This week, legislators will vote on Assembly Bill 5, a bill that would force rideshare drivers, among others, to give up their independent contractor status and become employees.
As both a current Lyft driver who depends on the flexibility this job provides and someone who grew up in a union household, I’ve been very closely watching the misunderstood debate around AB 5. While supporters may think they are protecting drivers with AB 5, the reality is that this legislation will hurt us far more than it will help.
My mother, who is now retired, and sister are grocery clerks and lifelong UFCW (Local 770) members. I know from experience that unions are incredibly beneficial to workers, but I also know that being a traditional employee is not right for everyone. Most drivers choose ridesharing specifically because it allows us to control our own schedules. I’m not talking about a boss being flexible with my hours, I’m talking about me being entirely in charge of when and how long I work, and not having to ask for permission when I need time off.
Shortly after I started driving for Lyft full-time, my wife was diagnosed with cancer. I’ve been able to be with her for every appointment and procedure. That could never have happened with my old job, and that’s more important to me than traditional employee benefits.
It’s common sense that if rideshare drivers become employees, Lyft and Uber will use fewer drivers who will work on a set schedule. That is simply the nature of being an employee. Your local coffee shop doesn’t allow employees to show up and leave whenever they want. Ridesharing would be no different — and that just won’t work for many drivers like me.
That is not to say we should keep the status quo. Drivers do need changes and I was fortunate enough to have a seat at the negotiating table this summer when Lyft asked for feedback about what could be changed to give drivers more protections and security. As a result of these conversations with drivers and unions, rideshare companies have come up with a proposed plan that will accomplish far more than AB 5 ever could.
The reality is that neither straightforward employee status nor independent contractor status under current California law can achieve what drivers need. Right now drivers have unlimited flexibility, but no guaranteed minimum wages or benefits, and labor law actually prevents companies from offering these benefits to independent contractors. Forcing us to become employees would provide us with benefits, but only if we give up the ability to be our own boss.
Under the proposal put forward by rideshare companies, drivers retain the control we have as independent contractors while also having a guaranteed earnings floor. As long as a driver is on the job and picking up passengers, we would earn 32% above minimum wage plus tips. Drivers also gain key benefits like paid sick and family leave for those working over 20 hours a week.
Most importantly, drivers and the union they elect would have a permanent seat at the bargaining table. The plan includes “sectoral bargaining” which means the whole industry and all unions would bargain together at one table – to achieve one deal – that applies to every driver, no matter who we choose to drive with on any given day.
We have a chance to create something that is better for drivers than either employment or independent contracting, but it will take courage from labor unions, the Legislature, and Gov. Gavin Newsom to leave old models behind. I urge them to seize this opportunity to work with rideshare companies and drivers to put the innovative solution they have proposed in place.
Jack Kinney is a full-time Lyft driver who lives in Los Angeles.
