NYC TLC Drivers Could Appeal to Dept. of Consumer & Worker Protection To Protest App Deactivations
Under the Freelance Isn't Free Act, NYC has specifically granted independent operators, such as TLC drivers, the right to formally file a complaint against platforms like Uber and Lyft
AutoMarketplace NYC covers the for-hire transportation industry and automotive news. Check out AutoMarketplace on YouTube ▶️
Since I started writing this newsletter a little over a year ago, I’ve never gotten as many incoming emails and messages related to a single article as I have related to my article on driver deactivations (below).
Many TLC drivers either commented in the article itself or directly emailed me asking for help/advice about their specific situation. Some had completed thousands of trips with Uber, achieving high ratings (4.9+), only to be deactivated, according to them, on the back of a few customer complaints. Before I wrote the article, I also heard first hand accounts from TLC drivers who were deactivated without any real due process (note: my opinion). While the Independent Drivers Guild (IDG) has made a best efforts attempt to help drivers get their Uber/Lyft accounts back, they also have to deal with frustrating roadblocks, which has likely inspired their recent lobbying efforts regarding Uber & Lyft driver deactivations.
TO BE CLEAR, as I wrote in my original article, I believe Uber, Lyft or any company for that matter, has the right to deactivate any driver on their platform(s). HOWEVER, there must be a proper and fair appeals process (i.e., “innocent until proven guilty” standard). This is what my article was about, with Uber and Lyft controlling an outsized portion (78% market share) of the NYC for-hire trip market the power of their deactivation decisions could be viewed as the equivalent to losing one’s TLC license status. This “deactivation” power also makes a lot of NYC TLC drivers nervous about standing up for themselves, out of fear that a few customer complaints could end with them losing their livelihood, even if they have a proven track record (high ratings over thousands of trips).
“This “deactivation” power also makes a lot of NYC TLC drivers nervous about standing up for themselves, out of fear that a few customer complaints could end with them losing their livelihood, even if they have a proven track record (high ratings over thousands of trips).” - AutoMarketplace
So, it was to my surprise, that while reading a story about NYC suing a fashion media company for not paying City freelancers, that it came to my attention that NYC TLC drivers may already have a way to formally appeal deactivation decisions. Now, before NYC TLC drivers get excited, I want to make clear that this is me merely highlighting a formal mechanism to appeal a deactivation. Whether it works or not is TBD, but I think it’s noteworthy.
NYC Department of Consumer and Worker Protection (DCWP)
The story I was referring to above related to a December 1st announcement by the City that it was filing a lawsuit against L’Officiel USA, the American subsidiary of the French-owned global media company, related to a pattern of failing to pay freelancers on time or at all. This story then led me to NYC’s Freelance Isn’t Free Act which the press release referenced.
If you want to read all the details of the Act, which I encourage you to do please click here, but long story short this part of the Act’s description caught my attention.
Right to File a Complaint: You can file a complaint with OLPS (Office of Labor Policy & Standards). OLPS will notify the hiring party who must respond to the complaint within 20 days. OLPS will also provide information to help you find a lawyer, understand the legal process, and more. Download the complaint form. If you have questions, email freelancer@dca.nyc.gov.
While the complaint form (link above) seems to be more geared towards not being paid by a company, it does provide the option on the 2nd page to check ‘Other (please specify)’. In addition, you can also directly email the NYC Department of Consumer and Worker Protection at freelancer@dca.nyc.gov or call 311 and ask for “Freelance Workers” with questions.
Again, the above is no guarantee of protection from Uber/Lyft deactivations, but I thought it was worth highlighting. My belief is that a formal appeals process for deactivations will be established for NYC TLC drivers eventually, given the market share of Uber & Lyft. Until that time though, this may be a tool / mechanism NYC TLC drivers can utilize to protect against unfair App deactivations and other abuses.
If you are an NYC TLC driver who has been deactivated by Uber and/or Lyft and filed (plan to file) a formal protest with the NYC Department of Consumer and Worker Protection, please let us know how it went (goes).
AutoMarketplace NYC covers the for-hire transportation industry and automotive news. Check out AutoMarketplace on YouTube ▶️