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Uber and Lyft drivers win right to collect unemployment in New York

July 28, 2020, 7:53 PM UTC

Uber Technologies Inc. and Lyft Inc. drivers won the right to immediately receive unemployment insurance benefits after a federal judge ruled New York Department of Labor was taking too long to make payments.

U.S. District Judge LaShann DeArcy Hall in Brooklyn on Tuesday cited a backlog of claims by the ride-share drivers who sued the state in May, claiming it was either failing to pay their unemployment benefits or taking months to make them, even while other workers got them in as little as two weeks.

The judge said there had been “an avoidable and inexcusable delay in the payment of unemployment insurance,” to the drivers and directed the state to create a streamlined process for them to apply for unemployment. DeArcy Hall further criticized app-based companies like Uber and Lyft for engaging in “gamesmanship” by arguing the drivers are self-employed and therefore don’t need to broadly report wages and earnings.

DeArcy Hall gave the state a week to create a working group to deal with the backlog. She also gave the Labor Department 45 days to resolve outstanding claims.

The judge said while the state provided evidence showing it tried to obtain wage and earnings information from app-based companies, the evidence also shows the companies “have appealed the vast majority of those decisions — and then abandoned most of those appeals,” causing more delays.

“While the New York Department of Labor may be hamstrung by the conduct of app-based for hire vehicle companies in its effort to obtain wage and earnings data universally, this should not, as it has, result in delays to the prompt payment of unemployment benefits to drivers,” DeArcy Hall said.

Uber gave the New York Department of Labor all the data it requested, company spokesperson Alix Anfang said in a statement.

“Our current employment system is outdated and unfair because it requires that employees get benefits and protections, while independent workers who choose flexible work don’t,” Anfang said. “We will continue to fight for all workers to get financial support — not just those doing a certain type of work.”

The judge also noted the state had argued “it would be imprudent to dedicate resources to providing preliminary relief” and pay the drivers. “To the contrary, it is precisely because of the current economic climate that such immediate relief is demanded,” she said.

A spokesperson for the Department of Labor didn’t immediately return an email seeking comment about the decision.