San Francisco’s city attorney hasissuedformal
subpoenas to Uber and Lyft in order to ascertain whether the
ride-sharing companies classify their drivers as employees or
contractors in the wake of a landmark decisionhanded downby
the California Supreme Court earlier this month.
Under the opinion in that
case, known asDynamex,
the court found that workers can only be considered contractors
under a three-part test that seeks to determine exactly how
independent they are.
City Attorney Dennis Herrera
will now seek "proof that Uber and Lyft have lawfully classified
drivers as independent contractors or provide their drivers with
minimum wage, sick leave, health care contributions, and paid
parental leave."
"We are not going to turn a
blind eye if companies in San Francisco deny workers their pay and
benefits," he said in astatementissued
Tuesday. "We are not going to tolerate any company shirking its
responsibility to pay for benefits and shifting that burden onto
taxpayers when drivers without health insurance turn to the
emergency room. If your company is valued at $62 billion, you can
afford to give your workers health care."
Davis White, an Uber
spokesman, declined to respond to Ars' questions as to whether the
company would be complying or challenging these subpoenas.
Similarly, Lyft did not
respond to Ars' inquiry.
CYRUS FARIVARCyrus
is a Senior Tech Policy Reporter at Ars Technica, and is also
a radio producer and author. His latest book,Habeas Data, about the legal
cases over the last 50 years that have had an outsized impact on
surveillance and privacy law in America, is out now from Melville
House. He is based in Oakland, California.EMAILcyrus.farivar@arstechnica.com//TWITTER@cfarivar