This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.nytimes.com/2020/07/14/technology/massachusetts-sues-uber-lyft.html

The article has changed 5 times. There is an RSS feed of changes available.

Version 3 Version 4
Massachusetts Sues Uber and Lyft Over the Status of Drivers Massachusetts Sues Uber and Lyft Over the Status of Drivers
(32 minutes later)
Uber and Lyft should treat their drivers in Massachusetts as employees with the right to receive benefits, instead of misclassifying them as independent contractors, the state’s attorney general said in a lawsuit filed against the ride-hailing companies.Uber and Lyft should treat their drivers in Massachusetts as employees with the right to receive benefits, instead of misclassifying them as independent contractors, the state’s attorney general said in a lawsuit filed against the ride-hailing companies.
The suit, made public on Tuesday, makes Massachusetts the second state after California to challenge how Uber and Lyft classify drivers and could deal another blow to their business model. Maura Healey, the state’s attorney general, mailed in the complaint to Massachusetts Superior Court in Suffolk County.The suit, made public on Tuesday, makes Massachusetts the second state after California to challenge how Uber and Lyft classify drivers and could deal another blow to their business model. Maura Healey, the state’s attorney general, mailed in the complaint to Massachusetts Superior Court in Suffolk County.
Uber, Lyft and other so-called gig economy companies have maintained that their drivers are independent contractors who are ineligible for benefits like sick leave, paid time off and unemployment insurance. But the companies are facing increasing pressure to reclassify drivers as employees, who would have greater recourse to push back for better working conditions and pay.Uber, Lyft and other so-called gig economy companies have maintained that their drivers are independent contractors who are ineligible for benefits like sick leave, paid time off and unemployment insurance. But the companies are facing increasing pressure to reclassify drivers as employees, who would have greater recourse to push back for better working conditions and pay.
“Uber and Lyft have built their billion-dollar businesses while denying their drivers basic employee protections and benefits for years,” Ms. Healey said in a statement. “This business model is unfair and exploitative. We are seeking this determination from the court because these drivers have a right to be treated fairly.”“Uber and Lyft have built their billion-dollar businesses while denying their drivers basic employee protections and benefits for years,” Ms. Healey said in a statement. “This business model is unfair and exploitative. We are seeking this determination from the court because these drivers have a right to be treated fairly.”
Massachusetts is asking the court to rule that the drivers for Uber and Lyft are, in fact, employees under state law. It is also seeking an injunction to prevent the companies from denying drivers protections afforded to employees.Massachusetts is asking the court to rule that the drivers for Uber and Lyft are, in fact, employees under state law. It is also seeking an injunction to prevent the companies from denying drivers protections afforded to employees.
An Uber spokesman, Matt Kallman, said in a statement: “We will contest this action in court, as it flies in the face of what the vast majority of drivers want: to work independently. We stand ready to work with the state to modernize our laws, so that independent workers receive new protections while maintaining the flexibility they prefer.”An Uber spokesman, Matt Kallman, said in a statement: “We will contest this action in court, as it flies in the face of what the vast majority of drivers want: to work independently. We stand ready to work with the state to modernize our laws, so that independent workers receive new protections while maintaining the flexibility they prefer.”
“This lawsuit threatens to eliminate work for more than 50,000 people in Massachusetts at the worst possible time,” said Julie Wood, a spokeswoman for Lyft. “Drivers don’t want this — most drive only a few hours a week, and they have chosen to drive using Lyft precisely because of the independence it gives them to make money in their spare time.”“This lawsuit threatens to eliminate work for more than 50,000 people in Massachusetts at the worst possible time,” said Julie Wood, a spokeswoman for Lyft. “Drivers don’t want this — most drive only a few hours a week, and they have chosen to drive using Lyft precisely because of the independence it gives them to make money in their spare time.”
Although the Massachusetts law was enacted in 2004, the state had not tried to enforce it against Uber and the other gig economy start-ups that have disrupted transportation, hospitality and food delivery over the last decade. Instead, Uber drivers in Massachusetts have sought employment status through individual lawsuits and class actions, but many of those cases have been pushed into arbitration or are still making their way through the court system.Although the Massachusetts law was enacted in 2004, the state had not tried to enforce it against Uber and the other gig economy start-ups that have disrupted transportation, hospitality and food delivery over the last decade. Instead, Uber drivers in Massachusetts have sought employment status through individual lawsuits and class actions, but many of those cases have been pushed into arbitration or are still making their way through the court system.
The state is suing now because of the coronavirus pandemic, officials in the attorney general’s office said. Employment protections like paid sick leave, health insurance and guaranteed income are especially valuable during a global health crisis. Uber and Lyft have said they will provide drivers with financial assistance for up to 14 days if they test positive for the virus or are forced to stay home. Demand for rides has plunged during the crisis, however, curbing the ability of many drivers to earn an income.The state is suing now because of the coronavirus pandemic, officials in the attorney general’s office said. Employment protections like paid sick leave, health insurance and guaranteed income are especially valuable during a global health crisis. Uber and Lyft have said they will provide drivers with financial assistance for up to 14 days if they test positive for the virus or are forced to stay home. Demand for rides has plunged during the crisis, however, curbing the ability of many drivers to earn an income.
Some drivers welcomed the lawsuit and said it could improve working conditions. “I believed the lie. I thought I was an independent contractor with my own business, but Uber and Lyft controlled how much I got paid, where I drove,” said Felipe Martinez, the chairman of the Boston Independent Drivers Guild, a group that advocates on the behalf of Uber and Lyft drivers. “I realized I was an employee in disguise.”Some drivers welcomed the lawsuit and said it could improve working conditions. “I believed the lie. I thought I was an independent contractor with my own business, but Uber and Lyft controlled how much I got paid, where I drove,” said Felipe Martinez, the chairman of the Boston Independent Drivers Guild, a group that advocates on the behalf of Uber and Lyft drivers. “I realized I was an employee in disguise.”
Updated July 15, 2020
The coronavirus can stay aloft for hours in tiny droplets in stagnant air, infecting people as they inhale, mounting scientific evidence suggests. This risk is highest in crowded indoor spaces with poor ventilation, and may help explain super-spreading events reported in meatpacking plants, churches and restaurants. It’s unclear how often the virus is spread via these tiny droplets, or aerosols, compared with larger droplets that are expelled when a sick person coughs or sneezes, or transmitted through contact with contaminated surfaces, said Linsey Marr, an aerosol expert at Virginia Tech. Aerosols are released even when a person without symptoms exhales, talks or sings, according to Dr. Marr and more than 200 other experts, who have outlined the evidence in an open letter to the World Health Organization.
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.
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.
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.
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.
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.
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.
Uber and Lyft are also fighting a legal battle in California, where the state attorney general and the city attorneys of San Francisco, Los Angeles and San Diego sued the companies to enforce a state law, known as Assembly Bill 5, that defines gig economy workers as employees.Uber and Lyft are also fighting a legal battle in California, where the state attorney general and the city attorneys of San Francisco, Los Angeles and San Diego sued the companies to enforce a state law, known as Assembly Bill 5, that defines gig economy workers as employees.
Massachusetts and California use similar legal tests to determine whether workers are independent contractors or employees. Laws in both states say a worker should be classified as an employee if the employer controls the worker’s wages and schedule, the worker performs a service that is a core part of the employer’s business and the worker does not have an independently established business doing similar work.Massachusetts and California use similar legal tests to determine whether workers are independent contractors or employees. Laws in both states say a worker should be classified as an employee if the employer controls the worker’s wages and schedule, the worker performs a service that is a core part of the employer’s business and the worker does not have an independently established business doing similar work.
Uber has argued that its core business is technology, not rides, and therefore drivers are not a key part of its business. It has also tweaked its service in California since A.B. 5 went into effect on Jan. 1, allowing drivers to see fares upfront and reject low-paying rides without paying a penalty.Uber has argued that its core business is technology, not rides, and therefore drivers are not a key part of its business. It has also tweaked its service in California since A.B. 5 went into effect on Jan. 1, allowing drivers to see fares upfront and reject low-paying rides without paying a penalty.
Uber, Lyft and DoorDash have also poured tens of millions of dollars into Proposition 22, a measure on the November ballot in California that, if passed, would exempt them from the state’s labor law.Uber, Lyft and DoorDash have also poured tens of millions of dollars into Proposition 22, a measure on the November ballot in California that, if passed, would exempt them from the state’s labor law.
“We couldn’t be more pleased to have Massachusetts join us in this fight to protect vulnerable workers,” said Dennis Herrera, the city attorney of San Francisco. “Under the law, their drivers are employees, plain and simple.”“We couldn’t be more pleased to have Massachusetts join us in this fight to protect vulnerable workers,” said Dennis Herrera, the city attorney of San Francisco. “Under the law, their drivers are employees, plain and simple.”