On Wednesday, Sen. Elizabeth Warren called upon the CEOs of Doordash, Grubhub, Instacart, and UberEats to not only provide their workers with additional protections—as they’re essentially on the front lines of a pandemic—but to reclassify them as full employees instead of independent contractors, as reported by Vice. The contractor versus employee distinction is important because contractors, technically, are not guaranteed numerous labor protections. Many workers’ rights advocates want an overhaul of gig economy operations anyway, and in a public health crisis, that issue deserves even more attention.
"Delivery workers are experiencing serious health and economic vulnerabilities as a result of their jobs, and your company is failing to provide appropriate and necessary protections," Warren wrote in the letter.
What does this look like in practice? Warren urges the companies to offer paid leave for workers if they or a family member are sick, as well as a set minimum wage plus hazard pay. Unsurprisingly, she also calls for “adequate health and safety protections” for all workers.
Warren writes that the classification of these employees as independent contractors “creates inherent risk for workers, who are denied access to unemployment insurance and workers compensation, a minimum wage and overtime, health care benefits, the right to be represented by a union, and the legal protections of the Occupational Safety and Health Act.” She added, “the impact your misclassification has on workers, and the precarious circumstances it puts them in, is amplified by this pandemic.”
Warren being on the side of workers is no surprise. As Daily Kos covered in the past, Warren has literally shown up in picket lines to support striking teachers in Chicago. She’s joined grocery employees at Stop & Shop during their strike. In terms of policy, she’s presented comprehensive plans for empowering workers, including in her coronavirus response plan.
Warren also tweeted about it.
Instacart responded to Warren’s letter in a statement to The Boston Globe, including: “Our team has an unwavering commitment to the health and safety of shoppers and will continue to support them as this situation evolves. We welcome the conversation with Senator Warren and look forward to working with her and others to further serve this important community.” The company also stated it is giving bonuses because of the virus, and that there is sick pay for people with a diagnosis or mandated quarantines.
Uber, noting it would respond to Warren directly, also gave the Globe a statement, as follows: “Today our laws present a forced choice between flexibility and protection. We believe our laws should protect all workers, not just one type of work—and rather than restricting independent work, we should strengthen the protections and benefits afforded to it.”
As we know, the coronavirus pandemic has made it abundantly clear which companies truly value their workers. Instacart workers planned a strike over conditions and pay, and some stayed home on Monday. Whole Foods Market workers have also started to strike over conditions and pay. Trader Joe’s workers are speaking out after employees at some locations have reportedly tested positive for the virus, but no stores have closed. Workers in multiple Amazon warehouses have reportedly tested positive for the virus. Amazon workers did strike—and one leader in New York has reportedly been fired over it.
While people (understandably) thank hospital workers and first responders, it’s important to remember that all people who are doing essential work deserve adequate protections, pay, and respect. More than just a thank you, these people deserve real—and lasting—workers’ rights.