The People's Enforcement of AB5 - How to File a Claim
The passing of AB5 was historic and important, giving power to all misclassified California workers to demand basic labor rights and protections.
App-deployed workers who work for companies like Uber, Lyft, Door Dash, Postmates, and Instacart work without basic protections guaranteed to all workers by California law:
- The right to a wage floor – minimum – so no matter what while we’re working we make something. Most app-deployed workers make less than minimum wage after expenses.
- Fair working conditions including overtime pay, meal and rest breaks, sick days, and contributions towards healthcare.
- Expense reimbursement for our extensive use of our cars, cell phones, and gas.
- Workers compensation if we are injured on the job, disability if we lose the ability to work, and unemployment pay if we lose our jobs.
Despite the passage of the law, none of California’s app-based companies are obeying the law.
And our State is so far not enforcing the law.
So it’s up to us.
It’s time for drivers and other misclassified workers to enforce AB5 and show the public and the State of California how much these companies are stealing from drivers – and how it not only violates basic labor law, but is morally wrong. By not following the law, the companies are making huge profits at drivers’ and our communities’ expense.
Why File a Claim?
By filing a claim, we force the State to open their eyes to the problem and these companies’ flagrant violation of the law. We force California’s Labor Commissioner to stand with us, and fight with us, and force the companies to follow the law.
Drivers can join our effort to enforce our rights as employees by filing a DLSE (Division of Labor Standards Enforcement) claim. Like small claims court, DLSE claims are simple, so that anyone can file one on their own. The more claims the State receives for a single employer, the more powerful the message is to the State that their help is needed to enforce the law, and force that company to follow the law.
How to File a Claim with Division of Labor Standards Enforcement
With more than 100 of us drivers filing forms on February 5th, 2020, we have learned some strategies to simplify the process. We will share those steps with you – here! Please stay tuned. That information will be available here shortly.
In the meantime, the state provides this website:
If you feel confident filling it out yourself, that is great. In a few days we will have our shortcuts on this website for you – and that may make it even easier.
What You Need to Know Before Begin Filling out a Claim
The claims forms may look detailed at a glance, but you don’t need to calculate the exact dollar and cent you’re owed. An estimate will be sufficient to file a valid claim and prompt the Labor Commissioner to begin the process.
We recommend before you fill out the claims, think through a few things to help the process:
- How many hours do you drive for each day of the week? How many hours do your drive on a Monday? On a Tuesday? All App-On time is considered work time.
- What is the greatest number of hours you have ever driven in one week, how often do you drive that many hours? What do you think your weekly average is for app-on time?
- What is the least number of hours you have ever driven in one week, how often do you drive that many hours?
- Estimate your monthly cell phone bill, car wash expenses, and other amenities you buy for your passengers on a monthly basis. THESES NUMBERS DO NOT HAVE TO BE EXACT
We will alert people when we have a simplified process posted here – on this website, and on social media :
ON the WEB: https://www.drivers-united.org