Çeeks after Proposition 22 went into effect in California and exempted some of the leading technology companies from fully complying with labor laws, workers in sharing and delivery applications in the state claim that poor working conditions persisted and wages declined.
Drivers and labor groups opposed Proposition 22, saying it would allow companies to circumvent their obligations to provide workers with standard benefits and minimum wages, even when they earn billions of dollars. But the measure passed the ballot box.
“It’s clear that once Proposition 22 was approved, it was a hunting season to start cutting my salary again,” said Peter Young, a four-year hitchhiker in Los Angeles. “I’m looking for another job. I cannot continue doing this with this payment. I’m delivering food now. Everyone is ordering food online, so there is demand. Is that what they are choosing to pay me is no longer reliable and is getting lower. “
When the coronavirus pandemic started, Young changed his shared direction to rely on food delivery apps like Uber Eats, Grubhub and Uber-owned Postmates. After Proposal 22 was approved, he claimed that the incentives offered to drivers before the Proposal 22 vote disappeared, and he suffered cuts in his base salary amid unreliable fluctuations.
“If you try to make money, just with the delivery fee, it costs about $ 5 an hour. A good day for me might be earning $ 100 before gas and eight-hour expenses, ”said Young.
The minimum wage in California was $ 14 an hour in January 2021 and $ 13 an hour for employers with fewer than 25 employees.
Ben Valdez worked part-time as an Uber driver in Los Angeles for five years and continued during the pandemic. He works two to three days a week, 12 to 15 hours a day and, on average, earns about $ 150 a day before expenses, but the pay continues to vary widely.
“I had maybe three or four nights where I literally made $ 4,” he said.
During the pandemic, Valdez paid for things like face masks and other personal protective equipment with his own pocket and built his own protective partition in his vehicle with a shower curtain.
“I was under the impression that I would receive an additional 30 cents per mile after Prop 22,” said Valdez, but he did not receive that extra compensation because, according to Uber metrics, his payment exceeds the 120 percent salary calculation Minimum.
A study by labor economists at the University of California, Berkeley, in October 2019, found that Prop 22 guarantees a minimum wage of $ 5.64 per hour, since only occupation time is counted in wage calculations.
“Many drivers were tricked because they expected to magically qualify for the benefits that companies made it look like they were going to pay upfront and that drivers would receive reimbursement for their mileage,” said Valdez. “They also made drivers believe that if Prop 22 was not approved, Uber and Lyft would leave the state of California because they could not pay drivers as employees.”
In November, California voters approved Proposition 22, with 58.63% of voters in favor of the amendment to exempt application-based concert workers from California Assembly bill 5, which granted concert workers the rights employees, such as unemployment insurance, health insurance, minimum wage and collective bargaining. Uber, Lyft and other show companies refused to comply with AB5 and threatened to shut down operations in the state of California if forced to do so.
Prop 22, authored by Uber, Lyft, Instacart and DoorDash, went into effect in mid-December 2020 after an aggressive $ 200 million public relations campaign launched by companies. Companies spent more than Proposal 22 opponents by 10 to one, making it the most expensive electoral measure in California history.
Disputes over Proposition 22 continue after its approval.
Shortly after approval, several concert apps announced that rates for customers in California would increase to cover the cost of Prop 22 driver benefits, after several apps stated that prices would go up if Prop 22 was not approved.
The California Fair Political Practices Commission recently proposed a $ 3,371 fine against Lyft for misleading and improperly labeled campaign ads in support of Proposition 22.
A class action was authorized to proceed against Uber, brought by 4,800 drivers demanding late payments and benefits, as the timeshare company refused to comply with AB5 before the approval of Prop 22. On February 10, the Supreme Court The California Court refused to review a lower court decision against Uber and Lyft about classifying their drivers as employees before Proposal 22 was approved.
Shared travel drivers and Service Employees International Union filed a lawsuit alleging that Proposition 22 is unconstitutional because it prevents the California legislature from providing workers with labor compensation for applications.
One of the drivers who filed the lawsuit, Saori Okawa, worked as a full-time Uber driver in San Francisco for a year and also worked for Instacart and DoorDash when the coronavirus pandemic appeared.
“Prop 22 didn’t do any better because companies still don’t take into account waiting time and driving time to stores, so the guarantee of 120% of the minimum wage is fraudulent,” said Okawa.
She pays about $ 180 a week to rent a car through Uber’s partnership with Avis and spends about $ 90 on gas a week. She works five to six days a week, from 7:30 am to 6 pm. She claimed that the show companies changed the base salary without giving a reason and she has not yet received the proper personal protective equipment while working during the pandemic, or made up for the time she spent daily disinfecting her vehicle and herself.
“I am scared and pray that I won’t get the coronavirus, because that means going out of work for weeks without any financial support,” said Okawa.
A spokesman for DoorDash said in an email: “We are proud that DoorDash offers flexible earning opportunities for Dashers to supplement their income, and Prop 22 demonstrates that we can combine the independence that Dashers want with even greater security. Following the implementation of Proposal 22, Dashers in San Francisco are earning more than $ 39 an hour in one delivery and, for the first time, Dashers can make money on health insurance under this innovative legislation. “
The spokesman also said that 90% of workers at DoorDash work less than 10 hours a week on the app and, on average, doshers deliver less than four hours a week.
A spokesman for Grubhub said: “The new benefits of Prop 22 include earnings guarantees, health benefits and new insurance protections. Overall, Prop 22 guarantees benefits for Grubhub drivers while protecting the flexibility they value. With respect to earnings specifically, drivers in California now have more stability, with guaranteed earnings based on 120% of the local minimum wage and total active delivery time. “
Uber, Postmates and Instacart have not responded to several requests for comment on this story.