York drivers. The IDG is also demanding answers on the sick pay the apps have promised.
“The best-intentioned traveler with COVID-19 must get home to self-quarantine. But first, they need to get home, and Uber, Lyft and Via drivers are the way they often do that. We know drivers will get sick, Uber, Lyft and Via must work with us to ensure these drivers have the ability to stay home,” said Brendan Sexton, Executive Director of Independent Drivers Guild.
The Center for Disease Control has recommended telemedicine amid the COVID-19 pandemic as a way to screen patients without putting others at risk. The Independent Drivers Guild advocated for and won a free telemedicine benefit for New York’s ride-hail and black car drivers in 2018 through the state’s Black Car Fund. However, Uber, Lyft, and Via have thus far failed to include an in-app button for drivers to access this critical benefit and they all must do more to promote screenings. Via has failed to promote the free telemedicine screenings at all despite the fact that their drivers may be most at risk because their trips are largely pooled rides, often packing six riders in a van.
Uber, Lyft and Via have all promised compensation for drivers who become infected with COVID-19 or are directed to quarantine, but they have provided no path to that compensation. IDG has built that path, but we need Uber, Lyft, and Via as partners. We also need Uber, Lyft and Via to provide detail on their sick pay plans, like how to submit a doctor’s order to self-quarantine, how to receive compensation and how much drivers will be paid.
The Independent Drivers Guild is also urging the city’s Taxi and Limousine Commission to promote the free telemedicine screenings to drivers as well as providing handwashing stations with parking for TLC drivers and establishing a written policy that TLC drivers will not be billed for visiting city hospitals and clinics for visits concerning COVID-19 symptoms, consistent with recent remarks that those who cannot afford testing can be tested for free. The Guild met with the TLC on these issues last week and followed up with a memo to the city and app companies earlier this week.
The Independent Drivers Guild takes the health of professional drivers seriously and the Guild’s organizing wins are helping in the fight to stop the spread of COVID-19. In addition to the telemedicine benefit, the IDG successfully advocated for and secured running water restrooms for ride-hail drivers at JFK, La Guardia and Newark airports for the very first time beginning this past fall, providing critically needed handwashing facilities. The IDG also advocated for and secured free flu shots for New York’s ride-hail and black car drivers, with this being the second year providing free inoculations. Now with the spread of COVID-19, the IDG is working again to protect the health of drivers, riders and the community. Media Contact: firstname.lastname@example.org
Albany, NY — The Independent Drivers Guild (IDG), which advocates for more than 80,000 ride-hail drivers in New York, is calling for New York legislators to pass right to bargain legislation in testimony before the New York State Assembly Standing Committee on Labor today.
The Drivers Guild called for New York State leaders to give drivers the right to collective and sectoral bargaining at a State Senate hearing in October and this week, New York State Senator Savino, who convened the hearing, announced that she will introduce legislation in January that will give drivers the right to bargain.
“We would like to thank the Committee for holding a public hearing on key issues we are facing in a new era of work in America and New York State. New York has always been a labor leader, and today, we have an opportunity to make real change and give 120,000 drivers in New York State a real voice, real power and a real chance at attaining collective bargaining rights. None of that can happen in the current state or with the current labor laws at the federal level,” said Sexton. “Today, too many workers have no voice. As the rich get richer, workers wages remain stagnant. We are calling on New York State to pass legislation giving ride-hail drivers the right to unionize with collective sectoral bargaining agreements. If New York passes a right to bargain law, we will be blazing a trail for growing our unionized workforce and the largest organizing gains in the history of New York State.”
The Independent Drivers Guild successfully organized to win the nation’s first minimum pay rate protection for New York City’s app-based drivers (at $27.86 per hour) as well as landmark benefits and a law requiring Uber to offer a tipping option in the app. The Guild’s organizing wins have put over $1 billion in drivers’ pockets. However, ride-hail companies continue to dramatically change the terms of drivers’ working conditions at any time and only collective or sectoral bargaining rights will empower drivers to finally end this exploitation.
“We want a bargaining agreement that lets us work when we want and would stop the apps from making massive unilateral changes to our livelihoods,” added Aziz Bah, a driver for Uber and Lyft who is also an IDG organizer.
Media contact: email@example.com
Guild Warns a State Reclassification Bill Would Leave Drivers Unable to Unionize
New York, NY — The Independent Drivers Guild, which represents and advocates for New York’s ride-hail drivers, is calling for New York State to pass legislation giving drivers the right to fully unionize with collective and sectoral bargaining rights.
The Drivers Guild, a Machinists Union affiliate, successfully organized to win the nation’s first minimum pay rate protection for New York’s app-based drivers as well as landmark benefits and a law requiring Uber to offer a tipping option in the app. The Guild’s organizing wins have put over $1 billion in drivers’ pockets. However, ride-hail companies continue to dramatically change the terms of drivers’ working conditions at any time and only collective or sectoral bargaining rights will empower drivers to finally end this exploitation.
“Our labor laws are broken and New York must act to give workers an easier path to representation. If New York passes a right to bargain law, we will be blazing a trail for growing our unionized workforce with the largest organizing gains in decades. We can empower 120,000 ride-hail drivers to get the representation they so desperately want. Only by empowering workers to forge their own agenda can we truly ensure that workers are treated fairly,” said IDG Executive Director and longtime labor organizer Brendan Sexton. Read Sexton’s prepared testimony here:
“The Trump National Labor Relations Board ruled that Uber drivers are not employees eligible to unionize under federal law. A state law reclassifying drivers as employees would not reverse that and would leave drivers in a strange legal purgatory, unable to unionize and with legal challenges continuing to stretch on for years,” said Sexton. “Our members can’t wait years, our members are struggling right now. New York has an opportunity to give drivers the right to unionize right now and we urge you to be bold and do just that. Don’t stick drivers in a legal purgatory, give us the right to collective bargaining. Let us unionize. We in New York State can be the game changer to allow workers to organize in a real meaningful way. This is a chance for New York to live up to its pro-union reputation.”
“New York State and the Machinists Union helped drivers gain workers’ compensation through the Black Car Fund two decades ago and we are proud to have expanded those benefits. However there are many issues that gig workers face that cannot be resolved through a fund and it’s time for New York to act again, this time giving drivers the right to unionize,” added Sexton. “We applaud the New York State AFL-CIO and their efforts to help New York State workers unionize with collective and sectoral bargaining agreements. We will work and support them in building a more robust labor movement that includes more workers, include an easier path to representation and collective bargaining.”
Union membership has dropped to a record low in the United States, with just six percent of private sector workers represented by a union. At the same time over 85 percent of workers want to belong to a Union and according to a poll done by Greenberg Quinlan Rosner Research among New York’s ride-hail drivers that figure is even higher with 95 percent of drivers desiring representation. This disconnect is because federal labor laws are failing workers and the Trump administration’s National Labor Relations Board is only seeking to make it harder for workers to get the representation they seek.
In May, the Trump National Labor Relations Board released its ruling that Uber drivers are independent contractors, not employees, under the National Labor Relations Act. This means ride-hail drivers cannot organize in a union under federal law. The ruling left open the possibility for states to fill in the void with these workers and create a path to organize in a real meaningful way.
Media contact: firstname.lastname@example.org
Independent Drivers Guild Led Massive Protest Caravan Over Brooklyn Bridge, Up to Gracie Mansion, and to Uber Headquarters
New York, NY — On Tuesday morning thousands of Uber and Lyft drivers with the Independent Drivers Guild led a slow vehicle procession over the Brooklyn Bridge and up to Gracie Mansion to call for the Mayor and City Council’s help in response to new app changes from Uber and Lyft in New York City that will harm drivers’ ability to make a living. Drivers who were able to park did so and rallied outside Gracie mansion. The caravan then continued on to Uber Headquarters in Manhattan where many drivers parked and protested outside the Uber office and others circled the block honking.
Approximately 6,000 drivers participated in the action which slowed rush hour traffic to a near stand still in a procession that stretched across the city at times covering the full length from the Brooklyn Bridge up FDR Drive to Gracie Mansion.
Starting on Tuesday Uber launched new policies to kick drivers off the apps between trips and in areas of lower demand in order to avoid paying drivers as required by New York City’s pay regulations. Lyft enacted a similar policy earlier this summer to protests from the Drivers Guild. The New York City Taxi and Limousine Commission has failed to take action, so the Drivers Guild is calling for the Mayor and City Council to stop the apps from violating the pay rules in an attempt to scam drivers out of fair pay and top pass a Drivers’ Bill of Rights. The Guild, a Machinists Union affiliate representing and advocating for New York’s 80,000 app-based drivers, led a two year campaign to win the nation’s first minimum pay rate for Uber and Lyft drivers. Rules which the apps are now violating.
“Uber and Lyft are flouting New York City’s driver pay rules to avoid paying drivers what they have earned and the city’s Taxi and Limousine Commission has done nothing to stop them. Today drivers are saying: We will not be ignored. We are calling on the Mayor and City Council to step in and help us fight back against the app companies. More than 1,000 Uber and Lyft drivers logged off the apps to take part in a procession over the Brooklyn Bridge and through Manhattan to Gracie Mansion today to protest the app companies and demand action from the city,” said Brendan Sexton, Executive Director of the IDG, a Machinists Union affiliate which represents and advocates for more than 80,000 app based drivers in NYC. “For months we warned that if the city failed to take enforcement action against Lyft for violating the pay rules, that the other apps would follow suit and drivers’ pay would suffer. Already thousands of drivers are struggling to pay their bills because Lyft is blocking them from the app. Now with Uber following suit more than 80,000 New York City families will pay the price if the city refuses to stand up for drivers and crackdown on the app companies.”
Council Member Brad Lander who sponsored the law requiring a minimum pay rate for Uber and Lyft drivers has also spoken out against the app companies’ actions and voiced his support for the drivers today.
“Kicking drivers off the app between rides and controlling where and when drivers can work directly undermines Uber and Lyft’s pretense of employing independent contractors who set their own hours. Far from providing flexible work schedules and a solution to transit deserts, Uber and Lyft are forcing drivers to avoid serving low-income outer boroughs and limiting their ability to make a living wage, in violation of the spirit of NYC Council’s ground-breaking legislation to guarantee for-hire drivers a minimum hourly wage. These are the same companies that have been arguing that they don’t control their drivers’ work and it isn’t central to their business model. Uber and Lyft can’t have it both ways. Either recognize drivers as employees entitled to minimum wage, overtime pay, health insurance and all the rights that entails, or follow the law we passed to ensure that drivers make a fair wage,” said Councilmember Brad Lander.
Today’s protest shows growing driver anger at the app companies and the city’s failure to protect driver pay. Just last week more than 100 IDG members gathered at CIty Hall to call for the city to abolish the TLC due to its failure to stand up for drivers, including on this issue of enforcing the pay rules. The Guild also called for the city to pass a Drivers’ Bill of Rights, which specifically included blocking apps from trying to get around the pay rules.
For months Lyft has been kicking New York City drivers off the app to avoid paying them and the Independent Drivers Guild has been calling on the city to take aggressive enforcement action, warning that without enforcement other apps may follow suit. On Friday, just days after more than 100 IDG members rallied at City Hall calling for action, Uber announced in an email to drivers that it would indeed begin the same practice to flout the city’s pay rules on Tuesday.
In June, the Guild wrote a letter to the City’s Taxi and Limousine Commission calling for enforcement on this issue and drivers testified to this issue in July calling attention to the fact that Lyft was using this policy to further enrich the company by giving preferential access to drivers who pay them upwards of $400 per week to rent a vehicle from Lyft’s Express Drive program. However, the city’s Taxi and Limousine Commission failed to act and failed to include any further regulatory guidance during its summer rulemaking, despite having the clear opportunity to do so.
Uber plans to follow Lyft’s lead in grappling with city rules and lock drivers out of its app at times and places with low demand.
Starting Tuesday, Uber will lock drivers out of its platform at times and locations that few riders are requesting trips, according the company, which emailed its Big Apple drivers about the change Friday afternoon.
Uber is following Lyft’s lead in controlling its supply of cars in response to the Taxi and Limousine Commission’s rules setting a pay floor for drivers based on how much time they spend carrying passengers. Both companies blame the city for forcing them to limit when drivers work.
“Time and again we’ve seen Mayor (Bill) de Blasio’s TLC pass arbitrary and politically-driven rules that have unintended consequences for drivers and riders — despite objections from City Councilmembers, transportation experts, editorial boards and community groups,” Uber spokesperson Harry Hartfield said in a statement.
Uber’s new limits are similar to a scheme that Lyft implemented over the summer. Drivers who try to open their app when and where demand is lagging will be told that they are unable to drive, the company says.
Those who use wheelchair-accessible vehicles will be exempt from the restrictions, as will those with the top status in Uber’s driver rewards program, the company said.
A map showing where demand is the highest will allow drivers to travel to other parts of the city to have a better shot of getting work, Uber says. Drivers will also be offered a time slot when they will be guaranteed the ability to log on — a feature that Uber says distinguishes its system from Lyft’s.
Uber says it was forced to make the change because its platform was flooded with drivers who opened its app after being shut out of Lyft’s. That hurt its utilization rate, the measure of how much time drivers spend actually carrying passengers that serves as the basis for the city’s minimum pay rules, Uber said. The rules aim to ensure that drivers make $17.22 an hour after expenses.
Uber’s change will further harm drivers’ ability to make money in a notoriously difficult industry, according to Corona Uber driver Aziz Bah.
Bah used to drive for both Uber and Lyft but stopped working for the latter after the demand restrictions repeatedly locked him out of the app, he said. Now his Lyft income of $500 to $600 a week is gone and his Uber earnings have dropped because of the glut of drivers on that platform, Bah said.
Limiting when drivers can work also compromises the flexibility that drew many of them into the industry, said Bah, who is also a steward for the Independent Drivers Guild, a labor group for app-based drivers. The guild raised concerns about Lyft’s restrictions in a June letter to the TLC.
“Some people quit their nine-to-five jobs in order to have this flexibility that the industry gave them,” Bah said. “… All of a sudden it’s being taken away.”
Both Uber and Lyft argue that the restrictions are a result of the TLC’s rules, which Lyft unsuccessfully sued over earlier this year.
Acting TLC Commissioner Bill Heinzen defended the agency’s first-in-the-nation regulations, which came amid a landmark freeze on most new for-hire vehicles.
The firms spent years flooding the city’s streets with cars and should keep in mind that “drivers are crucial to their continued success,” Heinzen said.
“Until we took needed action last year, it has been Uber and Lyft’s business model to oversaturate the market while promising drivers that they could succeed despite these companies’ stacking the deck against them,” Heinzen said in a statement. “TLC and City Council put in place smart policies to address the problems these companies created, and they are finally being forced to experiment with ways to run their businesses in an environment of accountability.”
City Failed to Block Uber and Lyft From Flouting Pay Rules As Called for By Drivers Guild
New York, NY — Today, Uber announced the company would start manipulating access to its app for New York City drivers, in a move that violates the intent of the city’s pay rules, including blocking access to the app for some drivers and requiring them to drive to areas with more demand in order to log on. The company announced this new policy in an email to drivers today and claimed it was in response to the city’s TLC regulations and “the response from other companies, such as Lyft.” The move follows similar action by Lyft and months of complaints from the Independent Drivers Guild calling for the city’s Taxi and Limousine Commission to take enforcement action to block such actions as violations of the city’s pay rules. The app company actions are expected to reduce pay by failing to track all of the drivers’ working time and reducing opportunities to work as well as limiting the ability of drivers to decide where and when to work.
“The app companies are stomping all over the city’s rules and the Taxi and Limousine Commission is doing nothing to stop them. This is exactly what we told the TLC would happen,” said Brendan Sexton, Executive Director of the IDG, a Machinists Union affiliate which represents and advocates for more than 80k app based drivers in NYC. “For months we warned that if the city failed to take enforcement action against Lyft for flouting the spirit of the pay rules, that the other apps would follow suit and drivers’ pay would suffer. Already thousands of drivers are struggling to pay their bills because Lyft is blocking them from the app. Now 80,000 New York City families will pay the price because the TLC refused to stand up for drivers and crackdown on the app companies.”
Over 100 IDG members gathered at City Hall earlier this week to call for the city to abolish the TLC due to its failure to stand up for drivers, including on this issue of enforcing the pay rules. The Guild also called for a Drivers’ Bill of Rights this week, which specifically included blocking apps from trying to get around the pay rules. IDG specifically called for TLC enforcement action for months to prevent this from happening, starting with a letter in June: https://drivingguild.org/2019/06/21/letter-to-tlc/ . IDG also testified about this issue at a TLC hearing in July, calling attention to the fact that Lyft was using this policy to further enrich the company by giving preferential access to drivers who pay them upwards of $400 per week to rent a vehicle from Lyft’s Express Drive program. IDG also testified on this at a City Hall rally and City Council hearing this week, including testimony and screenshots from IDG member and Lyft driver Tina Raveneau, showing that she was blocked from the Lyft app for all but a four hour shift 5am-9pm Monday through Thursday, a shift that does not even work for her as a single mother of a school-aged child. The TLC failed to act and failed to include any further regulatory guidance during its summer rulemaking, despite having the clear opportunity to do so.
In the Commission’s statement of basis and purpose for the pay rules, it clearly states that these rules establish a minimum per-trip payment formula that takes into account “drivers’ total working time, both time spent driving passengers as well as time waiting for a dispatch and then traveling to pick up passengers.” Drivers are paid by mile and minute rates which are determined using a utilization rate which works as a multiplier so that drivers are compensated for the minutes and miles with and without a rider in the vehicle.
If an app company simply stops counting the miles and minutes when a driver is waiting for dispatch or traveling to their next pick up location by logging drivers out of the app, the company is not making dispatch more efficient. The drivers are still driving those miles and waiting those minutes. But now those miles and minutes are not accounted for in the pay formula, so driver pay rates go down. If all of the drivers’ miles and minutes are not counted toward the utilization rate, it means drivers aren’t getting paid for those miles and minutes.
Given the competitive, race to the bottom nature of the high volume app-based for-hire vehicle services, we urge the Commission to take swift action to stop Lyft and any other app companies tempted to follow suit from enacting policies that manipulate access to the app in a way that would obscure and fail to account for the “drivers’ total working time, both time spent driving passengers as well as time waiting for a dispatch and then traveling to pick up passengers.”
Furthermore, we call on the commission and city leaders to switch the power dynamic that enables app companies to manipulate thousands of hard working drivers in our city. By limiting new TLC drivers’ licenses instead of limiting vehicles, the city can empower the more than 70,000 New Yorkers who drive for-hire vehicles for a living. Instead of having app companies kick excess drivers off their apps, companies would have to compete for workers with better pay or policies. Amending the cap policy in this way would also give workers the option of ownership rather than being beholden to predatory leasing companies.
The Independent Drivers Guild, a Machinists Union affiliate, petitioned for and won the nation’s first minimum wage for Uber and Lyft drivers in NYC. IDG represents and advocates for more than 80,000 for-hire vehicle drivers in NYC.
Independent Drivers Guild Calls for Drivers’ Bill of Rights and to Abolish the Failing TLC
Uber/Lyft Drivers Protest TLC Failures, Inaction on Abuses and Pay Shortfall
New York, NY — Uber and Lyft Drivers with the Independent Drivers Guild rallied at City Hall this morning to call for a Drivers Bill of Rights ahead of a City Council oversight hearing regarding the Taxi and Limousine Commission (TLC). Citing the Commission’s failure to protect the livelihoods of thousands of for-hire vehicle drivers, the Drivers Guild called on the city to abolish the TLC and create a new modern agency with more City Council oversight. City Council Transportation Chair Ydanis Rodriguez and Council Member Rafael L. Espinal Jr. joined the Guild for the rally for drivers rights and called for reorganization of the TLC.
“Drivers are dying, families are going bankrupt. How many lives must be destroyed, how many drivers must we lose to suicide before we see change? It’s time for reform, tear down the failing Taxi and Limousine Commission and start over. Today we are calling for the TLC to be abolished,” said Independent Drivers Guild Executive Director Brendan Sexton. “Make no mistake about it, this is an emergency.The TLC failed to act in a timely manner on the taxi medallion crisis and now they are failing to act with regard to the app-based industry. As the TLC turns Uber and Lyft into another failed medallion system, tens of thousands of families across our city are already paying the price.”
The Drivers Guild led a years long campaign to win landmark minimum wage pay rules for app-based drivers in New York City, but pay and enforcement are falling short. The city rules were supposed to increase pay for 80,000 drivers by $10,000 per year but the city’s own data says pay is falling $4,000 short of the minimum wage target.
New TLC rules further threaten app-based drivers’ livelihoods, including rules to ban rooftop ads for for-hire vehicles which could raise wages by $3,600 per year and extending the vehicle cap, which has left thousands of drivers stuck saying paying more to rent a vehicle than it would cost to own. IDG has long called for limits on new drivers rather than capping vehicles. Limiting drivers makes the workers more valuable to companies and apps would be forced to compete with better pay and working conditions. Limiting vehicles increases expenses by thousands of dollars per year for thousands of low income drivers.
The Guild called for the City Council to step in and protect drivers with a drivers’ bill of rights.
Drivers Guild Calls for Drivers Bill of Rights. Read the Drivers’ Bill of Rights here.