There's also a question of who pays for the benefits. Uber and Lyft are contesting a California law intended to classify workers like their drivers as employees, and the state recently sued them in response. Are we self-employed/independent contractors eligible for PUA? And then the follow-up question is: Why hasn't California started going after gig companies to sort this all out? Question 4 can confuse people too: “Did you refuse any work?” You can answer NO even if you did not log into Uber or Lyft. Once Prop 22 comes into effect, the work you do will NOT be employment under CA law, so that work will not qualify you in the future for UI. She asked him a few questions, and then said he was approved. Makela Edwards, an Uber driver from Oakland, California, enjoyed the steady pay and flexible hours driving afforded after leaving her job as a public school teacher at the end of 2018. (. If you did not receive a 1099-MISC or a 1099K, use the tax info provided by the company as outlined in our Step-By-Step UI Guide, above. The problem is that EDD is not sure how to separate misclassified workers from people who are legitimate independent contractors. Last fall, as soon as AB 5 garnered enough votes to pass, the city attorney in San Diego filed a lawsuit against Instacart, but that case is still snarled in the legal system. If your 1099K’s show any quarter where you have earned more than $11,700, you’re good and will be eligible for the max without doing much more math. Safe - it was based on your best quarter of 18 months previous to your claim - all worked all workedwhile we still had basic labor rights as drivers - and rights to UI. In both case, higher earnings equal more benefits. California is not the only state where many Uber and Lyft drivers have not received the employment protections to which they appear to be entitled. It's still taking too long for EDD to verify our income, but we're fighting to push for a quicker, more streamlined process. Information will be updated on the California EDD PUA Page with instructions for filing a claim for PUA benefits when details become available.. For those of us applying for UI, the process of verifying our income has taken way too long. A California court of appeals upheld an injunction against Uber and Lyft on Thursday and asked the ride-hailing companies to classify their drivers as employees under California’s A.B. Claimant and similarly situated drivers (“Claimants”) sought unemployment insurance benefits when they ceased driving for Uber. We are working aggressively to push EDD to streamline state UI money to misclassified workers like ourselves. What are you going to do? The answer is, if you’re a driver for Uber, Lyft, GrubHub, Postmates, or another driving or delivery service, and you’re an independent contractor – yes. To access that program, click this link: You weekly state benefit will be between $40 and $450 per week, and is 50% of your weekly pay, up to $900/week. Because PUA benefit amount is calculated based on NET income, some drivers are reporting a negative balance after turning in their income documents - as their benefit amount was calculated based on GROSS income. Rideshare Drivers-United.org Now that I am deactivated from Uber and Lyft is very slow because we are all locked down I am filing for unemployment. Will I need to apply for the federal aid too? For these reasons, Wagel has been resisting the temptation of applying for PUA and fighting to get UI. While this may or may not seem to affect you and yours, keep in mind that there is a huge backlog of workers trying receive unemployment because that is truly the only source of income they have. According to EDD, they will not ask people receiving minimum PUA benefits of $167/week to verify their earnings. Figuring out your gross by quarter can be a chore. See an example of this below. We understand that EDD is in agreement, that misclassified workers, like Lyft and Uber drivers, should have been put on UI. Financial assistance is available for coronavirus-related causes of unemployment, and it applies from January 27 through December 31, 2020. Sign In Email or mobile number. Uber drivers and others in California got unemployment award statements saying they're entitled to $0 in benefits. We were given PUA in error. Some Uber and Lyft drivers wants to receive regular unemployment as employees, in part because the benefits could add up to more and last longer, but mostly it … But it's been a hard fight. We should be paid NOW and we should be receiving our state benefit based on our past income and the additional $600 federal benefit. Benefits are based on GROSS earnings, not net, so your calculation for benefits will be greater. In California, with unemployment benefits now expanded to ride-hailing drivers, the state will have to try to make Uber and Lyft pay for benefits their drivers receive, Dubal said. Uber CEO Dara Khosrowshahi and Lyft co-founders Logan Green and John Zimmer wrote, “We can work with the California Legislature to establish a commitment to driver … The yellow highlights show the TNC driver work that is qualifies someone for UI benefits, if you begin your claim in 2021. This is common for a part-time driver.Click “Submit”You can also watch this video to navigate you through this process at https://youtu.be/2W7e3P2lrO8. Our guide: We developed this guide which will walk you through the process of filing on the website. The state promised quick action on PUA (Pandemic Unemployment Assistance) – with an on-line application available on 4/28, and people quickly receiving payments. After nearly two months of applications and appeals, some Uber and Lyft drivers are getting unemployment insurance. Are you going to get a lawyer, try to like fight your case for you?’ ”. The state has promised to give benefits for all weeks we've applied for, back to February 1. Because UI is determined by your highest gross earnings in a quarter, you may be able to secure a higher benefit if you break down your earnings for the last 18 months by quarter. With guidance from Legal Aid at Work (https://legalaidatwork.org/) we stand firmly that regular UI is our best way to access benefits. They promised to adhere to a wage floor, ensuring that their drivers get paid no less than 120% of minimum wage. … Those drivers just got some vindication, by way of the California unemployment office. Should be easy. You can certify in various ways: Here are our recommendations for filling out the questionnaire based on advice from Legal Aid at Work. Uber and Lyft signage seen on a car parked on Fulton at Laguna streets on Wednesday, Jan. 29, 2020, in San Francisco, Calif. When AB 5 passed on Jan. 1, many drivers thought they would finally become employees and get protections like workers compensation, guaranteed minimum wage and unemployment insurance. We will continue to update this page as we find out more information. drivers have been getting conflicting advice about whether to apply for pandemic unemployment assistance (PUA) for independent contractors, or unemployment insurance (UI) for employees. Because the state wants to verify our wage data – and Uber and Lyft aren’t giving it to them. Several companies, including Uber, Lyft and DoorDash, have poured $110 million into a ballot initiative that would exempt them from AB 5. Right now there are 2 things you have to do to  - on the web, and in the mail: (1) File a correction via the EDD Website:a) Log onto UI Online at uio.edd.ca.gov, click the UI Online button, and then click the “Contact Us” tab on the right side of the webpage.b) Select “Claim Questions” under the Question Category dropdown menu. Uber and Lyft have refused to pay into California’s unemployment fund, making it very difficult for the state’s roughly 500,000 drivers to secure such payments in recent months. It is always important to be available to work and not to refuse work while receiving unemployment insurance benefits. The state Legislature codified that ruling into law with AB 5. That's crystal clear. Recent News. Given the number of drivers in California, the amount to cover unemployment payments would likely be in the billions of dollars. I am just swimming here. UI is awarded based on gross income, how much total income you bring in before expenses. Attach 1099s or other evidence of wages in each of your claims. Income Verification For App-Based Drivers On PUA: Will I Owe Money?Short Answer: No. In July, a federal judge ruled that Uber and Lyft must pay into the state’s unemployment insurance program. That means California is going to pay the bill. I filed several weeks ago, but don’t have benefits yet. I am a freelance tv producer who has been Uber driving between gigs. https://edd.ca.gov/Unemployment/UI-Calculator.htm, https://edd.ca.gov/unemployment/income-documentation.htm, https://www.labor.ca.gov/pandemic-unemployment-assistance-pua-program/, https://www.edd.ca.gov/Unemployment/UI_Online.htm, Step-by-Step Guide To File for Unemployment in California, https://www.sfexaminer.com/news/uber-and-lyft-drivers-demand-unemployment-benefits/, https://www.cdss.ca.gov/inforesources/immigration/covid-19-dra. With all the changes happening, we have gotten a ton of questions concerning Unemployment for Lyft Drivers and Uber Drivers. Gavin Newsom signed a controversial bill Wednesday, known as AB 5, after months of uproar from businesses and gig companies like Uber … “As soon as I got off the phone with her I was like, aw fuck it. If you receive a $0 benefit, this is probably because Lyft and Uber ignore the law that requires them to report driver earnings to the state. Why? If you receive 1099s, you may receive a 1099K and a 1099Misc. In early February, a source inside Lyft told KQED in a conversation on background information for another story that they were surprised the state had not already come after them over AB 5. Begin the process of earnings verification: They will send you to this website: “Income Documentation: Pandemic Unemployment Assistance: Send your 1099 as earnings verification as instructed: EDD will push for tax paperwork such as a Schedule C but their own webpage also says you can send in any information that will verify your income. So I am just going to take the bone that I am thrown. Under the law, known as Assembly Bill 5, an Uber driver and a Lyft driver have filed emergency requests for benefits like sick leave in California courts. The phone call with the woman at the EDD was the last straw. Cross out the zeros and write in the appropriate amounts to the address listed on the upper left-hand corner of the Notice of Unemployment Insurance Award. The California EDD will Begin Accepting Online Applications for Uber and Lyft Drivers for PUA on Tuesday, April 28. Just ask to have a wage audit and to speak with an auditor. We are updating it regularly to match their updates: The UI process asks for your gross income month by month over 18 months. It also, he said, gives the state “a very appealing way” to frame the case: Why is California shelling out money to pay for drivers who are out of work, while Lyft and Uber haven’t paid a dime into the unemployment fund? It’s still not right. Meanwhile, the gig companies have been collaborating to nullify the new law and continue classifying their workers as contractors. Worse comes to worse California unemployment will find out you were earning wages while collecting unemployment and garnish your paycheck until the wages are paid back. This was where everything stood in late February. But instead, Uber, Lyft and other gig companies continued doing business as usual. Are you eligible for unemployment? Drivers' best bet is to ask EDD to convert them to UI. I am sending proof of my earning via tax information via US mail. Begin process on EDD Website: https://www.edd.ca.gov/Unemployment/UI_Online.htm BUT - you may qualify for UI based on work you did BEFORE the law came into effect. In California, a former Uber driver has been awarded unemployment benefits, as the Employment Development Department has ruled that drivers are employees, even though Uber … If you're on PUA based on driving for Lyft or Uber before December 2020, you're actually SUPPOSED to be on UI, as you accrued those earnings under California law as an employee. It has been two months already with little to no work — and there's no prospect of that changing anytime soon. Early after passage of the CARES act, states including California were slow in offering unemployment for gig workers because how do you verify income? Drivers have tons of expenses — gas, wear and tear on their car, phone bills — meaning their gross is much higher than their net earnings,  which means they would earn more money through UI instead of PUA. By getting onto UI, you will have greater benefits: Because of recent letters from EDD to PUA recipients saying they OWE money because their benefit was based on gross instead of net, we're recommending drivers use the instructions below to ask EDD to convert their benefits to UI because they were misclassified employees. Then in 2018, the California Supreme Court issued a landmark ruling that made it much harder for companies to classify their workers as contractors. She says it is disappointing that a EDD representative would tell a driver to apply for PUA instead of UI. Unemployment insurance (UI) is based on the 18 months of employee earnings previous to when you file your claim. A driver adjusts his face mask as Uber … Lyft and Uber are among companies backing a California ballot measure that would keep drivers as independent contractors. A number of drivers KQED spoke with complained about getting conflicting information from the EDD, either by phone or on the website, about what to apply for and how. Numerous drivers have posted on social media about getting UI. Open Letter to State Unemployment Insurance Agencies on Uber & Lyft Drivers We are professors and researchers, each of whom has expertise relevant to the question of whether drivers of transportation companies Uber and Lyft are employees for purposes of state unemployment insurance. There are numerous reasons drivers like Wagle want state unemployment insurance instead of PUA. If you grossed more than $46,800 in the last year, you are eligible to receive the maximum UI benefits of $450/week, and you don’t have to break down all your earnings. If you have a lot of figuring to do, you may find these worksheets helpful: Uber Worksheet and Lyft Worksheet . Advertisement Our advice: file for regular UI – best instructions are below. Will The State Get It Back? The California @CA_EDD will begin accepting online applications for Uber and Lyft drivers for PUA on Tuesday, April 28. Without paid leave, drivers “will need to work while sick to make ends meet,” a lawyer for Lyft drivers in California said in a filing late Tuesday in San Francisco Superior Court. Because it is considered an earned benefit, it does not fall under the “public charge” category, and will not count against future immigration status for documented workers. I am just going to go apply for this PUA. [Note: the law will go into effect sometime in the middle of December - depending on when the election results are finalized.]. Converting your PUA benefits to UI will probably fix your issue.Long Answer: Recently, many drivers on PUA have received correspondence from EDD asking for income verification for the purpose of ensuring the correct benefit amount. It’s not right.”. In 2018, New York’s unemployment … Archived. WIRED reported in September 2015 that the California EDD had extended unemployment benefits to a California Uber driver that pre-dates the Ely case. If your benefit was smaller than it should be - and not based on ALL your lost earnings, this process will help you as well. If it’s less than that, you’ll want to divide your 1099MISC by 4 and add that to your best quarter. She’s been without work for almost two months. Drivers worry that if the pandemic continues, the federal government will be less likely than California to extend the assistance. He is so happy to have finally gotten some income. “Then finally she says, ‘Listen, you want my advice, just apply for the PUA. SHARE THIS ARTICLE. California Unemployment and Uber. It's been a long road for Lyft & Uber drivers when it comes to the PUA (Pandemic Unemployment Assistance) and getting unemployment benefits. The EDD website is being updated on a daily basis, but the basics are here - though this may be slightly behind. Close. Here's how. The legislation could transform the so-called "gig economy," which is made up of independent contractors. Local drivers and advocates say they’re due … Remember, we’re not legislators or lawyers – but we arehere for you, and doing the best we can to share the information we discover as our research comes in. You'll have to go through a process with EDD to verify your earnings. Uber drivers in Southern California sought enforcement of the new California law in an April protest so that they may qualify for unemployment insurance amid the COVID-19 pandemic. But Lyft and Uber have not paid a cent into the state's unemployment fund because the gig companies have continued to classify their drivers as contractors. You'll need to tell them you've been mistakenly been put on PUA because you are a misclassified employee as a Lyft/Uber driver - and follow our instructions below. Last year, the state of New Jersey sent Uber a bill for $650 million in unpaid unemployment insurance for its drivers. For others, that may not be the case. Because Lyft & Uber have defied the law and issue 1099’s for us, we are considered “misclassified” – the state and EDD see us as employees, but our bosses don’t. The New York Department of Labor (“DOL”) issued initial determinations, finding that the Claimants were employees of Uber and that Uber was liable for additional unemployment insurance contributions based on monies paid to Claimants. The California EDD will Begin Accepting Online Applications for Uber and Lyft Drivers for PUA on Tuesday, April 28. Don't have an account? It is approved to draw from the federal government as much as $10 billion by the end of July. If you need to break down your earnings on a monthly basis to show your quarterly gross earnings accurately and hopefully get a higher benefit, we’ve got specific information on how to do that within the Uber and the Lyft apps:  Uber Process and Lyft Process. In California, a former Uber driver has been awarded unemployment benefits, as the Employment Development Department has ruled that drivers are employees, even though Uber … Uber driver is driving while getting unemployment While the world’s economy is reeling from the effects of COVID-19, there are those that are gaming the system. The driver in Daly City says he is getting the max in state benefits: $450 a week. If you drive for Uber or Lyft, you can write the following (filling in the appropriate information):I am an employee driver of _____. PUA is calculated on net earnings, what you earn after all expenses are deducted. Some of us only receive tax info for the year via the app. Labor advocates worry that if drivers opt for PUA, which is a more straightforward process than getting UI, it will lend credence to the argument Uber and Lyft are making that their workers are indeed contractors, not employees. While Wagle finally settled for PUA, other drivers have actually gotten through and received UI. Drivers have reported much concern that they will have to pay back EDD for this “overpayment”. California bill passes to classify Lyft, Uber drivers as employees. Wagle desperately needs the money. I usually file for unemployment but my last job I quit so Im ineligible. One reason to make calculations before requesting conversion: If you’re earning the PUA minimum of $167. You’ll need to make sure you are filling in the bi-weekly certifications every week – see below. The rare … “The state’s AG has resources to do this,” he said, adding that government entities are often underfunded when it comes to battles with large corporations. Normally, only workers who get a W2 from their job (either part time or full time) are eligible for unemployment benefits. Lyft and Uber in California did make concessions ahead of the Prop 22 vote, though. To get UI, a driver has to apply, get told they qualify for zero dollars because their employer did not report earnings or contribute to the fund, then appeal that finding, and finally go through an audit where they have to prove to a representative of the EDD how much they earned and that they should be classified as an employee, not a contractor. It is our position that NO DRIVER should owe any money based on being put on PUA in error. California bill passes to classify Lyft, Uber drivers as employees. Undocumented drivers should not apply. Then the pandemic hit and brought on the scenario that labor advocates have been warning about for years: Business has plummeted. It's been a long road for Lyft & Uber drivers when it comes to the PUA (Pandemic Unemployment Assistance) and getting unemployment benefits. But he didn't want to give up and settle for PUA instead of UI because he didn’t want federal taxpayers to contribute to his unemployment when Uber and Lyft weren’t. According to the 1099-K for 2018, I earned $XX,XXX between October and December 2018. California is not the only state where many Uber and Lyft drivers have not received the employment protections to which they appear to be entitled. Benefits extend up to 59 weeks, instead of being over on 12/31/20 like PUA. In California, with unemployment benefits now expanded to ride-hailing drivers, the state will have to try to make Uber and Lyft pay for benefits their drivers receive, Dubal said. 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