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| Jobless Claims by Uber and Lyft Drivers Revive Fight Over Labor Status | Jobless Claims by Uber and Lyft Drivers Revive Fight Over Labor Status |
| (1 day later) | |
| California has been in a standoff with the ride-hailing companies Uber and Lyft over their drivers’ status under the law: whether they are contractors or employees. Now the coronavirus crisis has put a spotlight on a related question: Who is responsible for helping those drivers when there is no work? | California has been in a standoff with the ride-hailing companies Uber and Lyft over their drivers’ status under the law: whether they are contractors or employees. Now the coronavirus crisis has put a spotlight on a related question: Who is responsible for helping those drivers when there is no work? |
| The companies are urging their drivers nationwide to apply for emergency unemployment benefits that federal legislation established last month for the self-employed. But there’s a catch in California: The state doesn’t typically consider them self-employed. | The companies are urging their drivers nationwide to apply for emergency unemployment benefits that federal legislation established last month for the self-employed. But there’s a catch in California: The state doesn’t typically consider them self-employed. |
| Nonetheless, Gov. Gavin Newsom signed an executive order on Wednesday directing the state’s unemployment agency to help workers like Uber and Lyft drivers collect benefits under the federal program, known as Pandemic Unemployment Assistance. | Nonetheless, Gov. Gavin Newsom signed an executive order on Wednesday directing the state’s unemployment agency to help workers like Uber and Lyft drivers collect benefits under the federal program, known as Pandemic Unemployment Assistance. |
| That may put the state at odds with the rules of the federal program. U.S. Labor Department officials have emphasized that only workers ineligible for traditional unemployment benefits can receive the federal pandemic assistance. And under a state law passed last year and some previous determinations, the drivers are considered employees in California and should be able to draw traditional unemployment benefits. | That may put the state at odds with the rules of the federal program. U.S. Labor Department officials have emphasized that only workers ineligible for traditional unemployment benefits can receive the federal pandemic assistance. And under a state law passed last year and some previous determinations, the drivers are considered employees in California and should be able to draw traditional unemployment benefits. |
| Recourse to such assistance has been hampered, however, by the companies’ refusal to provide routine documentation to the state as they fight the law in court. | Recourse to such assistance has been hampered, however, by the companies’ refusal to provide routine documentation to the state as they fight the law in court. |
| The circumstances effectively forced the state to provide unemployment assistance to drivers that they may not be legally entitled to receive, employment experts said. | The circumstances effectively forced the state to provide unemployment assistance to drivers that they may not be legally entitled to receive, employment experts said. |
| “The states are caught in a hard place,” said Brian Chen, a lawyer who focuses on the rights of economically insecure workers at the National Employment Law Project, an advocacy group. “They’re trying to do the right thing. But this is what happens when ultrapowerful app companies with an army of well-paid lobbyists and lawyers are saying they’re going to fight to the bitter end against workers’ ability to demand rights under the law.” | “The states are caught in a hard place,” said Brian Chen, a lawyer who focuses on the rights of economically insecure workers at the National Employment Law Project, an advocacy group. “They’re trying to do the right thing. But this is what happens when ultrapowerful app companies with an army of well-paid lobbyists and lawyers are saying they’re going to fight to the bitter end against workers’ ability to demand rights under the law.” |
| The California labor secretary, Julie A. Su, said in an interview that she believed the state’s move to help drivers under the federal program was legal because the government had “emphasized flexibility” in administering the emergency aid. | The California labor secretary, Julie A. Su, said in an interview that she believed the state’s move to help drivers under the federal program was legal because the government had “emphasized flexibility” in administering the emergency aid. |
| The U.S. Labor Department did not provide comment for this article. | The U.S. Labor Department did not provide comment for this article. |
| Allowing drivers to receive the new federal benefits rather than traditional unemployment assistance could help gig-economy companies like Uber and Lyft avoid significant costs in the future. Employers in California and other states are required to contribute to state unemployment trust funds on behalf of employees who might claim benefits. | Allowing drivers to receive the new federal benefits rather than traditional unemployment assistance could help gig-economy companies like Uber and Lyft avoid significant costs in the future. Employers in California and other states are required to contribute to state unemployment trust funds on behalf of employees who might claim benefits. |
| While employers are not required to make contributions to fund pandemic-related claims, they will have to make contributions after the crisis. In effect, allowing the drivers to claim the federal benefit helps the companies avoid conceding that they are on the hook for funding state benefits. | While employers are not required to make contributions to fund pandemic-related claims, they will have to make contributions after the crisis. In effect, allowing the drivers to claim the federal benefit helps the companies avoid conceding that they are on the hook for funding state benefits. |
| An Uber spokesman said, “Congress fully funded Pandemic Unemployment Assistance for gig workers so that every state, many of which face historic deficits, could give these workers immediate financial support at no cost to their own funds.” | An Uber spokesman said, “Congress fully funded Pandemic Unemployment Assistance for gig workers so that every state, many of which face historic deficits, could give these workers immediate financial support at no cost to their own funds.” |
| Uber has also pointed out that the state’s recent law doesn’t make drivers eligible for unemployment benefits on its own. It creates a test that state agencies must apply before granting benefits, and which they have yet to do in many drivers’ cases. Most experts believe that drivers will be deemed employees under the test. | Uber has also pointed out that the state’s recent law doesn’t make drivers eligible for unemployment benefits on its own. It creates a test that state agencies must apply before granting benefits, and which they have yet to do in many drivers’ cases. Most experts believe that drivers will be deemed employees under the test. |
| Lyft declined to comment for this article. | Lyft declined to comment for this article. |
| California’s action appears to reflect a shift by state officials. Early this month, the state seemed to be trying to process benefits for Uber and Lyft drivers under the traditional unemployment system. On a website listing frequently asked questions by workers applying for benefits during the pandemic, it instructed gig workers to “list your gig employer as your last employer.” Workers who have employers would typically be eligible for traditional unemployment benefits and therefore ineligible for federal pandemic assistance for the self-employed. | California’s action appears to reflect a shift by state officials. Early this month, the state seemed to be trying to process benefits for Uber and Lyft drivers under the traditional unemployment system. On a website listing frequently asked questions by workers applying for benefits during the pandemic, it instructed gig workers to “list your gig employer as your last employer.” Workers who have employers would typically be eligible for traditional unemployment benefits and therefore ineligible for federal pandemic assistance for the self-employed. |
| Last week, Uber, Lyft and another gig company, DoorDash, sent an email to government officials asking the state agency overseeing unemployment insurance to remove that sentence from its website and to help gig workers apply for Pandemic Unemployment Assistance. | Last week, Uber, Lyft and another gig company, DoorDash, sent an email to government officials asking the state agency overseeing unemployment insurance to remove that sentence from its website and to help gig workers apply for Pandemic Unemployment Assistance. |
| “Many self-employed ride-share and delivery drivers intend to apply for loans and other federal relief available to independent contractors,” the companies wrote, and they “worry that making an inaccurate representation that they are employees” could preclude that, the email said. | “Many self-employed ride-share and delivery drivers intend to apply for loans and other federal relief available to independent contractors,” the companies wrote, and they “worry that making an inaccurate representation that they are employees” could preclude that, the email said. |
| Ms. Su, the state labor secretary, said the purpose of the new approach was to ensure that struggling gig workers could begin to receive benefits rapidly. While some Uber and Lyft drivers had successfully claimed regular unemployment benefits in California before the executive order, the process took months because the companies refused to submit income data needed to verify eligibility. | Ms. Su, the state labor secretary, said the purpose of the new approach was to ensure that struggling gig workers could begin to receive benefits rapidly. While some Uber and Lyft drivers had successfully claimed regular unemployment benefits in California before the executive order, the process took months because the companies refused to submit income data needed to verify eligibility. |
| “People are in very dire straits,” Ms. Su said. “They need these benefits. We’ve made it a priority to get them out.” | “People are in very dire straits,” Ms. Su said. “They need these benefits. We’ve made it a priority to get them out.” |
| Andrew Stettner, an expert on unemployment insurance at the Century Foundation, a liberal think tank, said that the U.S. Labor Department could order California to desist but that it was unlikely to require the state to pay back money it had given to drivers. | Andrew Stettner, an expert on unemployment insurance at the Century Foundation, a liberal think tank, said that the U.S. Labor Department could order California to desist but that it was unlikely to require the state to pay back money it had given to drivers. |
| Updated June 24, 2020 | |
| Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles. | |
| A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. | A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico. |
| The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. | The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth. |
| The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. | The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. |
| So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
| Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
| A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
| The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
| Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
| If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
| If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
| States are sometimes tempted to push boundaries because the Labor Department “hasn’t always stood up to them,” Mr. Stettner added. “It’s not a very aggressive oversight agency.” | States are sometimes tempted to push boundaries because the Labor Department “hasn’t always stood up to them,” Mr. Stettner added. “It’s not a very aggressive oversight agency.” |
| Some groups, like the California Labor Federation, had pressed the state to expedite traditional unemployment benefits for gig workers, an approach that experts like Mr. Stettner said they believed the state could take. | Some groups, like the California Labor Federation, had pressed the state to expedite traditional unemployment benefits for gig workers, an approach that experts like Mr. Stettner said they believed the state could take. |
| But Ms. Su said there was no way to expedite unemployment benefits for drivers under the traditional program without income data from Uber and Lyft. By contrast, under the rules of the pandemic assistance program, the self-employed and other eligible workers can begin receiving assistance quickly, even before documenting their income. | But Ms. Su said there was no way to expedite unemployment benefits for drivers under the traditional program without income data from Uber and Lyft. By contrast, under the rules of the pandemic assistance program, the self-employed and other eligible workers can begin receiving assistance quickly, even before documenting their income. |
| Ms. Su said that she had spoken with representatives from Uber and Lyft about the state’s approach but that the companies did not directly make the case for the action the state took. | Ms. Su said that she had spoken with representatives from Uber and Lyft about the state’s approach but that the companies did not directly make the case for the action the state took. |
| In addition to California, at least three states — Illinois, New York and New Jersey — have deemed at least some Uber and Lyft drivers eligible for regular unemployment insurance. But Uber and Lyft are contesting these decisions in many states and are not paying into the state unemployment insurance funds. | In addition to California, at least three states — Illinois, New York and New Jersey — have deemed at least some Uber and Lyft drivers eligible for regular unemployment insurance. But Uber and Lyft are contesting these decisions in many states and are not paying into the state unemployment insurance funds. |
| If drivers in these states receive federal pandemic assistance rather than traditional unemployment benefits, it could help reduce the financial liabilities of companies like Uber and Lyft by tens of millions of dollars after the crisis passes. | If drivers in these states receive federal pandemic assistance rather than traditional unemployment benefits, it could help reduce the financial liabilities of companies like Uber and Lyft by tens of millions of dollars after the crisis passes. |
| Mr. Newsom did take some steps at odds with the positions of Uber and Lyft. His executive order made clear that the state law effectively requiring gig companies to classify drivers as employees still applied, entitling drivers to all protections of employment, like minimum-wage rules, overtime pay, workers’ compensation and paid sick leave. | Mr. Newsom did take some steps at odds with the positions of Uber and Lyft. His executive order made clear that the state law effectively requiring gig companies to classify drivers as employees still applied, entitling drivers to all protections of employment, like minimum-wage rules, overtime pay, workers’ compensation and paid sick leave. |
| He also said that the companies must hand over income data for their drivers, though it was unclear how he planned to enforce that demand. | He also said that the companies must hand over income data for their drivers, though it was unclear how he planned to enforce that demand. |
| “We don’t take any enforcement options off the table,” Ms. Su said when asked about the possibility of litigation. | “We don’t take any enforcement options off the table,” Ms. Su said when asked about the possibility of litigation. |