NYTWA Wins Big for N.Y. State App Drivers
About Our Lawsuit
On May 25, 2020, NYTWA and four of our Uber/Lyft members sued Governor Cuomo and the New York Department of Labor (DOL) in federal court for not treating app-based drivers as employees, and, as a result, paying them a lower benefit rate and delaying their applications and payments. Click here to see our complaint.
On July 28th, Federal Judge LaShann DeArcy Hall gave a first ruling in our favor. The judge ordered the Dept. of Labor to pay app-based drivers the full employee rate of UI benefits, instead of the lower rate for self-employed workers that many app drivers were getting under the Pandemic Unemployment Assistance program. Click here to view the judge’s order.
What App Drivers Should Expect
Because of this victory, many App drivers will be eligible to receive $504 instead of $182 per week. For thousands of app drivers, this victory means up to $6,000 in back payments and then moving forward at the correct rate of up to $2,016 a month in unemployment benefits. (Any add-ons Congress approves during this time, such as the weekly $600 Pandemic Unemployment Compensation is on top of this.)
This victory has not come easily. We fought from 2016-2018 to win employee status for App drivers under Unemployment Law, and then have been campaigning since before the quarantine in March 2020 to have the companies cooperate with the law by turning over drivers’ earnings data and to have the Dept. of Labor follow its own law. We’ve had to sue Governor Andrew Cuomo two times in federal court. Uber and Lyft never felt they had to follow the law and neither did the Department of Labor. They will want to take back what we have won. From the courts to the streets, we have to keep up our fight.
Next Steps for N.Y. State App-Based Drivers
In order to receive your full benefit rate, you must file a form called a Request for Reconsideration.
If you already submitted a Request for Reconsideration, you do not need to file anything at this time. The judge ordered the DOL to process your application no later than September 11, 2020. Stay in touch with the Union as we make sure all drivers get the benefits they are owed. Click here for the NYTWA intake/campaign form.
If you have not received your full benefit rate and have not submitted a Request for Reconsideration: complete and submit a Request for Reconsideration as soon as possible. Come to the office so we can help you with your Request for Reconsideration, gather your supporting documents and submit them to the Department of Labor. Here is a step-by-step guide to help you get started. You can download the Request for Reconsideration form here. You can also pick up a copy of this form along with the step-by-step guide at the Union Office. Click here for our FAQs to get more information.
The Court will continue to review how the Department of Labor is processing app-based drivers’ Requests for Reconsideration and newly submitted unemployment applications to make sure that the Department of Labor is following the order. Join the union’s ongoing fight to hold Uber and Lyft accountable! Sign our members’ petition to Uber CEO Dara Koshrawshai, and fill out our NYTWA intake/campaign form to stay in touch and organized.