At the time, though, New York did not appear set up yet to process his claim, leaving Malik's application in limbo. Thanks for signing up for our newsletter. If you are already on UI, the passage of Prop 22 has no impact on your current benefits because your current benefits are based on work you did in the past as an employee. The California agency that regulates Uber and Lyft said in an order Tuesday that ride-hail drivers are employees under AB5, the state’s new gig-work law, marking a … California is not the only state where many Uber and Lyft drivers have not received the employment protections to which they appear to be entitled. "There's nothing different here.". A good way around it is if you’re collecting unemployment just say you worked 1 Day the week … One reason to make calculations before requesting conversion: If you’re earning the PUA minimum of $167. Every Lyft and Uber driver I have interviewed since January has asked me the same thing: If AB 5 is law, then why I am not an employee? Since Lyft and Uber haven't paid into the unemployment fund yet, the state would cover the costs, but it would be known that the companies owe California that money. That means California is going to pay the bill. He is so happy to have finally gotten some income. Just ask to have a wage audit and to speak with an auditor. Because it is considered an earned benefit, it does not fall under the “public charge” category, and will not count against future immigration status for documented workers. I am a freelance tv producer who has been Uber driving between gigs. Some Uber and Lyft drivers wants to receive regular unemployment as employees, in part because the benefits could add up to more and last longer, but mostly it … Then the pandemic hit and brought on the scenario that labor advocates have been warning about for years: Business has plummeted. Wagel considers herself a Lyft employee, so she says it is only fair that her employer pays some of the cost instead of federal tax payers. Wagle said the woman on the phone, after looking at her application, said, “Oh well you should just do PUA, it will be faster.”. Over the last few weeks, Uber and Lyft drivers have been getting conflicting advice about whether to apply for pandemic unemployment assistance (PUA) for independent contractors, or unemployment insurance (UI) for employees. It’s still not right. The companies had used the arbitration clauses in their contracts to settle countless legal disputes with workers over classification individually and behind closed doors. Uber and Lyft have maintained that drivers are independent contractors who are not entitled to standard employment protections, such as a minimum wage, overtime pay and unemployment … Anwaar Malik, a driver for Uber and Lyft in Long Island, said he applied for unemployment aid in New York, the epicenter of the U.S. coronavirus outbreak, immediately after he learned that the CARES Act had become law. But for everyone thus far, it has been a lengthy process, as the state has to find other ways to verify our income because Uber and Lyft are not following the law, and don't report our earnings. “If you are going to go up against companies this large, you have to do it the right way,” Levine said. You didn’t qualify before the CARES Act was enacted, but you do now. If you need to break down your earnings on a monthly basis to show your quarterly gross earnings accurately and hopefully get a higher benefit, we’ve got specific information on how to do that within the Uber and the Lyft apps: Uber Process and Lyft Process. Makela Edwards, an Uber driver from Oakland, California, enjoyed the steady pay and flexible hours driving afforded after leaving her job as a public school teacher at the end of 2018. Photographer: John Taggart/Bloomberg. When will the benefits start? A number of drivers KQED spoke with complained about getting conflicting information from the EDD, either by phone or on the website, about what to apply for and how. Benefits are based on GROSS earnings, not net, so your calculation for benefits will be greater. Sign In Email or mobile number. He said it seemed like a miracle that his claim went through. In California, a former Uber driver has been awarded unemployment benefits, as the Employment Development Department has ruled that drivers are employees, even though Uber … This can be official 1099s, or whatever tax information you receive through your drivers apps. Continue to certify while they are still processing your claim. Gov. Levine says there is a danger in the state attorney general or a local district attorney moving too fast and blowing the case. But Lyft and Uber have not paid a cent into the state's unemployment fund because the gig companies have continued to classify their drivers as contractors. Once you have a wage auditor, they know the situation, and if you can, get their direct phone line or email in case you have future questions. drivers have been getting conflicting advice about whether to apply for pandemic unemployment assistance (PUA) for independent contractors, or unemployment insurance (UI) for employees. Please let me know if I can get it to you via online.According to the 1099-K I received from ______, I earned $XX,XXX between January and March, earned $XX,XXX between April and June, earned $XX,XXX between July and September, and earned $XX,XXX between October and December. For these reasons, Wagel has been resisting the temptation of applying for PUA and fighting to get UI. App-based drivers and other gig workers are considered employees and absolutely qualify for Unemployment Insurance (UI) in California. The driver in Daly City says he is getting the max in state benefits: $450 a week. Paying Back Unemployment in Other States. Will I need to apply for the federal aid too? We are not recommending drivers apply for PUA as under AB5 we are eligible for regular UI as misclassified workers – and will be better protected that way. Their Employment status Answer: no undocumented workers in California did make concessions ahead of the Prop vote... 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