Drivers fear PUA applications could be used in California court to undermine the state's new employment law, and in other states like New York where they're trying to get a similar law passed."People should be reassured," said Michael Bernick, an attorney at corporate law firm Duane Morris. "I can't imagine the companies in any state discussions or initiative saying, 'Look, by filing for PUA you agreed that you were an independent contractor.
He's afraid that applying for PUA benefits will cost him thousands of dollars in back pay he believes he's owed by the ride-share companies for overtime hours as an employee, in addition to setting back the broader driver movement.Los Angeles-based Uber and Lyft driver Julia Rosner, an employment attorney at Legal Services NYC, said it's "absolutely a legitimate fear."But gig workers in California may feel they have no choice. They could apply for the state's traditional unemployment insurance benefits, meant for employees, and appeal a rejection by claiming they were misclassified as independent contractors instead, Rosner said.
Stacey Wells, a spokeswoman for the campaign, which is funded by gig companies, called the notion of drivers being afraid "a false narrative" and said companies have been working hard to support their workers around applying for unemployment benefits.
Uber and Lyft drivers are wrong to feel that way,they pay self-employment tax. my understanding is that they can receive those benefits.
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