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Gig Workers’ Bill of Rights

This is a non-exhaustive and evolving document created with the input of


hundreds of gig workers based on their experiences and concerns. We are not
addressing misclassification of gig workers as independent contractors in this
document even though it is directly related to workers missing out on vital worker
protections. Rather, this document seeks to provide a baseline of worker rights
that any person should enjoy while doing any sort of app based work.

Right to a Living Wage: Recent studies have shown that gig workers are
making less than the state minimum wage after expenses, and we know that
many are on government assistance for healthcare or food. Some rideshare
drivers have become homeless and live out of their vehicles. This is the only
industry which has seen workers consistently taking pay cuts year after year,
despite the fact that business is booming. Workers should be making a minimum
wage of at least $20/hr + expenses. This pay should reflect actual time worked
and not just engaged time which is only about ½ to ¾ of the time spent on the
app.

Right to Safety on the Job: With the carjacking epidemic reaching the highest
numbers seen in decades and gig workers being killed at an alarming rate by app
users, there needs to be stricter app security for users to prove their identity as
well stricter policies for users who violate terms of service. Users must have valid
photo ID and a matching form of payment to open account, and some method of
verifying passenger identity should be implemented at the pickup location.
Users who are reported for violence or harassment of a worker will have their
accounts deactivated. Passengers who are underage will no longer be permitted
to open an account of their own. Minors may only be on platform if insurance
umbrella policy changes to include coverage for minors. Otherwise, if an account
is flagged for allowing an unaccompanied minor the account will be deactivated.

A worker safety council with worker representatives shall be implemented with


the express purpose of addressing safety issues that are prevalent in the app
based industries we represent.

Workers who are injured, robbed, or otherwise assaulted while on the job shall
have access to a worker fund dedicated to help with medical costs or vehicle
recover/repairs/replacement.

Right to a Union: Workers shall not be prevented from organizing and forming a
union to protect their interests.

Right to Flexibility and Guaranteed Minimum Hours: When faced with


regulation, gig companies tend to push back on workers by limiting their hours on
the app or taking away schedule flexibility. Gig workers shall maintain their ability
to access the app at will and work for as many hours as legally permitted in their
area.

Driver Cap: We support a two year moratorium on TNP licensing while the City
conducts our wage study and begins to implement regulation. After the
moratorium, a driver cap shall be enacted to prevent the gig companies from
turning over their workforce instead of improving conditions for workers and also
preventing worker oversaturation and congestion.

Right to Surge Pay: Uber and Lyft cap their commission at 20/25%, ensuring
that the billing of customers and payment to drivers is fair, transparent and easily
understood by all parties. No more creative accounting by gig companies to
increase their take of the fare will be permitted. All fare breakdowns must be
visible to both driver and passenger within the app. Additionally, surge pay
charged to the passenger MUST be paid to the worker. Right now, the
companies can, and do, create surges and charge passengers 2-3 times normal
pricing and only pass a fraction of that money to the workers.

Right to Job Security: The City must oversee all driver deactivations and
drivers shall have the right to dispute and appeal deactivations. This will protect
veteran workers who are grandfathered in at a lower commission from being
unfairly deactivated under a driver cap so gig companies cannot replace them
with a driver who is paid less, as well as workers who have had unsubstantiated
customer complaints of a serious enough nature to result in deactivation. A driver
representative must be included in review board. If accused by a passenger of
driving while intoxicated, drivers will be deactivated for no more than 48 hours
(unless proven guilty). Police stations or hospitals will be designated for drivers to
immediately take a sobriety test. If the test is passed, the passenger who made
the report must pay for the testing. Passengers must also face consequences for
false claims.

Right to Commercial Insurance Protection: Currently gig companies do not


provide comprehensive commercial insurance which leaves workers exposed to
legal repercussions if Terms of Service are violated. However there is no
repercussion for passenger who consistently violate terms of service. Insurance
must cover minors and a mandated number of wheelchair accessible and child
car-seat vehicles with no more than $1,000 deductible. There will be a set
number of child seat vehicles and these vehicles will be paid luxury vehicle rates.
Passengers will need to select this vehicle if traveling with a child who must
legally ride in a child seat. Violations of this rule will result in passenger account
deactivation.

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