Monday, August 20, 2018

My Tyee column: Skip the Dishes lawsuit signals need for new employment laws

If governments were doing their jobs, a Skip The Dishes food delivery driver wouldn’t have to sue for basic employment rights.
Charleen Pokornik, who started driving for the company in Winnipeg two years ago, says the company is wrongly claiming the drivers are independent contractors, not employees. 
Increasingly, jobs have been changing — and generally for the worse. More part-time work, more people on short-term contracts instead of permanent jobs, and more people scrambling to earn an income through self-employment. 

Skip the Dishes — like Uber and an expanding number of similar app-based businesses — is contributing to an erosion of workers’ rights and ability to bargain the terms of employment. They’ve been good at branding their business model — remember the “sharing economy” enthusiasm? 
But really they’ve found a way to sell a service while avoiding employment laws and taking advantage of people who have few work options.
A decade ago, a restaurant would have employed a delivery driver. The pay would have been low, but at least minimum wage, and overtime pay and other basics would have been guaranteed under employment law. 
Companies like Skip the Dishes dodge all those requirements. Delivery drivers are independent contractors, the companies claim. That means no protection under employment standards legislation or labour codes. As a result, drivers report earning less than minimum wage. (Just Eat CEO Peter Plumb receives a $1.2 million base salary, plus up to $4.2 million in bonus and stock.)
The proposed class action lawsuit would challenge the claim the workers are independent contractors.
It’s hard to predict the outcome. The rules for determining whether someone is an employee or contractor have been in place for decades, and in B.C. were last reviewed 20 years ago. 
“Some of these tests include how much direction and control the worker is subject to, whether the worker operates their own business and has their own clients, whether the worker has a chance of profit or a risk of loss, whether the work they are doing is integral to the business and whether there is an ongoing relationship,” the B.C. government summarizes
The summary also notes: “The Act is intended to protect as many workers as possible. When deciding if a worker is an employee or an independent contractor, one of the main questions to ask is ‘whose business is it?’”
And this is clearly Skip the Dishes’ business, not Charleen Pokornik’s.
Skip the Dishes has a 2,600-word courier agreement new drivers must accept, and it’s almost entirely focused on confirming the contractor relationship. It also attempts to bar drivers from organizing. “Any claim you may have must be brought individually… and not as a representative plaintiff or class member, and you will not join such claim… or participate in a class action lawsuit, collective or representative proceeding of any kind.”
“It seems that we need more clarification,” Sean MacDonald, a professor at University of Manitoba’s Asper School of Business, told the CBC. “There’s a lot of curiosity how this will all go down, because it will affect a lot of the players in the gig economy.” 
MacDonald is wrong. We don’t need more clarification. We need governments to change the laws to protect workers in a changing economy.
It’s not surprising that Uber, Lyft, Skip the Dishes and others have seized the opportunity. They have found a way to make money by meeting consumer needs while exploiting weaknesses in labour laws.
The industry argues it offers workers the chance to choose their own hours. Companies tout the independence of workers and argue their model allows people to work around demands of a full-time job or family responsibilities.
But the reality can be different. New York City has just decided to freeze the number of drivers for taxis and app-based ride services and set a minimum wage. That was based in part on a study that found about 60 per cent of app-based drivers were working full-time and 90 per cent were immigrants. About 85 per cent were making less than the proposed wage the city council had set, linked to the state minimum wage.
Across the U.S., a study found Uber drivers were paid about US$9.21 an hour on average after expenses, less than minimum wage in many cities where they operate.
The whole purpose of employment standard laws and labour codes is to level the playing field and balance the power of workers and employers. The rules establish minimum standards, based on social, economic and political consensus. They allow workers to organize to increase their bargaining power. They ensure the most desperate or vulnerable are protected from exploitation.
But in B.C. and across Canada, the rules are badly outdated.
The issue isn’t about whether app-based companies should exist. It’s about ensuring basic workplace rights are not undermined by their business models. Doing that might make them slightly less profitable, but it doesn’t threaten their existence.
And it would mean people like Charleen Pokornik don’t have to take on corporate giants in court to get a fair deal for workers. 

35 comments:

Anonymous said...

Another home run, Paul!

This is the sort of passive aggressive crap that outfits take advantage of in order to maximize profits.

Also, stay tuned for the return of the "training wage!" It's probably what Gordo is going recommend to Doug Ford's government as his commission reviews Ontario's finances.

Mohamed Ali said...

$$$ GENUINE LOAN WITH 3% INTEREST RATE APPLY NOW $$$.
Do you need finance to start up your own business or expand your business, Do you need funds to pay off your debt? We give out loan to interested individuals and company's who are seeking loan with good faith. Are you seriously in need of an urgent loan contact us.
Email: shadiraaliuloancompany1@gmail.com

LOAN APPLICATION DETAILS.
First Name:
Last Name:
Date Of Birth:
Address:
Sex:
Phone No:
City:
Zip Code:
State:
Country:
Nationality:
Occupation:
Monthly Income:
Loan Amount:
Loan Duration:
Purpose of the loan:
Email: shadiraaliuloancompany1@gmail.com


$$$ GENUINE LOAN WITH 3% INTEREST RATE APPLY NOW $$$.
Do you need finance to start up your own business or expand your business, Do you need funds to pay off your debt? We give out loan to interested individuals and company's who are seeking loan with good faith. Are you seriously in need of an urgent loan contact us.
Email: shadiraaliuloancompany1@gmail.com

LOAN APPLICATION DETAILS.
First Name:
Last Name:
Date Of Birth:
Address:
Sex:
Phone No:
City:
Zip Code:
State:
Country:
Nationality:
Occupation:
Monthly Income:
Loan Amount:
Loan Duration:
Purpose of the loan:
Email: shadiraaliuloancompany1@gmail.com

Karma Eco Adventure Nepal said...

Nepalis a one of the beautiful country which is blessed with natural beauty, wild habitat, culture and terrain which supports array of adventure sports . No matter if it is for 5 days or for 5 months, Nepal will not fail to surprise you.

Doris Susan said...

I was searching for loan to sort out my bills & debts, then i saw comments about Blank ATM Card that can be hacked and withdraw money from any ATM machines around you anywhere in the world . I doubted thus but decided to give it a try by contacting united blank ATM hack card they responded with their guidelines on how the card works. I was assured that the card can withdraw $5,000 instant per day & was credited with $20,000 so i requested for one & paid the delivery fee to obtain the card, after 72 hours later, i was shock to see the Courier agent in my resident with a parcel {card} i signed and went back inside and confirmed the card work's after the agent left. This is no doubts because i have the card & has made used of the card. Contact these email if you wants to get rich with this....Via email: ccchackers002@gmail.com

daniel said...

My ex ruined my credit due to his incessant extravagant spending spree, I found myself in a big mess. I talked to a credit repair company and I was told that it would take me non less than a year to fix my credit. I was devastated, that's a very long time which I can't cope with. I looked online and came across Credit Doctor's contact, hit him up and to my greatest surprise, my credit was repaired in 4 working days from 486 -810. I was so amazed and it didn't cost me too much really. I implore you to contact him on for all credit issues and hacking issues. No doubt that he's the best out there and your problems will be solved!
HACKINTECHNOLOGY@GMAIL.COM
+16692252253

Fashion said...

I love that thought of her starting a business in human services and enlisting her schoolmates. She wasn't lying about being turned down for employment by not having experienceTop Gun 2 Jacket. How am I going to get experience at that point if u don't employ me?

Unknown said...

Thanks for sharing us yours precious time to create this post, its so informative and the content make post more interesting. really appreciated. Flash Jacket

Richard John said...

It guarantees clients that this Custom Logo Design exists to recognize this present organization's personality from the remainder of its rivals. Best Logo Design It tells individuals that it will be around for such a large number of years just to accommodate them and fulfill their needs and needs.

Jonah dsouza said...

Thanks for sharing us yours precious time to create this post, its so informative and the content make post more interesting. really appreciated. Yellowstone Jacket

goku coat said...

I haven’t any word to appreciate this post.....Really i am impressed from this post....the person who create this post it was a great human..thanks for shared this with us

Maria_Garcia26 said...

Order vilitra 20 mg Online Using Paypal or Credit Card in USA and UK. Vilitra contains Vardenafil and help in treating Erectile Dysfunction in Men.
Buy Now:
cenforce 150
cenforce 200mg
cenforce 50
malegra 100

Archana Sharma said...

Chandigarh Escort Service:- We acquired our magnificent Chandigarh notoriety by being 100% customer centered. We're very reasonable, however without thinking twice about the quality that you would anticipate from a great expert Escort Service in Chandigarh. So while our costs might be reasonable, the friendship administration that you get unquestionably isn't thus assuming you are searching for fashionable dazzling escorts close to Chandigarh, this is a little glimpse of heaven for you as you get the incredible costs yet additionally escorts of the greatest quality that cannot be bested around Chandigarh.

Read More:- http://www.missnavya.com

LerenJack said...

I read this article. I think You put a great deal of exertion to make this article. I like your work. Marty Mcfly 50s Jacket

Fervent Enterprises said...

1 BHK flats for sale in Panvel

You can spot them in the night sky if you are perseverant and patient enough. The ones who take advantage of these opportunities and see them in the bright light of day are more likely to succeed. As a philosophy, Space India aspires to achieve the impossible by thinking about it, acting on it, and ultimately reaching it. Space India is just beginning its dynamic endeavor with the sight of shooting stars during the day.

Gaurav said...

eAstroHelp is India's leading website for Astrology-based resources. The Company aims at promoting ancient occult science scorpio rising man from India across the globe.

Mens Trench Coat said...

I’m happy by reading your enjoyable article, Keep uploading more interesting articles like this

deanffranklin@gmail.com said...

Wow such a stunning substance I never analyzed this before keep it up and keep on providing for us more solid information. Really research this now and advantage it. bomber leather jackets

Kayce Dutton Yellowstone Brown Jacket said...

Shop this best quality Kayce Dutton Yellowstone Brown Jacket For men SHOP NOW

kathymccaan said...

Shop this best Super quality Kayce Dutton Yellowstone Brown Jacket For men SHOP NOW

Anonymous said...

I’m happy by reading your enjoyable article, Keep uploading more interesting articles like this Squid Game Collection

lucas Matthew said...

I just loved your blog!. I also want yo suggest students that are reading my comment about my website Do my Exam Now. Where I have a team of pay to take my exam and many more paid services like homework help and online exam help. Do check Do my exam now.We also offer services like Take My Online Class For Me, Pay For Someone To Take Online Class and Pay For Online Classes service

deanffranklin@gmail.com said...

This is an extraordinary site post. Not extraordinarily various people would genuinely, the way where you essentially did. I'm genuinely blended that there is a particularly tremendous degree information about this subject have been uncovered and you've contributed some strong energy with such a lot of class. bomber jacket men

Albert Watson said...

Like I said, athletic style is having a moment: sneakers, baseball caps, and cheerleader Taylor Swift The Red Tour Varsity Jacket skirts are everywhere, along with varsity-inspired jackets and sweaters. And I'm super-psyched for all of it! Nike's Destroyer jacket is on my top 5 list of most-wanted items for fall.

Sarah Josave said...

This is a fantastic website. I read it and enjoyed every single word. It's very amazing. Han Solo Vest

Wallace said...

Usually I never comment on article but your article is so convincing that I never stop myself. Studies about time and motion and so on can be extremely stressful. In fact, many people over-exert themselves in completing Biology assignments, discussion boards and projects. But we are here to finish them for you. We handle your complete Biology online exam and exams for you. Sound good? Request for a quote today! Hire Someone To Take My Biology Proctored Exam

Gaurav said...

badam khane se kya hota hai सर्जरी या फिर किसी तरह की दुर्घटना के बाद की कमजोरी में बादाम खाने से लाभ होता है l

mjerry78632 said...

"The competitive market for pizza is an example that may be used to a variety of other businesses, both locally and globally. Competition incentivizes the expansion of the production frontier in order to spark development and its pizza order online dividends. A market that is constructed to benefit just a narrow rentier class and resulting in consumer loss rarely allows for long-term growth.
Location: karachi, Pakistan
Phone Orders: (021) 111 981 111
Email Orders: info@pizzeria.com.pk
WhatsApp: +92 311 1981111"

Mike Rooney said...

Very nice article, Just the information..
chrissy hoodie stranger things

Maria Adam said...

Get the best deals on auto parts and accessories with Aautozone coupon code 40%. With top-quality products and unbeatable prices, you won't find a better deal anywhere else. Shop now and save big!

Edvin Berg said...

"Your blog is a true gem. Your writing is top-notch, your topics are relevant and interesting, and your community is supportive and engaging. Keep up the great work!"
Tidewe Promo Code.

Jennifer Walsh said...

I appreciate the thought-provoking insights in your Tyee column regarding the Skip the Dishes lawsuit and the need for updated employment laws. As individuals navigate the gig economy, it's crucial to stay informed about their rights and protections. For those seeking relevant resources, I recommend checking out https://usepromos.com/ to explore potential discounts on legal services and employment-related resources. Stay informed and empowered in this evolving landscape.

Jennifer Walsh said...

The Skip the Dishes lawsuit highlights the importance of updating employment laws. As we discuss the intricacies, it's clear that prioritizing fair worker treatment matters more than ever. Imagine if we could "spend bill gates money" to further these necessary changes.

albaflores said...

The Udhaar app is the greatest khata app in Pakistan for streamlining any type of money collection. The Udhaar Digikhata App features an incredible Mahana Payment tool that allows you to conveniently manage the debt or khata of your clients or debtors and remind them that they must also pay you back. This is accomplished with a few easy touches.

Linda marrero said...

Thanks for sharing us yours precious time to create this post, its so informative and the content make post more interesting. really appreciated. Your blog is a true gem. Your writing is top-notch, your topics are relevant and interesting, and your community is supportive and engaging. Keep up the great work! Also do consider checking out does barnes and noble price match THANK YOU!

Lilly Anna said...

Your Tyee column, "Skip the Dishes lawsuit signals need for new employment laws," viewfreescore cancel membership sheds light on an important issue at the intersection of gig economy work and employment laws. The lawsuit involving Skip the Dishes serves as a poignant reminder of the evolving nature of work and the pressing need for legislative updates to ensure fair treatment and protection for workers.