UBER/LYFT DRIVERS UNEMPLOYMENT RIGHTS CAMPAIGN!

NYTWA Uber and Lyft members MD Islam, Doh Ouattara, Abdul Rumon, and Harnek Singh and NYTWA sued Governor Cuomo, NYS Labor Commissioner Roberta Reardon, and the Department of Labor in federal court for failing to pay Uber and Lyft drivers under regular unemployment even though the state found Uber drivers to be employees under NYS Unemployment Law in 2018 in a case involving three of our members.  Drivers in both the 2016-2018 and 2020 cases are represented by Legal Services and NYTWA. 

We have also filed a "Preliminary Injunction" asking the federal court to take immediate action to:

  • Require the Dept of Labor to require Uber, Lyft and the other companies to give earnings data so drivers' applications can be processed immediately, or set up a way for drivers to provide the earnings statements for the Dept of Labor to process immediately. 

  • Require the Dept of Labor to follow the law and process Uber drivers under regular unemployment  

In the epicenter of the pandemic, drivers should have had to file one application and wait at most three weeks to start receiving a payment.  Instead, they had to file two applications, fax pay statements, wait up to 10 weeks for the first payment, file an appeal, and still wait for their full benefits under state unemployment which pays workers a rate based on gross pay, rather than the federal pandemic unemployment for self-employed which pays a rate based on net income.  That means Uber and Lyft drivers are getting $182 per week instead of $504 they are entitled to under the law.  

As a result of not receiving unemployment benefits, many app-based drivers are not able to afford car insurance, car payments, and cell phone bills.  Keeping up with these bills is a necessity, not a luxury, for app-based workers because without insurance, a car, and a cell phone, an app-based driver cannot return to work.  Of the 919 drivers who completed an Assistance Request Form, 211 missed a car insurance payment, 160 a car payment, and 223 missed a cell phone payment. 

Drivers who default on car payments may have their vehicles repossessed, see their credit destroyed, and find themselves subject to higher financing rates if they try to purchase another work vehicle in the future. 

In addition to food and expenses related to being able to obtain future work, drivers also cannot afford to pay rent or other bills because they have not received unemployment insurance benefits.

In the middle of a global pandemic, in the epicenter of the pandemic, Uber and Lyft held up life-savings benefits for the workers that made them their fortunes.  Our Governor let them.  So we sued.  

  • Law360 on July 2nd Preliminary Injunction hearing:  https://bit.ly/2NYHpnk

  • NYTWA and Legal Services press conference on why we sued:  https://bit.ly/38EqYX7

  • Link to our court papers:  https://bit.ly/2D3iM6K

  • NYT story on our filing:  https://nyti.ms/38uNHEP

  • Our members’ petition calling on UBER CEO to stop blocking unemployment:  https://bit.ly/2YZDVrb

  • NYTWA letter to Uber CEO telling him to get out of drivers’ way:  https://bit.ly/3iypqCv

Below are some of the comments drivers made on why they signed the petition, and why they are calling on Uber stop standing in the way of the benefits they need to put food on the table: 

 *Uber is the only source of my household income to feed 4 including me. [T]his pandemic stopped me [from working] since March... It's hard to pay rent, car mortgage, insurance & household expenses. We need unemployment benefits as soon as possible."

-Tsering L D.

 "I am sitting home without help. [I] can't pay my rent bills. [U]ber, send the data to [the government] so I can get some help from unemployment benefits."

-Sarfraz A.

 "I drive for uber. My husband has COPD. I'm only able to do a couple food deliveries a day. [because] I fear I will be exposed and get my husband sick."

- Amy D.

 "We.. driver [are all] at home today not able to work [because of] the dangerous situation. New York State laws to give us unemployment but... Uber is not helping us."

- Shoeb H.

 "Because I and all Uber Driver[s] are unemploy[ed] [because of] the coronavirus... I need... money to survive and take care [of] my children, wife, and myself..."

- Nir M

 

New York Taxi Workers Alliance