Jon Weinberg is a student at Harvard Law School.
This post is part of an ongoing series on labor and the gig economy.
Uber may soon increase the control it has over its drivers. The Guardian reports that, in a pilot program, Uber is using smartphone sensors to track whether drivers accelerate and break too quickly. The company also said it is considering other experiments to influence driver and passenger behavior.
The federal government will soon begin tracking the number of workers participating in the gig economy. According to Forbes, the Bureau of Labor Statistics will revive the Contingent Worker Suppement in 2017. The data will help the government measure the size and impact of the gig economy. The announcement by Labor Secretary Tom Perez comes after Mark Warner authored a letter questioning the Labor Department’s ability to measure the gig economy, as reported by CBS News.
Uber’s buisness partners are taking its worker classification practices seriously. Per Bloomberg, Morgan Stanley identified Uber’s practice of classifying drivers as independent contractors as one of the company’s greatest risk factors impacting its valuation. Morgan Stanley cited the significant labor costs incurred by Uber defending classification suits, and noted that a determination that drivers must be classified as employees could increase costs sufficient to “have a material adverse effect on its ability to operate its business.”
In fact, lawsuits against Uber continue to move forward. According to The National Law Journal, the U.S. Judicial Panel on Multidistrict Litigation has scheduled a hearing for today to consider a move by a New York attorney to coordinate a dozen classification suits against Uber in a multidistrict litigation. Shannon Liss-Riordan, the attorney representing workers in the notable O’Connor suit set for a jury trial next year in California, filed a motion opposing coordination of her case. Meanwhile, The Recorder notes that Liss-Riordan recently filed a suit on behalf of 78 drivers excluded from the O’Connor class action.
Uber has settled at least one dispute with a driver. Business Insider reports that Uber reached a settlement with a driver who filed a complaint with the California Labor Commission for commissions earned, unauthorized deductions and reimbsable expenses totalling $15,018.30. As part of the settlement, Uber paid the full amount claimed but did not admit wrongdoing.
In commentary, Max Rivlin-Nader writes in The New Republic that the gig economy could prove to be ripe for organized labor. Also, recently on OnLabor, Harold covered a new classification suit by Uber driver in Philadelphia, Sophie noted Uber’s investment in research into self-driving costs, and Abbey highlighted a story on the increasing number of senior citizen Uber drivers.
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November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.
November 20
Law professors file brief in Slaughter; New York appeals court hears arguments about blog post firing; Senate committee delays consideration of NLRB nominee.
November 19
A federal judge blocks the Trump administration’s efforts to cancel the collective bargaining rights of workers at the U.S. Agency for Global Media; Representative Jared Golden secures 218 signatures for a bill that would repeal a Trump administration executive order stripping federal workers of their collective bargaining rights; and Dallas residents sue the City of Dallas in hopes of declaring hundreds of ordinances that ban bias against LGBTQ+ individuals void.
November 18
A federal judge pressed DOJ lawyers to define “illegal” DEI programs; Peco Foods prevails in ERISA challenge over 401(k) forfeitures; D.C. court restores collective bargaining rights for Voice of America workers; Rep. Jared Golden secures House vote on restoring federal workers' union rights.
November 17
Justices receive petition to resolve FLSA circuit split, vaccine religious discrimination plaintiffs lose ground, and NJ sues Amazon over misclassification.