NYC Set to Pass Food Delivery App Laws Securing Workers Minimum Pay, Bathrooms and More
September 23, 2021 https://www.nakedcapitalism.com/2021/09/nyc-set-to-pass-food-delivery-app-laws-securing-workers-minimum-pay-bathrooms-and-more.html
The new package of six bills would allow food couriers access to restaurant bathrooms, put limits on how far they can be asked to deliver, set minimum payments per trip and ensure that tips get to workers. “The basic human dignity of delivery workers, many of whom are immigrants, has been ignored for too long across the country,” said Johnson in a statement. “New York City is taking the lead in transforming this industry with a legislative package that will give deliveristas the rights they deserve.”
Comment: It appears the “self employed” category is being misused.
You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.
How is it that delivery drivers self employed when their every trip ((what will be done and how it will be done) is dictated by their “employer.”