Eliminate Forced Arbitration Agreements For Gig Workers

Eliminate Forced Arbitration Agreements For Gig Workers

The Issue

I am a Grocery Delivery Driver who also provides Delivery services on other gig platforms such as rideshare, restaurant and package delivery. 

Recently, I have noticed that on majority of the gig platforms drivers are asked to sign a mandatory arbitration agreement in order to continue working on these platforms. 

After careful research I found out why. Companies were being sued in class action law suits for what workers perceived to be unfair business practices. For example: Not giving drivers their tips, not paying drivers on time, forcing drivers to take orders they don't want by manipulating the system and having so much control over drivers that they should be classifying us as employees instead of independent contractors. 

Because companies were being sued for these things and having to pay they sought to find a way to be able to get away with doing these things to gig workers without having to worry about being sued. 

Enter Forced Arbitration Agreements. With forced arbitration gig workers can no longer band together and sue companies in the public eye. Instead,  each worker can only arbitrate their grievances privately ONE AT A TIME. Not as a group. 

Not only does these Forced Arbitrations take away the gig workers right to fight big companies as a group but you have to fight on their playing field. Sure they say you will get a fair shake but in reality these companies are more connected to the lawyers and judges than YOU are. Meaning your private hearings are not heard in a PUBLIC  court of law, but, instead an arbitration hearing would be heard at a PRIVATE location of the company's choosing in front of a lawyer or judge of their choosing as well. They will try to tell you this isn't true but the reality is these people just don't play fair

This pretty much stacks all the cards in favor of big companies because what PAID arbitration lawyer or judge would risk losing a large company's repeat business by ruling against them? That's like biting the hand that feeds you.

So how will gig workers get a fair shake and have their concerns heard? The answer is we don't. As long as it is lawful for companies to make gig workers sign Forced Arbitration Agreements there will be no fairness in litigation. 

Companies will be able to steal tips, slack on paying workers in a timely manner and control their every move without having to pay benefits or provide equipment. Right now as it stands I provide my own car, my own phone and my own tools to do my work. I pay for my own gas, phone bill and maintenance. 

In spite of me being an independent contractor who provides all my own resources to complete my gig assignments these gig companies have stolen tips from me and other Drivers,  not paid us on time, and they try to FORCE dispatch orders by punishing drivers if we don't accept orders THEY want us to take even if it's not in my best interest to do so.

The practice of forcing dispatch orders onto drivers is usually done with a metrics system called "Acceptance Rate". This is basically the percentage of orders a driver accepts or declines within a certain time frame. 

The problem with assigning Independent Contractors orders and scoring them down if they choose not to accept a particular order is that it is a micro management system that is usually executed in an employer/employee relationship. Not a Independent Contractor/Business Partner relationship. 

As an Independent Contractor I should be able to pick and choose orders that I deem to be good for business. The company shouldn't be "Assigning" me orders then punishing me by lowering my acceptance rate and giving me access to less offers just because I didn't take an offer they tried to force on me. 

Now if I want to change all of the things I mentioned I would have to submit an arbitration request. What can happen when I do this is that I can be retaliated against since I'm not an employee and not covered by any labor laws. 

I will be expected to pay legal fees and the company will also be expected to pay legal fees. If I pay but the company doesn't,  then the arbitration can be dismissed. This happened in a case where 5000 gig workers files individual arbitration against Door Dash. Door Dash refused to pay their legal fees and arbitration proceedings were dismissed. 

See where I'm going with this? How is that fair? At this rate gig workers will NEVER have their grievances heard and companies can continue to take advantage of workers with impunity.

Now, to be fair, most arbitration agreements do give you the option to opt out within 30 days of signing. Problem with this is you still have to sign first, then send a written request to opt out. This information is conveniently located at the very end of that loooooong legal contract they have you sign so good luck finding it. By the time you are even aware you have a choice it's always too late. You're stuck! And everyone will tell you the same thing. You should have read the contract. Nevermind you aren't a lawyer,  never mind lawyers are expensive and Nevermind they could have given you the information up front instead of hidden at the bottom.

Lastly, ask yourself why would they make you sign first in order to opt out? Why not also give you an electronic option to opt out right next to the option to sign? Because they intended to trap you that's why. And it's tactics like this that has driven me to form this petition. 

Please Don't Let Them Get Away It. YOU have the power to change this. By Signing This petition we can take this all the way to the Supreme Court and fight to End Forced Arbitration Agreements for Gig workers.

Thank You For Your Support!

avatar of the starter
James WatsonPetition StarterGig Worker for 8 years
This petition had 100 supporters

The Issue

I am a Grocery Delivery Driver who also provides Delivery services on other gig platforms such as rideshare, restaurant and package delivery. 

Recently, I have noticed that on majority of the gig platforms drivers are asked to sign a mandatory arbitration agreement in order to continue working on these platforms. 

After careful research I found out why. Companies were being sued in class action law suits for what workers perceived to be unfair business practices. For example: Not giving drivers their tips, not paying drivers on time, forcing drivers to take orders they don't want by manipulating the system and having so much control over drivers that they should be classifying us as employees instead of independent contractors. 

Because companies were being sued for these things and having to pay they sought to find a way to be able to get away with doing these things to gig workers without having to worry about being sued. 

Enter Forced Arbitration Agreements. With forced arbitration gig workers can no longer band together and sue companies in the public eye. Instead,  each worker can only arbitrate their grievances privately ONE AT A TIME. Not as a group. 

Not only does these Forced Arbitrations take away the gig workers right to fight big companies as a group but you have to fight on their playing field. Sure they say you will get a fair shake but in reality these companies are more connected to the lawyers and judges than YOU are. Meaning your private hearings are not heard in a PUBLIC  court of law, but, instead an arbitration hearing would be heard at a PRIVATE location of the company's choosing in front of a lawyer or judge of their choosing as well. They will try to tell you this isn't true but the reality is these people just don't play fair

This pretty much stacks all the cards in favor of big companies because what PAID arbitration lawyer or judge would risk losing a large company's repeat business by ruling against them? That's like biting the hand that feeds you.

So how will gig workers get a fair shake and have their concerns heard? The answer is we don't. As long as it is lawful for companies to make gig workers sign Forced Arbitration Agreements there will be no fairness in litigation. 

Companies will be able to steal tips, slack on paying workers in a timely manner and control their every move without having to pay benefits or provide equipment. Right now as it stands I provide my own car, my own phone and my own tools to do my work. I pay for my own gas, phone bill and maintenance. 

In spite of me being an independent contractor who provides all my own resources to complete my gig assignments these gig companies have stolen tips from me and other Drivers,  not paid us on time, and they try to FORCE dispatch orders by punishing drivers if we don't accept orders THEY want us to take even if it's not in my best interest to do so.

The practice of forcing dispatch orders onto drivers is usually done with a metrics system called "Acceptance Rate". This is basically the percentage of orders a driver accepts or declines within a certain time frame. 

The problem with assigning Independent Contractors orders and scoring them down if they choose not to accept a particular order is that it is a micro management system that is usually executed in an employer/employee relationship. Not a Independent Contractor/Business Partner relationship. 

As an Independent Contractor I should be able to pick and choose orders that I deem to be good for business. The company shouldn't be "Assigning" me orders then punishing me by lowering my acceptance rate and giving me access to less offers just because I didn't take an offer they tried to force on me. 

Now if I want to change all of the things I mentioned I would have to submit an arbitration request. What can happen when I do this is that I can be retaliated against since I'm not an employee and not covered by any labor laws. 

I will be expected to pay legal fees and the company will also be expected to pay legal fees. If I pay but the company doesn't,  then the arbitration can be dismissed. This happened in a case where 5000 gig workers files individual arbitration against Door Dash. Door Dash refused to pay their legal fees and arbitration proceedings were dismissed. 

See where I'm going with this? How is that fair? At this rate gig workers will NEVER have their grievances heard and companies can continue to take advantage of workers with impunity.

Now, to be fair, most arbitration agreements do give you the option to opt out within 30 days of signing. Problem with this is you still have to sign first, then send a written request to opt out. This information is conveniently located at the very end of that loooooong legal contract they have you sign so good luck finding it. By the time you are even aware you have a choice it's always too late. You're stuck! And everyone will tell you the same thing. You should have read the contract. Nevermind you aren't a lawyer,  never mind lawyers are expensive and Nevermind they could have given you the information up front instead of hidden at the bottom.

Lastly, ask yourself why would they make you sign first in order to opt out? Why not also give you an electronic option to opt out right next to the option to sign? Because they intended to trap you that's why. And it's tactics like this that has driven me to form this petition. 

Please Don't Let Them Get Away It. YOU have the power to change this. By Signing This petition we can take this all the way to the Supreme Court and fight to End Forced Arbitration Agreements for Gig workers.

Thank You For Your Support!

avatar of the starter
James WatsonPetition StarterGig Worker for 8 years

Petition Updates