Dozens of app-based drivers and workers gathered in Foley Square last month demanding the ability to unionize.
The demonstration was the latest in a series of national protests both for and against proposed laws that would change the classification of app-based workers, or gig economy workers, from independent contractors to employees, according to Gothamist.
App-based workers employed at companies including Lyft, GrubHub and DoorDash gathered as part of the newly formed coalition called Justice For App Workers, calling for a living wage, access to bathrooms on the job and the ability to unionize. Other demands by the protesters included better working conditions, benefits and an end to kicking workers off the app for hours.
"No one is there for us," Tina Raveneau, a single mom who drives for Uber and Lyft, told Gothamist. "They say what we do is gig work. In New York City, this is not a gig. This is full-time work."
Currently, app-based workers cannot legally form a union, and a change in state law could allow for workers to form unions. However, legislation in New York for such regulations have been unsuccessful, according to The City.
Ruth Milkman, labor studies professor at CUNY’s Graduate Center, said she believes a situation similar to California and Prop 22 of companies spending millions to prevent or overturn a ballot referendum would happen in New York. Although Prop 22 ultimately was ruled unconstitutional by an Alameda County Superior Court judge, more than 9.9 million, or 58%, of voters in the state supported Prop 22 alongside app-based workers.
"They don't want to do it," Milkman told Gothamist. "They spent millions of dollars fighting it in California, and probably the same would happen here."
Instead, New York City has taken its own measures with the City Council passing a new law last fall that would create a minimum pay threshold for delivery drivers, according to Gothamist.
Massachusetts joined New York City in the current independent contractors vs. employees debate. According to Legal Newsline, under Massachusetts law, workers who provide services to another party are considered employees unless they meet certain requirements to be classified as independent contractors.
"Most people doing Instacart or Uber have families, but they cannot afford the cost of babysitting and day care," Prossie Namanda told Legal Newsline. "So, driving gives them flexibility. They are able to keep their families happy and bring some money on the table."
An online poll of 1,092 independent contractors conducted by Global Strategy Group on behalf of Lyft in August 2020 found that 71%, or seven out of 10, say the freedom of being classified as an independent contractor outweighs the benefits of being an employee.
Of those polled, 90% said being an independent contractor was a good arrangement for them and their lifestyle instead of a bad one. Following this trend, 82% agreed they would rather continue to be independent contractors rather than employees.