App-based Workers can have Fairness and Flexibility

A growing population of the workforce now gets employment through app platforms and that number is expected to grow exponentially over the next decade. Many of these app-based workers currently do this to supplement their wages but more workers are using this as their primary source of income. As the sector grows, more workers will turn to this type of employment full time.

The technology may be new, but the age-old argument by employers that somehow this new technology means workers are independent contractors rings hollow. The qualifications and hiring of these workers are determined solely by the employer; the rate of compensation is determined by the employer; how and whether jobs are assigned to workers and the quality of performance on the job is determined by the employer. The employer accepts payment from customers and remits the pay to the workers and makes a profit. There is little or no recourse when an employee has a pay dispute or complaint of unfair treatment.  

In other words, the terms and conditions of employment are controlled by the company. It’s a finding relevant state agencies such as the Department of Labor agree with. Unfortunately, these companies see the writing on the wall, which is why they have been trying to codify that app workers are independent contractors. In many right-to-work states they have succeeded. This will alleviate app companies of the costs associated with worker rights and puts traditional employers, who pay these costs, at a competitive disadvantage with app-based employers.

In New York we must do better. The need to provide app workers with the same rights as all other New Yorkers has never been clearer than during this pandemic.  

This is not just a matter of fair pay but of other basic employee rights, like the right to workers’ compensation if an employee is injured and unemployment benefits if they are laid off or terminated for no good reason. App-based workers should have the right to paid family leave and fair hiring. Equal opportunity laws should also apply. The right for these workers to decide for themselves whether they want to collectively bargain is also at stake.   

App companies are trying to convince workers that to gain these rights, they will have to give up flexibility. There doesn’t have to be an either-or. App workers can have the best of both worlds– fairness and flexibility.

The NYS AFL-CIO will push for legislation that ensures app workers have the same basic employee rights as all workers and we will fight to make sure app workers are treated fairly and with respect. We look forward to working with our elected officials to make that happen.