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America November 2, 2023 4 mins read

Uber and Lyft $328M Pay Probe

America ı By Rihem Akkouche

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Uber and Lyft $328M Pay Probe

In a landmark development, ride-hailing giants Uber and Lyft have agreed to pay a staggering $328 million to over 100,000 drivers in New York. The settlement, announced by New York Attorney General Letitia James, brings an end to a comprehensive investigation into alleged illegal deductions from drivers' earnings.

H3: Uber Commits $290 Million, Lyft $38 Million

The agreements, established as separate settlement funds, designate Uber's payment at $290 million, with Lyft contributing $38 million. According to James, these settlements are primarily focused on drivers, the majority of whom hail from immigrant communities. Beyond financial compensation, these deals usher in critical changes.

Ensuring Fair Pay and Benefits

Under the terms of the settlement, both Uber and Lyft will institute minimum pay standards and provide drivers with essential benefits, including paid sick leave. "For years, Uber and Lyft systematically cheated their drivers out of hundreds of millions of dollars in pay and benefits while they worked long hours in challenging conditions," James emphasized. "These settlements will ensure they finally get what they have rightfully earned and are owed under the law."

Uber and Lyft $328M Pay Probe : Tax and Fee Deductions

The investigation, which commenced in 2020, unearthed disconcerting practices. From 2014 to 2017, Uber deducted sales taxes and Black Car Fund fees directly from drivers' earnings rather than passengers. In a similar vein, Lyft engaged in comparable behavior from 2015 to 2017, levying an 11.4% "administrative charge" on drivers' compensation.

A Boost in Earnings and Benefits

These settlements usher in a seismic shift for drivers. Uber and Lyft will begin paying drivers a guaranteed $26 per hour, exceeding the current $15 minimum wage in downstate areas and $14.20 elsewhere. This pay is guaranteed during trips, ensuring that drivers receive fair compensation for their services.

Additionally, drivers will now be eligible for up to 56 hours of guaranteed paid sick leave each year, a crucial safety net for those who venture outside New York City. James also noted that drivers will receive clear, concise hiring notices and earning statements, providing transparency about their earnings.

Employee Status vs. Independent Contractor

Notably, these benefits extend to drivers as employees, rather than independent contractors, the classification typically used by ride-hailing companies. However, Uber and Lyft spokespersons, when approached by Law360, reaffirmed their stance that drivers remain independent contractors.

Uber and Lyft $328M Pay Probe : Monitoring for Compliance

James confirmed that her office would refrain from pursuing formal investigations, litigation, or additional monetary relief as long as Uber and Lyft honor their substantial financial commitments.

Positive Response and Commitments

Lyft's Chief Policy Officer, Jeremy Bird, hailed the agreement as a victory for drivers. He emphasized that it builds upon New York's reputation for providing portable benefits through its Black Car Fund, ultimately enhancing the well-being of drivers.

Uber, while denying any wrongdoing, described the deal as a "first-of-its-kind agreement." Tony West, Uber's Chief Legal Officer, underscored the flexibility that drivers will continue to enjoy while gaining new benefits and protections, such as a minimum earnings standard and paid sick leave.

Uber and Lyft $328M Pay Probe : Government Involvement

New York Governor Kathy Hochul unveiled a separate agreement between her office and the state's Department of Labor (DOL) and Uber. While the exact amount remains confidential, this agreement mandates quarterly payments to the state's Unemployment Insurance Trust Fund, along with retroactive contributions for payments dating back to 2013.

A Powerful Message to Workers

Governor Hochul heralded this unprecedented settlement, stating, "New York has your back." This development occurs amid an ongoing debate between the state DOL and Uber regarding the employment status of drivers.

Uber and Lyft $328M Pay Probe : Safeguarding Benefits

Regardless of this employment status dispute, the New York State DOL and Uber have concurred that drivers and couriers eligible for unemployment benefits should receive them. Uber will contribute to the state's UI Trust Fund on their behalf, ensuring the protection of drivers and safeguarding New York's Unemployment Insurance Trust Fund, as stated by New York State DOL Commissioner Roberta Reardon.

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Rihem Akkouche

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