On Thursday, December 18, the New York City Council passed the landmark “Just Cause Employment Legislation” with a majority vote of 40, known as Bill 276-A. This signifies the end of the unfair fate that has plagued nearly 90,000 ride-hail drivers in New York City. Members of the New York Taxi Workers Alliance (NYTWA) cheered at City Hall upon learning of the passage of this bill, which marks a significant victory for them.
Bill 276-A (Intro. 276-A) was introduced by Councilman Shekar Krishnan and aims to prevent tech giants like Uber or Lyft from arbitrarily shutting down drivers’ apps, effectively rendering them jobless instantaneously.
“Every worker deserves dignity, due process, notification, to know the reason and how to appeal,” Councilman Krishnan stated during a morning committee meeting. “But now Uber and Lyft have all the power over the drivers, it’s these drivers who have made them multi-billion dollar companies, yet drivers can lose their job in an instant, and the vast majority of these drivers are immigrant workers.”
Bhairavi Desai, chair of NYTWA, pointed out that unlike most laborers, Uber and Lyft drivers have to pay to work. They often incur debts to purchase vehicles and cover expenses like gas, insurance, and vehicle maintenance out of their own pockets, all without any job security.
“When you are accused of something, the accuser bears the burden of proof, rather than expecting the accused to prove their innocence,” Desai remarked. “Being able to prove your innocence after being accused is a fundamental right in our criminal justice system and a basic tenet of fairness in our society.”
The core provisions of Bill 276-A include: the burden of proof for reasons of account suspension lies with Uber and Lyft, not the drivers; suspension must be for a “just cause”; drivers must be given a 14-day notice before suspension; drivers will have an independent appeal process; and drivers suspended within the past 6 years will have one year from the enactment date to appeal.
Following the passage of the bill, Uber drivers in the lobby congratulated each other, with one exclaiming, “We finally won!” In a statement, the union chair expressed, “Intro 276 establishes the highest national standard for just cause protections for Uber and Lyft drivers. Through this bill, we reaffirm a simple truth: drivers have rights. This bill is about due process, but fundamentally, it is also about the basic dignity every worker should enjoy.”
Another driver union supported by Uber, IDG, currently acts as an intermediary in resolving disputes between drivers and Uber. IDG strongly opposes Bill 276-A, claiming it is full of “loopholes,” and asserting that the bill will “destroy existing protections, overburden city agencies, and put thousands at risk of losing their livelihood.”
IDG President Brendan Sexton stated that Uber has made it clear it will not engage in the process proposed by the bill but will instead report drivers to the city government on a large scale, leading to license revocations and jeopardizing their careers.
The bill passed by the City Council still needs to be signed by the mayor to officially become law in New York City.