- 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.
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 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.
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)
Friendship Is on the Decline in America Compared to 30 Years Ago
While the COVID-19 pandemic is responsible for increased isolation Americans have experienced over the past year, other factors for the drop in friendships include political differences, couples marrying later, and parents spending more time with kids.
Americans Have Fewer Friends Today
A new study released by the Survey Center on American Life has essentially found that friends are in short supply in America — or rather, that “despite renewed interest in the topic of friendship in popular culture and the news media, signs suggest that the role of friends in American social life is experiencing a pronounced decline.”
Out of more than 2,019 respondents made up of U.S. adults, only 13% said they had more than 10 close friends. That’s a big drop compared to a 1990 Gallup poll, which reported that a third of U.S. adults said they had more than 10 close friends.
The poll also found that fewer Americans now say they have a “best” friend: 59% today compared to 75% in 1990.
Friendship Breakers: the Pandemic, Politics, and Work
The ongoing COVID-19 pandemic has very likely been the most direct cause of isolation over the past year.
As the poll also notes, women ages 18-29 appear to be the most affected demographic, with 43% having lost touch with at least a few friends and 16% indicating that they’re no longer in regular contact with most of their friends.
In addition to the pandemic, former President Donald Trump seems to be driving more broken friendships than perhaps most presidents. In fact, 22% of the respondents who said they ended a friendship cited Trump specifically.
According to the poll, 20% of Democrats and 10% of Republicans have ended friendships over political disagreements, with 28% of political liberals saying they would end a friendship over political differences as opposed to 10% of conservatives.
Other factors for Americans’ lost friendships include couples marrying later, parents spending more time with kids, as well as people working longer hours and being more geographically mobile.
It’s not all doom and gloom, though. While “best friends” are in shorter supply than in 1990, more than half of U.S. adults still say they have one. Another 46% of Americans have also reported making at least one new friend over the last year.
See what others are saying: (Insider) (Independent) (Axios)
NFL Says Teams Could Be Forced To Forfeit Games If Unvaccinated Players Cause COVID-19 Outbreaks
Neither team will be paid for any forfeited games, and the team that faces the outbreak must also cover all expenses for the opposing team.
NFL Issues Strong Warning to the Unvaccinated
The National Football League announced Thursday that if a game is canceled due to a COVID-19 outbreak among unvaccinated players on a certain team, that team will be forced to forfeit the match.
Additionally, the league said players on both teams will not be paid for any forfeited games, and the team that causes the game to be canceled will also be forced to cover all expenses for the opposing team. It could also face disciplinary action from the Commissioner’s Office.
As NFL.com writer Kevin Patra noted, this is “the clearest line the NFL has drawn to date and the most substantial incentive yet for owners, teams and coaches to pressure players to get vaccinated.”
While the league has not mandated that its players and staff get vaccinated, in its Thursday memo, it said that “nearly all clubs have vaccinated 100 percent of their Tier 1 and 2 staffs.” It also noted that 75% of players “are in the process of being vaccinated, and more than half the clubs have vaccination rates greater than 80 percent of their players.”
The NFL added that vaccinated players or staff who test positive and are asymptomatic will be allowed to return to work following two negative tests 24 hours apart. For unvaccinated players and staff who test positive, the NFL is deferring to its 2020 rules: 10-day isolation.
Rescheduling Vs. Canceling
Unvaccinated players — regardless of whether they test positive or not — will also be subject to more stringent protocols, including daily testing, mask-wearing, and travel restrictions.
That said, there is one potential loophole for teams that find themselves subject to outbreaks, though it could still be a longshot. The NFL will allow games to be rescheduled as long as they fit within the timeframe of its regular season.
“We do not anticipate adding a ‘19th week’ to accommodate games that cannot be rescheduled within the current 18 weeks of the regular season,” the NFL made clear in its memo.
Still, the NFL may not be as flexible as it was during 2020. For example, while it was able to reschedule all of its postponed games during that season, it did so by moving some to Tuesdays and Wednesdays.
What Players Are Saying
Currently-unvaccinated players were quick to speak out against the memo on Thursday.
“Never thought I would say this, But being put in a position to hurt my team because I don’t want to partake in the vaccine is making me question my future in the @NFL,” Arizona Cardinals wide receiver DeAndre Hopkins said in a now-deleted tweet.
Those advocating for players to get vaccinated have argued that not vaccinating yourself while engaging in a high-contact sport could still result in hurting teammates. In fact, several athletes have reported lingering effects following COVID-19 diagnoses, and some worry that long-term lung issues could cut their careers short.
Similar to Hopkins, Cincinnati Bengals defensive tackle DJ Reader tweeted, “Talk about getting your hand forced smh.”
Las Vegas Raiders running back even compared this year’s season to “playing in jail” in a now-deleted tweet, saying, “read the rules-know em like you know your plays.”
Meanwhile, Indianapolis Colts owner Jim Irsay said he hopes his team is “headed toward 100%” vaccination following the memo.
California Sues Activision Blizzard Over “Frat Boy” Culture and Rampant Sexual Harassment
The lawsuit details how certain executives at the company assaulted and harassed female employees and how one woman ultimately committed suicide after having a nude photo of herself leaked around the office.
The Lawsuit’s Disturbing Harassment Details
The California Department of Fair Employment and Housing (DFEH) has lobbed a massive gender discrimination lawsuit against video game developer Blizzard Entertainment and its parent company Activision Blizzard, accusing the two of creating a culture of “constant sexual harassment.”
The details of the suit, which was launched Wednesday following two years of investigations, are disturbing. In some instances, it describes not just allegations of sexual harassment but also of sexual assault.
For example, DFEH claims Blizzard’s workplaces are seeped in “frat boy” culture and said female employees have been “subjected to numerous sexual comments and advances, groping and unwanted physical touching, and other forms of harassment.”
The suit cites specific instances of harassment through the accounts of female employees, including one who said random male employees would approach her at her worksite and comment on her breasts.
Other female employees working on the World of Warcraft team alleged that male employees and even supervisors would hit on them and make derogatory comments about rape.
In the most tragic outcome cited in the lawsuit, DFEH said one female employee committed suicide on a company trip after having a sexual relationship with a male supervisor who had brought along a butt plug and lubricant. According to the suit, she had also faced harassment at a holiday party when male co-workers began passing around a photo of her vagina.
DFEH Names Involved Executives
The allegations go straight to the top of Blizzard Entertainment’s chain of command.
In fact, the suit claims President J. Allen Brack both knew about this behavior and enabled it.
On top of that, an unnamed former Chief Technology Officer was allegedly seen “groping inebriated female employees at company events.”
The suit also specifically names Alex Afrasiabi, World of Warcraft’s senior creative director, saying he was “permitted to engage in blatant sexual harassment with little to no repercussions.”
“Afrasiabi was so known to engage in harassment of females that his suite” during company events “was nicknamed the “[Cosby] Suite” after alleged rapist Bill [Cosby],” the suit claims.
Female Employees Face Retaliation and Gender Discrimination
It’s not just that nothing was being done when female employees reported these instances, according to the DFEH. The agency also said those women faced retaliation, including being deprived of work, unwillingly transferred to other departments, and even being laid off at higher rates than male employees.
Separately, another employee alleged she was told she couldn’t be promoted as a manager because “she might get pregnant and like being a mom too much,” even though she had already assumed some of the responsibilities of a manager.
Other employees who had actually gotten pregnant said they were given negative evaluations while on maternity leave.
In 2019, it was reported by multiple outlets that Blizzard was offering third-party fertility and pregnancy tracking services to employees but was also receiving that anonymized data back.
Blizzard Denounces Lawsuit
In response, Blizzard has called California’s lawsuit “irresponsible” and from “unaccountable State bureaucrats that are driving many of the State’s best businesses out of California.”
Blizzard has also defended its workplace, saying, “Over the past several years and continuing since the initial investigation started, we’ve made significant changes to address company culture and reflect more diversity within our leadership teams.”
Others Speak Up
Since this lawsuit came out, at least five former employees have publicly corroborated several of its details.
That includes one woman who wrote on Twitter, “I left Blizzard after my boss gaslit me so badly my hair started falling out. My profit sharing, which I relied on to make ends meet, was docked due to “underperforming”, and when I went to HR to fight it with proof against his claims, I was told “maybe you are underperforming.”
“The fucked up part? I HATED leaving. Blizzard was my dream job and I loved the work I did there.”
Others, such as gamer Alanah Pearce, have recounted their own experiences working in gaming as a result of the allegations.
“It’s jarring to me to see so many people on Twitter, who are around the industry, who are like gaming fans who don’t work in the industry, and go ‘Oh my, God, this is horrific.’ When my reaction is, ‘Oh, so it’s normal…” Pearce said in a Twitch stream uploaded to YouTube Thursday.
“Even when I worked in Tech before, the stories that I fucking have — just the shit that they did to me… Iike I was repeatedly grabbed and groped at work functions, and I would complain — like to their faces — I’d be like, ‘Don’t fucking touch me,’ and then, they would be like, ‘Haha, of course. I’m so sorry. I don’t know what I was thinking,’ and then they would do it again because me reacting negatively to it was what made it funny to them.”
Pearce went on to recount other very disturbing details about her time at that job, saying she eventually decided one day to not go back altogether.
“But if you see this shit, and you see ‘bros being bros’ and being like, ‘Who can fuck this girl first?’ Just please fucking say something. It’s so much harder for women to say something,” she added.