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Uber and Lyft Drivers Offered Incentives to Fight Bill That Targets Gig-Economy

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  • On July 9 hundreds of Uber and Lyft drivers gathered outside the California State Capitol for a rally about Assembly Bill 5, which would impact how the state determines if a worker is an employee or an independent contractor. 
  • On Monday, the Los Angeles Times reported that the I’m Independent Coalition, a group who works closely with Uber and Lyft, offered to pay drivers to attend the rally against Assembly Bill 5. 
  • Drivers say they also received emails and in-app offers from Uber and Lyft if they attended the rally against the bill.  

The Rally

Drivers for Uber and Lyft say the ride-share companies offered incentives to workers that lobbied against a proposed bill that would allow drivers to be employees instead of independent contractors.

On Monday, the Los Angeles Times reported that drivers for Uber and Lyft who attended the July 9 rally outside California’s State Capitol were compensated for their “travel, parking and time.” 

According to the report, an email from the I’m Independent Coalition was sent to drivers, offering them anywhere from $25 to $100 if they rallied on the group’s behalf. I’m Independent is a coalition that is funded by the California Chamber of Commerce and works to change the proposed legislation. According to their website, both Uber and Lyft are supporters of I’m Independent.

Following the rally, the LA Times says that another email was sent out, reassuring workers that their compensation would be sent over soon. 

“We want to thank you again for taking time to attend the State Capitol Rally on July 9,” the email states. “Your voice had an impact and the Legislature heard loud and clear that you want to keep your flexibility and control over your work! Please expect a driver credit in the next five business days for your travel, parking, and time.”

I’m Independent later confirmed to the paper that the drivers who attended the rally had been paid.

However, the report says the coalition was not the only group offering vouchers and compensation for attending the rally. A Lyft spokesperson confirmed that the company had offered drivers $25 to help cover parking, while Uber sent a $15 lunch voucher through their app and told drivers it was for them, their families, “and anyone you know who also has a stake in maintaining driver flexibility.”

The Bill

The rally outside of the state capitol was held ahead of a Senate labor hearing for Assembly Bill 5, a bill that states it “would provide that the factors of the “ABC” test be applied in order to determine the status of a worker as an employee or independent contractor.” 

The “ABC” test comes from an April 2018 California Supreme Court case, Dynamex Operations West, Inc. v. Superior Court. During that case, the Court ruled that in order to determine if a worker was an independent contractor, three qualifications must be met. According to court documents, those requirements are: 

“(A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact.”

(B) that the worker performs work that is outside the usual course of the hiring entity’s business,” and “(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.” 

Under AB5, drivers for both Uber and Lyft would no longer be classified as independent contractors but instead employees. The main difference between an independent contractor and an employee is the regulations and requirements their employer must follow. If a worker is determined to be an employee, they receive things like sick pay, a required minimum wage, and a limit on the hours they can work. 

However, Assembly Bill 5 states that certain occupations are exempted from the “ABC” test, such as health care professionals like doctors and dentists, among others.  

In May, the bill passed in the state assembly in a 59 to 15 vote. Earlier this month the State Senate Committee on Labor, Public Employment, and Retirement voted the bill through. 

Uber and Lyft on AB5 

Uber has previously said the company will not take a side when it comes to the bill, but they do believe there are better solutions than Assembly Bill 5. 

However, at the beginning of June, Uber sent an email to their drivers saying the bill could “threaten your access to flexible work with Uber.” 

Lyft has taken a similar approach and also sent an email to its drivers, telling the workers that the ride-share company is trying to “protect” their jobs. 

“Legislators are considering changes that could cause Lyft to limit your hours and flexibility, resulting in scheduled shifts,” the email, which was later shared by Lyft, states. “We’re advocating to protect your flexibility with Lyft, in addition to establishing an earning minimum, offering protections and benefits and giving drivers representation so that you have a voice in the company.”

Previous Responses to AB5

In May, Uber and Lyft drivers around the world went on strike asking for similar requirements employees receive, such as a minimum hourly wage. The strikes took place just three weeks before the state assembly voted and passed Assembly Bill 5 and advocated for similar requirements for drivers. 

Previous responses from Uber and Lyft drivers

Even though the strikes did not create any massive change to the companies, according to a June 2019 Ipsos study, the majority of drivers from both Uber and Lyft still want “the same workers’ rights as those in more traditional employment positions.”

Assembly Bill 5 advanced to the appropriations committee earlier this month but the committees are currently in summer recess.

See what others are saying: (Los Angeles Times) (International Business Times) (SF Gate)

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FDA Recalls 11,000 Ice Cream Containers and Sportsmix Pet Food Products

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  • Over 11,000 cartons of Weis Markets ice cream were recalled after a customer discovered an “intact piece of metal equipment” inside a 48-ounce container of the brand’s Cookies and Cream flavor. 
  • The FDA also expanded a recall of Sportsmix pet food over concerns that the products may contain potentially fatal levels of aflatoxins.
  • So far, more than 70 dogs have died and more than 80 pets have become sick after eating Sportsmix food. The agency recommends taking your pet to a veterinarian if they have eaten the recalled products, even if they aren’t showing symptoms.

Metal Pieces in Weis Ice Cream Cause Massive Recall

The Food and Drug Administration announced two major product recalls this week following serious consumer complaints.

The first came Sunday when the agency revealed that over 11,000 cartons of Weis Market ice cream were recalled. “The products may be contaminated with extraneous material, specifically metal filling equipment parts,” the FDA’s statement explained.

At least one customer discovered an “intact piece of metal equipment” inside a 48-ounce container of the brand’s Cookies and Cream flavor.

Those containers were available in 197 Weis Market grocery stores, but they have already been pulled from shelves. The products have a sell-by date of October 21, 2020, and customers who purchased the product can return it for a full refund.

Along with removing 10,869 units of the Cookies and Cream containers, the brand also recalled 502 3-gallon bulk containers of Klein’s Vanilla Dairy Ice Cream.

Those bulk containers were not for retail sale, but were instead sold to one retail establishment in New York and have since been removed.

Sportsmix Recall Follows 70 Pet Deaths, 80 Illnesses

The second major recall came Tuesday when the FDA expanded a recall of Sportmix dog food.

According to the agency, the product may contain potentially fatal levels of aflatoxins – toxins produced by the Aspergillus flavus mold, which can grow on corn and other grains used as ingredients in pet food.

As of Tuesday, more than 70 pets have died and more than 80 have gotten sick after eating Sportsmix pet food. Not all the cases have been officially confirmed as aflatoxin poisoning at this time. This count also may not reflect the total number of pets affected.

For now, the FDA is asking pet owners and veterinary professionals to stop using the impacted Sportsmix products that have an expiration date on or before July 9, 2022, and have “05” in the date or lot code.

More detailed information about the recalled products can be found on the FDA’s announcement page.

Pets experiencing aflatoxin poisoning may have symptoms like sluggishness, loss of appetite, vomiting, jaundice, and/or diarrhea. In some cases, this toxicity can cause long-term liver issues without showing any symptoms. Because of this, pet owners are being advised to take their animals to a veterinarian if they have eaten the recalled products, even if they aren’t showing symptoms.

There is currently no evidence that pet owners who have handled the affected food are at risk of aflatoxin poisoning. Still, the FDA recommends that wash your hands after handling pet food.

See what others are saying: (CNN) (USA TODAY) (PEOPLE)

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Signal and Telegram Downloads Surge After WhatsApp Announces It Will Share Data With Facebook

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  • Downloads for Signal and Telegram have skyrocketed in the last week, with the encrypted messaging apps boasting 7.5 million and 9 million new followers, respectively.
  • The growth comes after WhatsApp said it will require almost all users to share personal data with its parent company Facebook.
  • It also comes after Parler’s shutdown and bans against President Trump from Twitter and Facebook, which prompted his supporters to turn specifically to Telegram.

Telegram and Signal See Big Boost

Downloads for the encrypted messaging apps Signal and Telegram have surged in the last week after WhatsApp announced that it will start forcing all users outside the E.U. and U.K. to share personal data with Facebook.

Last week, WhatsApp, which is owned by Facebook, told users that they must allow Facebook and its subsidiaries to collect their phone numbers, locations, and the phone numbers of their contacts, among other things.

Anyone who does not agree to the new terms by Feb. 8 will lose access to the messaging app. The move prompted many to call for people to delete WhatsApp and start using other services like Signal or Telegram.

Now, it appears those calls to use other encrypted messaging apps have been heard. According to data from app analytics firm Sensor Tower, Signal saw 7.5 million installs globally through the App Store and Google Play from Jan. 6 to Jan. 10 alone, marking a 4,200% increase from the previous week.

Meanwhile, Telegram saw even more downloads. During the same time, it gained 9 million users, up 91% from the previous week. It was also the most downloaded app in the U.S.

WhatsApp responded to the exodus by attempting to clarify its new policy in a statement Monday.

“We want to be clear that the policy update does not affect the privacy of your messages with friends or family in any way,” the company said. “Instead, this update includes changes related to messaging a business on WhatsApp, which is optional, and provides further transparency about how we collect and use data.”

Other Causes of App Growth

Notably, some of the spikes in the Telegram downloads, specifically, also come from many supporters of President Donald Trump flocking to alternative platforms after Parler was shut down and Trump was banned from Twitter and Facebook.

Far-right chat room membership on the platform has increased significantly in recent days, NBC News reported. Conversations in pre-existing chatrooms where white supremacist content has already been shared for months has also increased since the pro-Trump insurrection at the U.S. Capitol last week.

According to the outlet, many of the president’s supporters have moved their operations to the app in large part because it has very lax community guidelines. Companies like Facebook and Twitter have recently cracked down on groups and users sharing incendiary content, known conspiracy theories, and attempting to organize events that could lead to violence.

There have been several documented instances of Trump supporters now using Telegram channels to discuss planned events and urge acts of direct violence. Per NBC, in one channel named “fascist,” users have called on others to “shoot politicians” and “encourage armed struggle.” A post explaining how to radicalize Trump supporters to become neo-Nazis also made rounds on the “fascist” channel, among others. 

Membership one channel frequently used by members of the Proud Boys has grown by more than 10,000 in recent days, seeming to directly attract users from Parler.

“Now that they forced us off the main platforms it doesn’t mean we go away, it just means we are going to go to places they don’t see,” a user posted in the chatroom, according to NBC.

See what others are saying: (NBC News) (Business Insider) (CNBC)

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Pornhub Removes All Unverified User Uploads, Taking Down Most of Its Videos

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  • Pornhub is now removing all videos that were not uploaded by verified users.
  • Before the massive purge, the site hosted around 13.5 million videos. As of Monday morning, there were only 2.9 million videos left. 
  • The move is part of a series of sweeping changes the company made days after The New York Times published a shocking op-ed detailing numerous instances of abuse on the site, including nonconsensual uploads of underage girls.
  • Following the article, numerous businesses cut ties with the company, including Mastercard and Visa, which both announced Thursday that they will not process any payments on the site.

Pornhub Purges Videos

Pornhub removed the vast majority of its existing videos Monday, just hours after the company announced that it would take down all existing videos uploaded by non-verified users.

According to reports, before the new move was announced Sunday night, Pornhub hosted about 13.5 million videos, according to the number displayed on the site’s search bar. As of writing, that search bar shows just over 2.9 million videos. 

The decision comes less than a week after the company announced it would only allow video uploads from content partners and members of its Model program.

At the time, Pornhub claimed it made the decision following an independent review launched in April to eliminate illegal content. However, many speculated that it was actually in large part due to an op-ed published in The New York Times just days before. That piece, among other things, found that the site had been hosting videos of young girls uploaded without their consent, including some content where minors were raped or assaulted.

The article prompted a wave of backlash against Pornhub and calls for other businesses to cut ties with the company. On Thursday, both Visa and Mastercard announced that they would stop processing all payments on the site.

“Our investigation over the past several days has confirmed violations of our standards prohibiting unlawful content on their site,” Mastercard said in a statement.

Less than an hour later, Visa tweeted that it would also be suspending payments while it completed its own investigation.

Pornhub Claims It’s Being Targeted

However, in its blogpost announcing the most recent decision, Pornhub claimed that it was being unfairly targeted.

Specifically, the company noted that Facebook’s own transparency report found 84 million instances of child sexual abuse content over the last three years. By contrast, a report by the third-party Internet Watch Foundation found 118 similar instances on Pornhub in the same time period.

Notably, the author of The Times report, Nicholas Krisof, specifically said the Internet Watch Foundation’s findings represented a massive undercount, and that he was able to find hundreds of these kinds of videos on Pornhub in just half an hour.

Still, the site used the disputed numbers to point a finger at others.

“It is clear that Pornhub is being targeted not because of our policies and how we compare to our peers, but because we are an adult content platform,” the statement continued.

“Every piece of Pornhub content is from verified uploaders, a requirement that platforms like Facebook, Instagram, TikTok, YouTube, Snapchat and Twitter have yet to institute,” the company added. 

However, Pornhub’s implication that it is somehow more responsible because it only let verified users post content is a highly impractical comparison. First of all, Pornhub is a platform created exclusively for porn, content the social media companies the company name-checked explicitly prohibit.

Second of all, and the vast majority of people who use those platforms are not verified, and it would be impossible for a company like Facebook or YouTube to limit content to only verified users without entirely undermining their own purposes.

Verification Concerns

Even beyond that, there are also still questions about Pornhub’s verification process. According to their site, all someone needs to do to become verified is to simply have a Pornhub account with an avatar and then upload a selfie of themselves holding a piece of paper with their username and Pornhub.com written on it.

While the company did tell reporters the process would be made more thorough sometime next year, they did not provide any specific details, prompting questions about exhaustive the verification process will ultimately be.

That question is highly important because, at least per its current policies, the verification process makes it so users are eligible to monetize their videos as part of the ModelHub program.

If the new verification process is still weak or has loopholes, people could easily slip through the cracks and continue to profit. However, on the other side, there are also big concerns among sex-workers that if the process is too limited, they will be able to make money on the platform.

That concern has already been exacerbated by some of the other actions taken since The Times article was published. For example, after Mastercard and Visa made their announcements, numerous sex workers and activists condemned the decision, saying it would seriously hurt how porn performers collect income —  not just on Pornbub, but on other platforms as well. 

“By targeting Pornhub and successfully destroying the ability for independent creators to monetize their content, they have made it easier to remove payment options from smaller platforms too,” model Avalon Fey told Motherboard last week. “This has nothing to do with helping abused victims, and everything to do with hurting online adult entertainers to stop them from creating and sharing adult content.”  

Other performers also expressed similar concerns that the move could spillover to smaller platforms. 

“I am watching to see if my OnlyFans will be their next target and sincerely hoping not,” amateur performer Dylan Thomas also told the outlet.

“Sex workers are scared by this change, despite not having uploaded any illegal content,” Fey continued, “because we have seen these patterns before and have had sites and payment processors permanently and unexpectedly shut down.”

See what others are saying: (Motherboard) (The Verge) (Bloomberg)

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