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inshur .com FEBRUARY 2020 • BLACK CAR NEWS • 3 4 • BLACK CAR NEWS • FEBRUARY 2020 Neil Weiss EDITORIAL Editor/Publisher GOVERNOR’S ATTACK ON GIG ECONOMY COULD HURT NYC DRIVERS

In his “State of the State” Address in freelance work because of “personal cir - ton] seems genuinely interested in finding January, Gov. Cuomo expressed grave cumstances.” Alisha Grauso from the Cal - ways to improve service at the airports, concerns that “gig economy” workers in ifornia Freelance Writers United also and he’s listening to our input. He was New York are underpaid and aren’t get - noted that freelancers are often likely to agreeable when we asked for the upcom - ting essential benefits, and he wants to be disabled, working mothers or the eld - ing fees to be lowered and he’s the person solve this through legislation. Although it erly. who greenlighted the new bathrooms and doesn’t seem like an unreasonable goal on It would be disastrous if legislation prayer areas for drivers at all New York the surface, his seemingly well-inten - obliterated all the good that The Black Metro-area airports.” tioned efforts could hurt tens of thousands Car Fund has done, particularly in light of of workers across the state. the fact that the state recently expanded Black Car & Livery Task Force Many of those workers – NYC Black The Fund’s ability to add more benefits. In other news, City Council has taken Car and High-Volume For-Hire Vehicle The Fund is actively working on improv - a step closer to creating a Black Car & Liv - (HVFHV) drivers – already receive an ex - ing and adding benefits for its drivers, ery Task Force to “study challenges to the tensive package of benefits through the some of which are expected to be intro - viability of the [traditional] black car and New York Black Car Fund, which was es - duced by the summer. livery industries.” The task force, which tablished in 1999, and has grown dramat - In the meantime, I would like to again would be composed of 11 members, would ically in scope over the years. The Fund recommend that drivers take advantage of issue a report with recommendations to offers drivers across the state access to all that The Fund has to offer. If you are a address the identified challenges. free and discounted benefits through a Black Car Fund driver that hasn’t already It is my sincere hope that the industry small passenger surcharge; this includes signed up for their free benefits and access is well represented, and that the Task Force medical, vision, dental, accident support, to discount programs, please do so as soon is established sooner rather than later. workers comp and paid safety classes. as possible by calling (833) 814-8590 or Unfortunately, Mr. Cuomo doesn’t visiting https://driversbenefits.org/acti - Doug Schifter Remembered seem to be learning from the mistakes of vate-now/?utm_source=WB . Before I sign off this month, I wanted others. He said he wants to mirror a sweep - to take a moment to remember my friend ing law passed in California last year, Port Authority Crackdown Doug Schifter, who tragically committed known as AB5, which has had some pretty Speaking of the Black Car Fund, its suicide on February 5, 2018. I still think severe, unintended consequences – includ - executive director Ira Goldstein recently about Doug almost daily and dearly miss ing the loss of hundreds of freelance jobs. met with officials at the Port Authority, his columns. So many of the things he pre - NYC drivers won’t be the only people who are planning to crack down on illegal dicted came true. I always enjoyed our affected. In California, independent con - activities by unlicensed drivers, dramati - conversations and learned a lot from him. tractor writers, artists, filmmakers, pho - cally increasing fines and making it more Doug was a genuinely decent man, tographers, actors, yoga teachers, difficult to register vehicles if they have who wanted nothing more than for his fel - journalists and editors are among those outstanding summonses. The PA’s new ex - low drivers – his “brothers and sisters” – complaining that AB5 is causing far more ecutive director, Rick Cotton, deserves to get a fair shake and for the industry to problems than it is solving. Many workers credit for taking the time to meet with Mr. return to its former self. prefer the flexibility of independent con - Goldstein, as well as representatives from The second anniversary of Doug’s tractor status. all of the major industry organizations, in - passing approaches as I type this. We are According to a Jan. New York Post edi - cluding the Independent Drivers Guild, finally starting to see some positive torial titled, “Cuomo doesn’t care who else The Livery Roundtable and the Livery changes in the industry, even as the tur - gets hurt by his war on the gig economy,” Base Owners association. moil continues. I just wish Doug was here nearly half of “gig” workers say they need According to Mr. Goldstein, “[Mr. Cot - to help us all sort it out.

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S Commissioner's Corner — By Bill Heinzen ...... 20 The Black Car News is published I Adv. Sales Mgr./Art & Design: monthly on the first Tuesday of From the Desk of Diana Clemente ...... 24 Michele Norton each month except holidays. All Direct line: 856.262.2368 inquires should be directed by S Defensive Driving – By Bertram Merling ...... 27 [email protected]

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H any typographical errors in its ad - Matthew W. Daus, Esq. Drivers United — By Brendan Sexton ...... 32 Ira Goldstein vertisements. The views ex - T Bill Heinzen pressed in the articles of IATR Outlook — By Matthew W. Daus ...... 36 Bertram Merling contributing columnists are Roberta C. Pike solely those of the author and not

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IRA’S INSIGHTS BY IRA J. G OLDSTEIN

Hello to all! I hope everyone is staying would also like to commend Rick Cotton and the gig workers along lines that are identical to the warm this winter. We’ve been lucky with snow Port Authority for the steps they have taken to ABC test which was codified by California’s so far and I hope that continues throughout make our airports more accessible and friend - AB5 bill. Due to this, the task force’s activities February. January has been a remarkably busy lier to drivers, such as creating additional bath - and recommendations will be something we month on many fronts and I have a lot to cover rooms and establishing meditation rooms. need to monitor closely. in this month’s article. Let’s go right into it. These types of actions are not overlooked and In a perfect world, a model like The Black First let’s touch on some news within the are certainly appreciated. Car Fund would be used to provide portable City. Right before the New Year, a State Court The language in Cuomo’s proposed budget benefits to independent contractors, while pre - Judge annulled the TLC’s new rule, set to take would take the adjudication of airport hustling serving the flexibility that drew them to those effect in March, which would have limited out of the hands of prosecutors and give it to the jobs in the first place. Late in January, I met “cruising” time for FHVs. It was aimed at re - State DMV’s Traffic Violations Bureau. It with Assemblymember Clyde Vanel, Chair of ducing congestion by making it more costly for would also significantly increase mandatory the Subcommittee on Internet and New Tech - Uber and Lyft to let their drivers cruise around fines, starting at $3,000 for the first violation, nology, to talk about The Fund’s history and while waiting for passengers. In his decision, $5,000 for a second and $10,000 for a third or our unique model. He was very engaged in our Justice Lyle Frank called the regulation “arbi - subsequent violation. Coupled with this would discussion and it’s clear that he recognizes its trary and capricious”. He also suggested that be mandatory license and registration suspen - benefits and potential application. the rule might cause drivers to avoid picking up sions for violating the rules, beginning with 30 riders further from the core of the city because days for the first offense, 90 days for a second the time driving to the pickup location would offense and 180 days for a third offense. Also, count against them. the licenses would not be reinstated until the While the TLC is likely to return with a re - fines are paid. It would even provide a mecha - vised rule, The New York City Council wasted nism for vehicle forfeiture in cases where the no time in coming out and saying that they are owner is found in violation of the updated rules working on their own solution. They have hired on two or more occasions. transportation analyst Charles Komanoff and The final piece would allow the DMV Com - together they plan to introduce legislation to ac - missioner to deny the registration of any vehicle complish the same goal. The hiring of Komanoff whose registrant has consistently shown an in - is particularly concerning because he has pre - tention to operate illegal taxi and FHV services viously represented taxi fleet owners and has at the airports. While these updates could still been an outspoken supporter of a “per-minute” be amended before the budget is passed, it’s Vanel understands that, in many ways, based congestion surcharge that would be likely that they will stand because the budget New York already solved the gig economy prob - based on the amount of time vehicles spend in needs to be passed swiftly. I for one applaud lem 20 years ago with the creation of The Black the central business district. If this were to hap - these changes, as punishing the few bad actors Car Fund. I even recorded an interview with pen, it’s likely that taxis would be exempt from is good for the industry as a whole. him that will appear on his YouTube series the surcharge while FHVs face the brunt of the Speaking of Cuomo, let’s move onto some “Clyde’s Corner”. When it’s published, we will burden. This is an issue that the FHV industry state issues. Last month, I spoke about the gig link it on our social media! will want to monitor closely for developments. economy in the wake of California’s AB5 and To close, I’d like to let you all know that, in Another issue the city has faced for far too what the State has been considering to do in February, we are officially launching a new ben - long is the illegal hustling and solicitation that New York. Leading up to Cuomo’s State of the efit for our Covered Drivers. It’s called “Safety occurs at our airports. LaGuardia, JFK and State Address, the million-dollar question was Advancement for Excellence in Driving Newark are the doorways to our city, and being what, if anything, the Governor would say (S.A.F.E. iD) and will be running as a pilot pro - harassed by unwanted solicitation for rides is about this issue. When the time came, Cuomo gram over the next several months. The pro - not the first impression we want to give visitors. praised the gig economy but was critical about gram uses telematics technology, in the form of Frankly, it reduces the quality of life for every - how exploitative it was on workers when it a dashboard camera and/or an on-board device one, native New Yorkers included. At a City came to fair pay and benefits. (OBD) to keep you connected with The Black Council Transportation hearing late in Janu - In his proposed budget, Cuomo included Car Fund for Workers’ Compensation purposes ary, Acting TLC Commissioner Bill Heinzen language that addresses this issue and would and help you to take steps towards becoming testified that the TLC would be meeting with establish the “New York Digital Marketplace one of the safest Drivers in the industry. Your the Port Authority to discuss enforcement of Worker Classification Task Force”. This task safety is always our number one concern, and as this issue. force would convene in order to provide Albany an active participant in this new program, we I also met with the Port Authority to dis - with legislative recommendations to address will have you covered better than ever before. cuss language in Governor Cuomo’s proposed several concerns, including: wages, the proper In the unfortunate event that you are in - budget that would update the vehicle and traf - classification of workers, the criteria necessary volved in an accident on the job, the S.A.F.E. iD fic law and would be incredibly effective in curb - to determine if a worker is an employee, laws device will notify us immediately and help start ing this practice. The meeting went well and regulating safety and health for current inde - the claims process immediately! There are also the Port Authority recognizes that this issue is pendent contractors, collective bargaining many more perks that the program offers. You important to the entire ground transportation rights, anti-discrimination, opportunity and will have the ability to see your driving statis - industry. privacy protections, and any other necessary tics, receive tips on the areas in which you can statutory changes. improve your driving, participate in fun pro - The task force would consist of nine mem - gram challenges and even earn rewards for bers, seven appointed by the Governor, one by your accomplishments. Also, the first Drivers the President of the Senate and one by the that register for the program will receive a Speaker of the Assembly. The language also in - large bundle of exclusive S.A.F.E. iD branded tends for these members to come from impacted safety gear for you and your vehicle! I encour - businesses, labor groups and workers, but un - age every driver to visit www.nybcf.org/safeid fortunately does not require them to be so. Ul - and sign up for this program. timately, the task force would be required to We are also excited to be working on report their findings and recommendations to launching some new driver benefits, such as the Governor by May 1st, 2020. However, if the hearing coverage and online counseling. We ex - task force’s recommendations were undecided pect to start rolling them out by the Summer. or if they failed to create a report by the dead - As always, please don’t hesitate to reach out to line for any reason, the language in the pro - us if you have any questions or would like to posed budget also empowers the NY State learn more about The Black Car Fund and the The only ones who would oppose this are Department of Labor to implement regulations benefits we offer to black car drivers throughout those who are part of this illegal practice. I to determine the appropriate classification of New York. Until next time! Ira J. Goldstein is the Executive Director of the New York Black Car Fund, Chief Operating Officer of the Black Car Assistance Corp. (BCAC), and Treasurer of the Coalition of Transportation Associations (COTA). BLACK CAR NEWS N6 • EWS • FEBRUARY 2020 CLIMATE CHANGE, GEOPOLITICS AMONG TOP 2020 CONCERNS

According to an International SOS Business Resilience Trends Watch survey modes of or accommodation, ac - risks forecast for 2020, the top 10 health that polled over 1,300 decision makers, cording to the report. and security risks for business travel in the top reasons business travel managers Additional findings from the report: 2020 come from geopolitical shifts, climate expect to change itineraries in 2020: 51% just 11% included shared economy serv - change, mental health issues, physical believe that health and security risks in - ices in their travel policy; only 26% of or - health, cybercrime, infectious disease out - creased in the past year and 47% antici - ganizations include considerations for breaks and bleisure travel. pate risks will rise in the coming year. female travelers in their travel policy; 31% Millennials and Gen Z are also enter - The report also notes that emerging cover cyber security; 11% include consid - ing the workplace with different prefer - traveler habits, both domestically and in - erations for LGBTQ+ travelers; mental ences, expectations and attitudes to risk. ternationally, and diversification of the health issues are included in a mere 15% High-profile duty of care legal cases, as workforce are creating grey zones of risk. of travel policies; considerations for trav - well as under-resourced and inexperi - Employers are not yet aligning travel poli - elers with disabilities are covered by only enced start-ups mean corporations may cies with new potential risk factors, and 12%; and bleisure travel was covered in struggle to meet duty of care obligations. people are choosing not to act within pol - 22% of policies. Alongside these predictions from a icy if it restricts their use of preferred Source: TTG Asia NEW YORK OFFERS BETTER “FIX” FOR GIG ECONOMY THAN CALIFORNIA

Last year, California enacted legisla - with the law. more people. Instead of going down the tion that could force app-based compa - Meanwhile, a federal lawsuit filed by same path as California, New York law - nies to make anyone who works on their Uber and Postmates claims the law is un - makers could build on the existing sys - platforms employees. The law has al - constitutional, citing, among other tem created by the BCF, which already ready created confusion and unintended things, “a list of exemptions that carve gives many “gig” workers support with - consequences for dozens of industries. out of the statutory scope dozens of occu - out forcing them to give up their flexibil - Meanwhile, New York has proven there pations… There is no rhyme or reason to ity. is a better path forward for the popular, these nonsensical exemptions, and some For decades the Fund was limited in new, flexible mode of working, while also are so ill-defined or entirely undefined the kinds of services it could provide, but providing workers real protections and that it is impossible to discern what they legislation signed by Gov. Cuomo in De - benefits: By expanding on the model of include or exclude.” cember allows the organization to offer a the Black Car Fund (BCF), the state can Despite the issues California’s legis - broader range of protections and benefits, take a significant step toward improving lation has already created, some New including health care. Through a small outdated, century-old labor laws. York legislators seem interested in pass - fee paid on each trip, the Fund provides California’s new law has resulted in ing a similar law. Not only would requir - workers compensation, vision care, independent musicians being warned ing gig workers in New York to become telemedicine, mental health care, well - they’ll no longer be able to record in employees reduce their flexibility and ness services and much more. The Fund many studios and truck drivers learning eliminate possibilities for thousands of is already working on new benefits for its their pay could plummet. In December, people who value their independence, but members, which will be unveiled and in - Vox announced it would lay off 200 free - it’s not even clear it would lead to better stituted in 2020 and beyond. lance journalists in an effort to comply work conditions, with more benefits for Source: The Daily News CITY COUNCIL CONSIDERS ITS OWN HVFHV CRUISING CAP New York’s City Council, together ways to cut congestion to city council, in - TLC tried to reduce the amount of time with a transportation consultant Charles cluding “time-based surcharges” on HVFHV drivers spend without passen - Komanoff, are considering introducing HVFHV rides within the central business gers in the central business district to legislation to accomplish what the city district and on cruising. According to his 36%, down from the 41% rate they had in has been unable to do so far: discourage testimony, Komanoff would deploy tech to 2018. After six months, the rate would “cruising” for rides by High-Volume For- track the whereabouts of HVFHVs and have been further reduced to 31%. Judge Hire Vehicle (HVFHV) drivers in Man - whether they are carrying passengers, so Frank called the cap “arbitrary and capri - hattan’s central business district. Sources fees can be imposed. Currently, the city cious.” say Komanoff has been working on a relies on app-based operators to self-re - “These 85,000 [FHVs] create signifi - study for Speaker Corey Johnson to out - port their vehicles’ routes, which presents cant environmental problems, as well as line how best to regulate “trawling” – the some difficulties as the drivers switch be - make it a headache for New Yorkers to practice of cruising empty below 96th tween apps. get around the city,” acting commissioner Street in Manhattan waiting for a , Last month, state Supreme Court Bill Heinzen responded. “We put these which is believed to add substantially to Judge Lyle Frank threw out the cap on rules in place to protect hardworking congestion. cruising rates imposed by the Taxi and drivers and New Yorkers – and we’ll fight Over a year ago, Komanoff, a longtime Commission (TLC), which to keep them.” advocate for congestion pricing, suggested were set to go into effect in February. The Source: Crain’s New York Business CHECKOUT OUR ONLINE EDITION www.BLACKCARNEWS.com FEBRUARY 2020 • BLACK CAR NEWS • 7 Concord Limousine DRIVERS WANTED no dues, no radio fees 712 3rd Avenue • Brooklyn NY, 11232 Please Ask for Roman or Eugene

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CALL 917-882-9100 This advertisement is not an offering. An offering can Waheed only be made by prospectus filed first with the Depart- ment of Law of New York State. Such filing does not constitute approval by the Department of Law of the 646-642-2302 State of New York. Base License # B00628. Eugene 8 • BLACK CAR NEWS • FEBRUARY 2020 NEWS RENEWED WARNING: FHVS, TAXIS MAY HAVE OPEN SAFETY RECALLS New warnings were issued in De - Fortunately, you can go online and cle isn’t currently subject to a recall cember that New York City Taxis and easily find out if your vehicle is subject doesn’t mean that it won’t get one in the For-Hire Vehicles (FHVs) may be oper - to a recall. Here’s how: future. For that purpose, the NHTSA ating with open safety recalls. A review also offers an email notification system by the Center for Auto Safety (CAS) 1. Find your unique 17-digit Vehicle if you want to receive alerts about re - found that thousands of cabs in NYC Identification Number (VIN) . You can calls. and across the country are not required find the VIN on most vehicles by stand - by regulators to get safety recalls fixed ing outside the front windshield and 3. Visit Safercar.gov . Aside from before picking up passengers. The re - peering down at the lower, driver’s side NTHSA’s site, one of the best online re - calls can include deadly defects such as corner of the dashboard. Some cars also sources for safety information on your faulty airbags. have it printed on the emblem on the car is Safercar.gov , a site run by the CAS Executive Director Jason driver-side door jamb. If you can’t locate U.S. Department of Transportation and Levine is calling for change, asking reg - your VIN, check your vehicle title or powered by NHTSA. Safercar.gov also ulators to require companies to fix those registration or look in your insurance offers crash ratings, complaints and de - recalls before picking up customers. A documents. fects, tire safety tips, information on review by the center found that more safety technologies, car news, and child than 35,000 cabs licensed in 9 US cities 2. Use the NHTSA recall checkup tool. car-seat guidelines. are not required by their regulators to Next, visit the National Highway Traf - get safety recalls fixed before picking up fic Safety Administration’s (NHTSA) re - 4. Register with Carfax. Carfax works passengers – including issues like defec - call lookup page. Enter your VIN into as a compilation of all of your vehicle’s tive Takata airbags, which have killed the provided search field and the re - various records, including accident re - at least 24 people worldwide. sults will show the number and type of ports, service schedules and recall The Transportation Alliance, a safety recalls that apply to your specific alerts. If you register your car with Car - trade group representing fleet owners car. If you don’t get any results, your ve - fax’s Vehicle Recall Check, you’ll get no - in 250 cities worldwide, said in a state - hicle is not part of a current recall. tified when your car’s manufacturer ment that “safety is the first order of It’s also a good idea to run the VIN reports a new recall. The platform gets business” and noted that its members when you buy a used car so you know if this information directly from carmak - “will of course be bound to follow what - you will need to deal with any safety is - ers, which puts them on the pulse of ever regulations are in place.” The sues once you take ownership. The new service issues as soon as they go group believes the same regulations search tool covers the last 15 years of public, as well as previous recall cam - should also apply to app-hailing serv - recalls. paigns you might not have resolved. ices like Uber and Lyft. Aside from car recalls, you can also You’ll also be able to glean a more de - Accidents caused by unrepaired use NTHSA’s site to check for recalls on tailed view of your vehicle’s history. safety defects are not directly tracked vehicle accessories like car seats, tires, so it’s not possible to know how many and other car-related equipment. Sources: CBS New York , injuries or deaths are related to them. Important: Just because your vehi - CBS This Morning , Kim Komando 6 PEDESTRIANS DEATHS IN 3 DAYS IN DEC. IN NYC

In a deadly 72-hour span in Decem - spite strides by Mayor Bill de Blasio’s ad - more likely than cars to kill pedestrians ber, one woman was killed by a truck ministration and the City Council to in - due to their size, and the proliferation of backing up; another person was struck by crease street safety. smartphones, which distract drivers and a private sanitation truck; a third was hit As part of the mayor’s Vision Zero pedestrians alike. by three vehicles at once; a man was hit program, the city provided safety up - In Dec., city officials announced plans by a car as it turned into a parking grades and installed an additional 224 to increase police enforcement efforts tar - garage while he was walking near Main speed cameras throughout the city in geting commercial trucks, which were in - Street in Flushing; a woman crossing 2019. In October, the mayor and City volved in four of the six pedestrian 52nd Street in Sunset Park was hit by a Council agreed on a $1.7 billion plan to deaths. It is not unusual, city officials driver making a left turn; and a box truck drastically expand the number of pro - say, to see a spike in traffic deaths to - driving down Third Ave. near Sunset tected bike lanes. ward the end of the year, when there are Park hit a man crossing the street. In the U.S. more pedestrians and cy - fewer daylight hours and more pedestri - In total, six pedestrians were killed clists were killed in the past year than in ans, cyclists and drivers are drawn out to between Dec. 18 and 20, in a spate of any year since 1990, according to a report the streets during the holidays. traffic crashes in Manhattan, Brooklyn released by the National Highway Traffic As of early Jan., two people were ar - and Queens. Their deaths reminded res - Safety Administration. To explain the in - rested in connection with two of the col - idents and officials of the dangers that crease in deaths, researchers point to the lisions. still plague New York City streets, de - popularity of SUVs and trucks, which are Source: The New York Times

FIND OUT MORE ABOUT WWW.BLACKCARNEWS.COM OUR AD RATES FEBRUARY 2020 • BLACK CAR NEWS • 9 NEWS “DOLLAR VAN” DRIVER CLIMBS ONTO VEHICLE, INCITES MOB The lingering feud between the Taxi unmarked vehicle. The officers were & Limousine Commission (TLC) and un - writing up the fine when the irate driver, derground “dollar vans” boiled over in identified by police as 34-year-old Kirk Brooklyn in Jan., when a driver of one of Ranger, climbed onto the roof of the van. the illegal shuttle vans jumped on the “They’re harassing me,” he roof of his vehicle and refused to come screamed. “I didn’t do anything wrong.” down for an hour – or pay a $500 fine. Ranger was wrestled to the ground More than a dozen cops had to be dis - by police about 9:00am and taken off in patched to the scene on Flatbush Ave. an ambulance. A spokesperson for the and Avenue D around 8:00am on Jan.2, TLC said he spit in the face of an agent after the driver’s escapades drew an un - and left two agents with minor injuries ruly mob. from the scuffle. The NYPD was called The discount shuttle vans have been in as backup after an angry crowd gath - a thorn in the side of the TLC – and tran - ered. sit drivers – since they first surfaced Ranger was hit with a slew of during the city’s 1980 transit strike. They charges, including two counts of assault are often used in poorer immigrant of a police officer, resisting arrest, ob - neighborhoods in Brooklyn, Queens and TLC officials said the van and driver struction of governmental administra - Chinatown; commuters pay just $2 to $3. that sparked the unrest were unlicensed. tion and disorderly conduct. He was also Since 1990, the van drivers have been al - The van was pulled over on Flatbush cited for operating a vehicle without in - lowed to apply for city permits and go Ave. by TLC enforcement officers in an surance and not obeying a police officer. legit, but few do so because of the cost. Source: The New York Post

A UPS driver was allegedly “worked to death” after delivering up to 240 packages a day during grueling 12-hour shifts. The fa - ther of two, Paul Crush, 42, died after suffering a suspected UPS DELIVERY DRIVER heart attack at his depot in Essex, England in December. Mr. Crush leaves behind wife Tracy, 40, daughter Lily, 8, and four-year-old son, Harry. A friend described seeing Crush ex - “WORKED TO DEATH” hausted, even before starting his shifts. He said Crush told him he was struggling to get out of bed in the morning. Source: Daily Star COMING SOON

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TLC INSURANCE SPECIALISTS FOR OVER 50 YEARS Workers Compensation & Liability Black Car Yellow Taxi Car Service Green Car ▪ ▪ ▪ Physical Damage Easy Online Payments Renew Your Policy Online Medallion Black Cars Make Policy Changes Online Car Service● • Ambulette Download Policy Documents Great Customer Service HEREFORD INSURANCE COMPANY 6 Offices in NYC 36-01 43RD Ave. • Long Island City, NY 11101 NO Tel: 718.361.9191 | www.HerefordInsurance.com BROKER Help STOP Insurance Fraud! FEES To Report Fraud Call 1-866-HEREFORD 36-01 43RD Ave. Long Island City, NY 11101 Tel: 718.361.0033| [email protected] www.PearlandNY.com FEBRUARY 2020 • BLACK CAR NEWS • 15 NEWS GOV. CUOMO SIGNS NEW LIMO SAFETY LAWS In January, Gov. Andrew Cuomo Cuomo, include an “outright ban” on the ture of vehicle. agreed to sign new limousine safety reg - registration of remanufactured limou - Additional changes include requir - ulation laws, due in large part to the sines, prohibiting their operation in ing mandatory reporting by inspection deadly limo crash in Schoharie, NY that New York State; a requirement that stations to DMV if a vehicle attempts an killed 20 people in October 2018. Limos drivers hold a commercial driver license unauthorized inspection; creating new will be required to have at least two seat with a special passenger endorsement to criminal penalties for any DMV-regu - belts for the front seat and at least one operate a for hire vehicle with eight or lated inspection station that illegally is - in the rear for each passenger. Limo more passengers; making it a felony to sues an inspection sticker; prohibiting drivers carrying at least nine people will remove an out of service sticker placed U-turns for larger vehicles on all roads be required to have a commercial by a DOT inspector from a vehicle with - within the state; eliminating the excep - driver’s license. Drivers will be subject out having the vehicle re-inspected and tion to seatbelt requirements for limou - to pre-employment and random drug/al - cleared by DOT to return to service and sines, , taxis, liveries, and school cohol tests. increasing the civil penalty to a maxi - buses; and establishing a DOT inspec - The Long Island Limousine Associa - mum fine of $25,000 per violation for tion fee of $120 per inspection for vehi - tion (LILA) weighed in on the package any person found operating with sus - cles subject to such inspection. of comprehensive limousine reforms. pended DOT operating authority or op - The reform package could also re - “[Our] members always stood behind erating a vehicle without authority. quire the DOT and the DMV to establish the issue of safety – never did we fight Other reforms include establishing and publicize a toll-free hotline that al - it,” Penny Casey, LILA’s president said. stronger registration suspension and ve - lows individuals to report safety issues “The accident upstate was ... mechani - hicle impoundment powers, including regarding stretch limousine vehicles or cal. The company had failed inspection an explicit process for immediate sus - drivers. numerous times. Instead of the inspec - pension of operating authority by the “We have tried many times to get an tion station reporting it and impounding DOT commissioner in circumstances appointment and meet with the gover - the limousine, they chose to let it go that endanger the health, safety, and nor, DOT and legislators so we may sit back to the owner, who, in turn put it welfare of the public; authorizing the down with the experts and see how we back on the road for service... The De - DOT and DMV to seize suspended li - can come to an agreement, but they re - partment of Transportation, Depart - cense plates; making it a felony for any fused to meet with us,” added Casey. ment of Motor Vehicles, and state all owner/operator to tamper with a Fed - “This was a one-man show by the gover - failed to do their jobs here – hence the eral Motor Vehicle Safety Standard tag nor, because he knew he had to do some - governor coming down on all the rep - or vehicle inspection sticker; and ensur - thing since the state basically dropped utable ‘legal’ operators in New York ing vehicle impoundment occurs for the ball here with the accident upstate.” State, crippling all of us.” felony violations and subjecting multiple Sources: CBS New York , Patch , The reforms, according to Gov. violators to the potential for civil forfei - The Post-Journal

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By practicing a few “earth-friendly” Get pumped . Keep your tires properly car care habits, motorists can do their inflated and aligned. Under-inflated part to help the environment. According tires waste fuel by forcing your engine to to the experts at the National Institute work harder. Moreover, properly main - for Automotive Service Excellence (ASE), tained tires last longer, saving you it’s as simple as timely vehicle mainte - money and lessening the burden at land - nance and “non-aggressive” driving. fills. The following are some specific sug - Know your limitations . If you’re not a gestions from the ASE: “do-it-yourselfer,” find a good technician. Slow down. Speeding and hard accel - Ask friends for recommendations. Check erations waste gasoline. Use cruise-con - the reputation of the repair shop with a trol on highways to maintain a steady local consumer group. Check out the pace. When waiting for clients or your technicians’ credentials – look for ASE- next job, shut off the engine whenever certified professionals, particularly for possible. Consolidate daily errands. maintenance on things like engine per - Lighten up. Remove unnecessary formance and air conditioning. items from the vehicle to reduce weight. Don’t try this at home . Your car’s air (During a snowstorm it can be a good conditioner should be serviced only by a idea to add weight to improve traction, technician certified to handle and recycle but that’s not the case during the rest of refrigerants. Air conditioners in older ve - the year.) hicles contain ozone-depleting chemicals, Don’t pollute. Dispose of used motor which can be released into the atmos - oil, antifreeze/coolant and old batteries phere through improper service. properly. Some repair facilities accept In addition to helping the environ - these items or call your local government ment, routine maintenance will help for options. your vehicle last longer, get better gas Keep the engine running at its peak . A mileage and command a higher resale misfiring spark plug can reduce fuel ef - price. It’s well worth the effort on so ficiency by as much as 30%. Replace fil - many levels. ters and fluids, as recommended by the Source: The National Institute for owner’s manual. Automotive Service Excellence WHAT YOU NEED TO KNOW TO KEEP YOUR FINANCIAL INFO SAFE Privacy and security are top priorities The best ways to avoid getting scammed • Don’t provide account or personal in - for everyone these days. Keeping personal If you provide your information or send formation via email or text and financial information protected and money to a scammer, there is often little • Don’t trust caller ID – the number secure through responsible information that can be done to get your money back. listed may not be the actual number of collection and processing is essential. Heed the following to avoid becoming a vic - the caller and it’s easy to fake Staying safe requires constant vigi - tim of a scam: • Don’t give an unsolicited caller or so - lance and some important proactive meas - • Don’t send gift cards as payment or licitor your personal information or ures. The best way to avoid getting tricked buy gift cards for someone you don’t codes by scammers is to know the tricks they use know • Don’t pay upfront for a promise and be able to recognize the red flags that • Don’t cash checks for strangers or re - • Don’t click on unsolicited links or at - signal scams. turn funds for overpayment tachments sent via email or text • Never give an unso - Know the red flags licited caller remote ac - The most common types of scams tar - cess to your computer get people through fake emails (phishing), • Don’t wire money texts (smishing), voice calls (vishing), let - without verifying in - ters or even someone who shows up at your structions front door unexpectedly. • Don’t feel pressured No matter which technique the scam - to act immediately mer uses, you may be: • Pressured to send money Contact your bank • Threatened with law enforcement ac - or credit card company tion IMMEDIATELY if you • Told to purchase gift cards and provide are concerned that you codes as a form of payment have been the victim of • Asked to cash a check for a stranger or a scam. send money via wire transfer • Asked to deposit a check that overpays Source: for something you’re selling, and then Bank of America send the difference elsewhere BLACK CAR NEWS 1F8 E•ATURES • FEBRUARY 2020 9 HEALTHY SNACKS NUTRITIONISTS RECOMMEND KEEPING AT WORK

When “hanger” sets in mid-after - charcuterie plate, anyone? Taub-Dix noon, it’s often quick and convenient to loves whole grain crackers. For an grab some unhealthy, processed fast seven grams of protein and 20% of your food. But if you remember to leave a recommended daily amount of calcium, stash of healthy snacks on hand, you’ll pair the crackers with individually save money while boosting your energy wrapped string cheese. You can keep levels, focus and productivity during the cheese in a small cooler. your shift. 5. Popcorn. Kristin Kirkpatrick, Not sure what to stock up on? Try RDN recommends popcorn for its high these delicious snacks that nutrition fiber and high antioxidant value, made pros rely on to make it through the day. with a dollop of grass-fed butter and sea 1. Bars. Bonnie Taub-Dix, RDN, salt. author of “Read It Before You Eat It,” 6. Quest Protein Snacks. It’s hard to recommends Kind Bars. She says she find a decadent-tasting snack that also appreciates the transparent wrappers stabilizes blood levels. Quest pro - that allow you to see the whole ingredi - tein bars and protein cookies, “are easy ents clearly – like nuts, seeds, oats and to grab on the go and satisfy my crav - dried fruit. “The decadent taste and ings when I’m looking for something sweetness from chocolate surprisingly that’s a little sweet but doesn’t make me only brings five grams of sugar, and it feel like I’m cheating,” says Kirkpatrick. also gives six grams of protein and a Quest cookies are certified keto- whopping seven grams of fiber to help friendly, making them a great workday you feel fuller longer,” she says. She snack for those following a keto meal adds that if you’re only slightly hungry, plan. Kind mini bars are a lower-calorie op - 7. Walnuts. “I always have walnuts in tion that delivers on taste. my desk drawer,” says Alexis Schulze, 2. Almonds. When Taub-Dix needs co-founder of Nékter Juice Bar and cer - an afternoon energy boost, her snack of tified health coach. “I like raw walnuts choice is a handful of whole natural al - because they have all the added en - monds, which provide six grams of pro - zymes for better digestion, and they’re tein (equivalent to the amount in an rich in healthy omega-3s.” Since al - egg!), 35% of your recommended daily monds are a common ingredient in value for vitamin E, and 13% of your many snacks, she tries to keep things recommended daily value of fiber, along interesting with this underrepresented with a hefty dose of healthy fats that nut. may help reduce cholesterol levels. “It’s 8. Pumpkin Seeds. Pumpkin seeds, great as a travel-friendly snack or an af - also known as pepitas, are another one ternoon pick-me-up that doesn’t need to of Schulze’s go-to healthy desk snacks. be refrigerated, and it’s easy to store in “They’re actually loaded with calming the can it comes in for easy access when magnesium and manganese, which you’re working on a deadline,” she says. helps with blood sugar,” she says. The If you’re looking for a spicy kick to keep Go Raw pumpkin seed brand is her go- you , Taub- Dix suggests going for to since they’re sprouted and thus po - their Sriracha or wasabi soy flavors. tentially better for digestion. They also 3. Fruit and Almond Butter. A come in interesting, tasty flavors. crunchy, fresh piece of fruit paired with 9. Vegan Rob’s Dragon Puffs. “I’m not a tablespoon of creamy, heart-healthy a huge sweets person,” admits Schulze, nut butter is very satiating. “An apple “[but] I am all about the salty, so I ad - provides fiber and refreshing crunch, mittedly love a good Cheeto. But, when and the protein and healthy fat in al - I want something to satisfy that salty mond butter help smooth out blood craving, I’m loving Vegan Rob’s Dragon sugar levels when eaten along with the Puffs,” adding that thanks to their apple, and keeps you feeling fuller spice, they remind her of hot Cheeto longer.” puffs. 4. Crackers and Cheese. Impromptu Source: Well and Good

“LIKE” FOR BREAK - BLACK CAR NEWS ING NEWS! FEBRUARY 2020 • BLACK CAR NEWS • 19

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Winter Driving training resources can help you work It’s important in the winter to keep a smarter and safer? Some drivers have close eye on the weather and road condi - told us they want to know how to navigate tions. Stay on top of any weather-related the city better, so they do not have to rely vehicle maintenance, such as checking on their phone to map the way. Others your car battery, replacing wiper blades, want to be better prepared to assist pas - keeping windows clear, monitoring your sengers with disabilities because it’s been oil and keeping tires fully inflated. a while since they took the training. We It’s best to drive slowly and remain have also heard from drivers who want to alert, particularly when the roads are practice chatting with passengers, so they slick or icy and visibility is reduced. can improve their tips. We have made it through the dark - Let us know what would help you by est days of winter, but the days are still sending your suggestions to short. We want to remind you to be par - [email protected]. ticularly vigilant and cautious during dusk, nighttime, and dawn. You’re more Campaign to End Service Refusals likely to be involved in a crash when it This month, the TLC launched a pub - is harder to see. More pedestrians are lic awareness campaign to end illegal hurt in crashes during dusk than at any other time of day, espe - service refusals, which will appear in the subway system, on cially during winter when dusk comes during the evening rush buses and , and on social media. The campaign reminds the home from work and school. public that it is illegal for a TLC-licensed driver to refuse a trip Our vision drops tenfold as night falls so drivers may not see because of factors including the passenger’s race, ethnicity, cul - a pedestrian until it is too late. You can make our streets safer tural background, destination, or sexual orientation. by following the speed limit, turning slowly, always scanning for As a reminder, drivers can refuse a trip if a passenger is in - pedestrians, and staying rested and alert. We are appreciative of toxicated, disorderly, has an object that may damage the car, or everything our licensees do to help the city realize the Vision Zero does not have a container for a pet that is not a service animal. goal of ending traffic deaths. Licensees who pick up everyone know they get more trips, take home more money, and protect their TLC Driver License. Education Drivers are critical partners in this campaign. You can help The TLC’s Driver Education Team wants to hear from you! us close the chapter on discrimination in for-hire transportation Last year, the TLC overhauled the driver training curriculum to by serving all passengers and encouraging other drivers to do the better prepare new drivers in the daily operations of for hire driv - same. We are grateful for everything you do to serve the riding ing. We are now turning our focus to experienced drivers. What public. BB-I-C-I-C BROKERAGE BRONX INSURNACE CENTER

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FROM THE DESK CLEMENTE OF DIANA President, Black Car Assistance Corp. SHE WAS 92 AND LOVED CATS Maria Fuertes, a 92-year-old woman tance for Ms. Fuertes’ cats. Ms. Fuertes memory by offering to assist who loved cats, was killed and sexually It is often the case, when an elderly with the cats that she loved. And for any assaulted by 21-year-old Reeaz Khan in person passes away (albeit not so tragi - reader who thinks they don’t have room South Richmond Hill on January 6th. cally in most instances) that the animals in their home for an animal, your lives Ms. Fuertes was from the Dominican they loved so much and who showed them will change for the better if you open your Republic. She lived with her son and col - love and companionship in their final heart and your home to a dog or a cat. lected cans and plastic bottles for a liv - years, are left behind. Because cats do Stop by North Shore to view their ing. She was a cat lover and owned ten not need to be walked like dogs do, cats 14,000 new “Bianca’s Furry Friends” fa - cats. are more often than not the pets left be - cility and take a look around. I promise Upon reading about the unthinkable hind. Then, because there are millions of that you will leave with a smile on your tragedy, North Shore jumped into action. cats in need of homes, it is not easy for face and warmth in your heart. Laura Arendt from North Shore’s Com - remaining family members to place cats Rest in Peace Maria Fuertes and may munity Outreach Dept. reached out to that they themselves aren’t able to keep. God continue to bless North Shore and its Ms. Fuertes’ son with an offer of assis - So, kudos to North Shore for honoring amazing team of support staff.

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This month, we are focusing on the nal their intentions. Remember: If you • Avoid slippery surfaces when prepar - fastest growing cause of accidents: Driver can’t see their sideview mirrors, the ing to lift a heavy object. Wear shoes distractions. We are also offering tips for driver cannot see you. with rubber soles to avoid slipping safely changing lanes and merging, as well • Do not change lanes if you cannot pro - when lifting. as proper lifting techniques to avoid in - ceed with the flow of traffic. Do not • Keep your feet shoulder width apart juries. change lanes and slow down, this may and take small steps. A solid base of cause the vehicle behind you to rear support is important while lifting. Driver Distractions end your vehicle. Always look down the Keeping your feet too close together • Always keep your focus on the road you highway and evaluate the big picture will be unstable, too far apart will hin - are traveling on. prior to changing lanes. der movement. • TLC regulations state that FHV and • In New York, drivers often have to • Bend your knees, keep your head up medallion taxi drivers are NOT per - change lanes due to another driver’s and your back straight. Practice a mitted to talk on a cell phone while op - unsafe actions. Always anticipate a proper lifting motion before you lift an erating a vehicle. “Hands free” devices taxi or changing lanes object. Think about what you are and Bluetooth earpieces are also pro - to respond to a street hail. doing. Focus on keeping your spine hibited while driving. • Always anticipate a taxi or vehicle for straight – raise and lower to the • Never talk on a two-way radio while hire changing lanes after loading a ground by bending your knees. Your your vehicle is in motion. Pull over to passenger and discovering their desti - legs are much stronger than your lower a curb or rest area to accept a radio call nation. back muscles, let them do the work. or to review an email or text. • If you pick up a passenger and discover • Never bend your back to pick some - • Alternate radio stations to avoid get - you need to change lanes abruptly (at thing up. It’s not worth the damage im - ting too focused on music, talk radio, the passenger’s request) let them know proper lifting can cause. weather, sports or news. you will do so only when it is safe, and • Tighten your abdominal muscles and • Do not eat, drink liquids, count money, that safety is your primary concern. engage your core when you lift. This apply makeup or groom yourself while • Always allow a vehicle in front of you will help keep your back in the right your vehicle is in motion. Refrain from signaling a lane change the same cour - position and prevent spinal damage. grooming at red lights as well. tesy you would appreciate. • If you’re straining, get help. If an object • If someone asks for money or directions • Do not pass a bus or a truck on the is too heavy or awkward in shape, find when you stop at a light always be sure right side (unless it is making a left someone who can help you lift. Door - they are completely out of your way be - turn). Always use the left lane for pass - men and bellhops can often assist. fore proceeding. ing on a highway. • Consider wearing a belt designed for • Do not engage in a lengthy conversa - • Being courteous to vehicles changing back support. If you are often lifting in tion at a traffic signal. You could get lanes not only prevents accidents but your job or at home, a lifting belt can dragged into a road rage incident. establishes good public relations for help you maintain a better posture. our often-maligned industry. • Don’t twist or bend. Face in the direc - Safe Lane Changes and Merging tion you are walking. If you need to • Periodically scan your mirrors to be Safe Lifting Practices turn, stop, turn in small steps and then aware of the traffic around you. On a • You will have more strength and sta - continue walking. highway, check blind spots prior to bility if you hold an object close to your changing lanes and signal your inten - body rather than at arm’s length. Bertram Merling is the Loss Control Coordina - tions well in advance. Make sure you have a firm hold on the tor for Hereford Insurance Company. He wel - • Always allow trucks and other large object you are lifting and keep it bal - comes your questions and comments, and can be vehicles to change lanes after they sig - anced close to your body. reached at 718.361.9191 ext. 7235, or via email at [email protected]

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As we enter the second month of a new to shutdown rush hour traffic in NYC in the standing up for drivers and the benefits we decade, I wanted to take a moment to reflect largest gig worker protest to date in the U.S. need in this industry. on the year that recently passed and thank all Our protest caravan caught the attention of For the state’s next legislative session, of the drivers who joined us, and helped our city leaders and national media as we slowly which began last month, the Independent voices be heard. There is power in numbers! rolled over the Brooklyn Bridge, up to Gracie Drivers Guild is urging New York State to es - Only in coming together have we been able to Mansion and over to Uber headquarters, and tablish a right to bargain for ride-hail drivers. win historic improvements for professional we will carry that energy forward as we con - Only under a collective bargaining agreement drivers, and only in coming together will we be tinue the fight for our drivers’ bill of rights and can we force the apps to negotiate any changes able to continue to win the changes we need in the right to collectively bargain. with drivers and finally stop them from mak - years ahead. In the final weeks of 2019, New York’s ing major changes without our input. In 2019, In 2019 we won our years-long campaign Governor Andrew Cuomo signed a law to pro - the Trump administration ruled that under to get running water restroom facilities for tect benefits for thousands of black car and federal labor laws, Uber drivers are contractors FHV drivers at the NYC area airports ride-hail app-based drivers and to authorize the expan - and not eligible to unionize. However, legal ex - lots. It took years of planning, research and sion of driver benefits through New York’s perts say that this ruling has given states an conference calls with the Port Authority. Now first-in-the-nation portable benefits fund, opening to create a right to collective and sec - for the very first time, we have running water known as the Black Car Fund. It’s great news toral bargaining at the state level for those restroom facilities at JFK, LGA and Newark for New York’s hard-working professional driv - workers barred from unionizing at the national airports for FHV drivers, as well as a suitable ers. The Independent Drivers Guild worked level. The Guild has led the charge in New space for prayer or meditation. hard to win new benefits for drivers, including York State calling for the state to pass a right In 2019, the nation’s first minimum pay free glasses, counseling, and telemedicine, so to bargain in 2020 as a next step to build on protection for app-based drivers went into ef - we are glad to see these benefits protected. the New York’s pro-worker leadership. fect in New York City. The apps tried to fight New York has been the nation’s trailblazer At the city level, we are continuing our it, but Lyft lost their lawsuit and were forced in providing crucial benefits and protections for fight for our Drivers’ Bill of Rights, which in - to increase pay to $27.86 per hour. The city ex - professional drivers, and this new law allows cludes crucial rights around our ability to make pects driver pay will increase by nearly our state to continue to lead the nation and ex - a fair living, including blocking the apps from $10,000 per year, which will help end the race pand on that success. We thank New York’s locking drivers out and requiring destination to the bottom of driver pay across the for-hire leaders, especially Governor Cuomo and the filters that allow drivers to control their sched - vehicle industry. sponsors of the new law, State Senator Diane ule, ending unfair deactivations and requiring In 2019 we also held our largest protests Savino (Staten Island-Brooklyn) and Assembly due process. We hope you will join us on these yet, with thousands of drivers coming together member Robert J. Rodriguez (Manhattan) for fights in 2020.

Brendan Sexton is Executive Director of the Independent Drivers Guild, an affiliate of the International Association of Machinists, which represents and advocates for more than 80,000 app-based drivers in New York City. We’re Uber, Lyft, Juno and Via workers united for a fair industry. Follow the IDG on twitter at @drivingguild. WWEE WONWON NYC is the first city to set a minimum wage for App-Based Drivers

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IATR OUTLOOK By Professor Matthew W. Daus, Esq. THE INFAMOUS A.B. 5 – CALIFORNIA VS. NEW YORK: A Primer to Prepare for the Labor Fight of the Century

One of the most oft-mentioned new laws as the standard for determining worker than the minimum wage, plus 30 cents per by many transportation policymakers and classification for the purposes of wage or - mile to cover expenses, with the potential industry stakeholders over the last year ders adopted by California’s Industrial Wel - to earn more without any limits on how and throughout 2020 is the infamous fare Commission (IWC). much drivers can earn. The companies acronym “A.B. 5.” The term stands for “As - Dynamex only applied to wage orders, would also pay drivers a healthcare stipend sembly Bill 5,” which was introduced during while the determination of employee or in - that is consistent with employer contribu - the 2019 term of the California legislative dependent contractor status in other con - tions under the Affordable Care Act – and session, and its notoriety has stuck in pro - texts was governed by the 11-point test eligible drivers could receive the health care gressive circles and is now a term of art rep - adopted in S. G. Borello & Sons, Inc. v. De - stipend from more than one company. Driv - resenting a bold (or some might say radical) partment of Industrial Relations (1989) 48 ers would also receive occupational accident approach to reclassifying transportation Cal.3d 341 (“Borello”). A.B. 5 expanded the insurance to cover medical expenses and and other independent contractors as em - ABC test to cover all provisions of the Cali - lost income resulting from on-the-job in - ployees, with profound implications for the fornia Labor Code, while preserving the juries, including disability payments. The industry and workers. Borello test for the exempt occupations and app-companies would also pay for automo - This article tracks the history of the professions, or if a court rules that the 3- bile liability insurance. The companies also passage of A.B. 5 in California, and the cur - part ABC test cannot be applied. said they would push for sectoral bargain - rent court challenges and other legislative ing, which would allow drivers to band to - How Businesses are efforts to stop, limit, or curtail its effect, as Dealing with A.B. 5 in California gether in labor negotiations. well as explain the basic structure and im - The Association of plications of this new law. I will also discuss There are numerous exemptions in A.B. California (TPAC) had tried to work with the latest efforts in New York State to ad - 5 for certain business-to-business contracts, the state Legislature to exempt taxi drivers dress worker classification, including the certain joint employer arrangements, and from A.B. 5, but was apparently unsuccess - pending legislation in 2020, Governor An - certain professions and businesses. How - ful. The Greater California Livery Associa - drew M. Cuomo’s position, and lobbying ef - ever, it is expected to apply to all drivers for tion (GCLA) supported the bill, noting that forts and varying opinions by industry app-based rideshare and delivery service the law’s potential impact on transportation stakeholders. companies, as well as drivers in the taxi, network companies (TNCs) in California limousine, and non-emergency medical “could really impact our industry for the The Origins of A.B. 5 in California transport sectors (with some possible excep - better.” In September 2019, California passed tions). In California, many taxi companies A.B. 5, the new law that makes it much are structured as co-operatives, meaning A.B. 5 Related Litigation in California more difficult for companies – especially each taxi driver is part owner of the com - On December 31, 2019 – the day before those in the gig economy – to claim workers pany. Since they are technically owners – A.B. 5 went into effect – a U.S. district court in California are independent contractors not hired workers – it is possible that they judge temporarily blocked the law from instead of employees. In other words, the will be outside the purview of A.B. 5’s ABC being enforced against the commercial business must provide these workers with test. trucking industry. In November 2019, the workplace rights and protections, including Before Uber’s public offering, the com - California Trucking Association filed a chal - a minimum wage, overtime pay, rest pany disclosed in its SEC filings that its lenge in the Southern District of California, breaks, workers’ compensation, unemploy - business would be “adversely affected if arguing that the law is preempted by the ment insurance, paid sick leave, paid family drivers were classified as employees instead Federal Aviation Administration Authori - leave, and health insurance benefits. of independent contractors” and that “any zation Act of 1994 (FAAAA) – a federal The new law, which went into effect such reclassification would require us to statute that bars state laws relating “to a January 1, 2020, uses a three-part test, fundamentally change our business model, price, route or service of any motor carrier... known as the “ABC test,” to determine and consequently have an adverse effect on with respect to the transportation of prop - whether a worker is an employee or an in - our business and financial condition.” erty” – as well as the commerce and su - dependent contractor. The ABC test is a The Fight for Exemptions in California premacy clauses of the U.S. Constitution. broad test for employee status that pre - United States District Judge Roger sumes that workers are employees unless Since before the law passed, companies Benitez granted the TRO after finding that they: (A) are free from control by the puta - that rely on independent contractors have A.B. 5 is likely preempted by the FAAAA tive employer; (B) are doing work that is been lobbying to find a way out of reclassi - because it “effectively mandates that motor outside the usual course of business of the fying their workforce. Uber and Lyft, along carriers treat owner-operators as employ - putative employer; and (C) are engaged in with food delivery service DoorDash, ees, rather than as the independent con - an independently-established business. If pledged to spend $110 million to fight the tractors that they are.” a company fails to establish even one of legislation. After California Governor Gavin On January 8, 2020, a California state these three factors, then the worker will be Newsom signed A.B. 5 into law, the group court judge in a different lawsuit also found considered an employee. launched the “Protect App-Based Drivers & that the requirements of the ABC test The ABC test is not new in California or Services” campaign to put a referendum on “clearly run afoul” of the FAAAA and can - elsewhere. Twenty-six states use some ver - California’s 2020 ballot, asking voters to ex - not be applied to the defendants in a case sion of it in their unemployment laws. Ten empt app-based rideshare and delivery brought by the Los Angeles City Attorney’s states, including New York, apply it broadly services from A.B. 5. If the group collects Office in January 2018 – before Dynamex to labor laws within a particular sector – the 623,212 valid signatures required to was issued and before A.B. 5 was passed – typically, construction or landscaping. A.B. qualify the measure, it would appear on the alleging that the defendant trucking com - 5 codified the California Supreme Court’s November 2020 general election ballot. panies misclassified drivers. 2018 ruling in Dynamex Operations West, As part of the ballot initiative, app- Uber and Postmates, along with two Inc. v. Superior Court, (2018) 4 Cal.5th 903 based rideshare and delivery service com - drivers, also filed a lawsuit on December 30 (Dynamex), which established the ABC test panies would pay drivers at least 20% more 2019, seeking to block A.B. 5, arguing the FEBRUARY 2020 • BLACK CAR NEWS • 37 law is “irrational and unconstitutional” and disability laws. form economy operates differently in New violates drivers’ due process by infringing The New York State legislature has al - York City than it does in less-populated on their “fundamental liberty to pursue ready made it clear that tackling worker areas of the state, and cautions against a their chosen work as independent service classification in the gig economy is a prior - one-size-fits-all approach, noting that Uber providers and technology companies in the ity this year. In late 2019, both houses of drivers in New York City are already pro - on-demand economy.” the New York legislature held hearings on tected by a local law that guarantees mini - worker classification and the gig economy. mum earnings. Compliance with A.B. 5 In October 2019, the New York Senate The IDG wants collective bargaining In case the lobbying and lawsuits fail, Standing Committee on Internet and Tech - rights for ride-hail drivers and is calling on companies trying to hold onto an independ - nology held a public hearing to identify the New York State to pass legislation giving ent contractor model are taking steps to en - needs of workers and employers operating ride-hail drivers the right to unionize with sure they are treating drivers as business outside the traditional employee-employer collective and sectoral bargaining agree - owners who are running their own busi - dynamic to determine possible legislative ments. The group opposes classifying driv - nesses. Shortly after the New Year, Uber avenues, including the Dependent Worker ers as employees through A.B. 5-like announced that it would be making changes Act (S6538/A8343). In October, the bill’s legislation because it would give them some so that drivers would be more in control of sponsors, State Senator Diane Savino and employment rights but not, importantly, their work. As an example, drivers will see Assemblymember Marcos Crespo publicly the group believes, the right to form a trip information upfront and will be stated that they would “probably move in a union. The IDG also believes that designat - more transparent so they can make in - different direction” when they returned to ing drivers in New York City as employees formed decisions about whether to accept Albany in January. Savino added that they would put New York City drivers’ minimum the trip. Under the new policy, fares will be are trying to come up with a “more work - earnings in jeopardy. based on the actual time and distance rates, able ABC model” that includes collective The NYTWA is pushing for New York to and drivers will receive the entire fare, less bargaining, calling legislation that fails to pass legislation adopting an “ABC” test like Uber’s commission (capped at 25%) and include collective bargaining “an absolute California’s A.B. 5. The NYTWA is part of payments will go directly into the driver’s nonstarter.” the NY Do It Right Employment Classifica - account. The company will also stop penal - In December 2019, the New York As - tion Test (DIRECT) Coalition of labor advo - izing drivers who decline trips, and passen - sembly Standing Committee on Labor held cates and community organizers that is gers will be able to request their favorite a public hearing to examine legislative pro - working to pass an “ABC” test bill in New drivers for pre-arranged trips. In a letter to posals, including proposals to adopt an York. riders, Uber warned that more independ - “ABC” test in New York (S6699/A8721), The Livery Round Table and the Livery ence for drivers could mean longer wait that aim to extend labor rights and protec - Base Owners, Inc., are against applying the times and increased prices to riders. tions to workers in the gig economy and the “ABC” test to livery bases and further op - What’s Happening in New York? feasibility of extending such rights and pro - pose “dependent worker” classification for tections to a diverse workforce. livery drivers. Both groups essentially The California law has no direct effect The New York ABC “test” bill argue that the livery business model is in - on workers in New York, but California (S6699/A8721), introduced by State Senator congruous with classifying drivers as em - may trigger an avalanche across the U.S., Robert Jackson and Assembly Member ployees because livery bases do not pay with the next rocks falling on the east coast. Deborah Glick in Fall 2019, would amend drivers – instead, the drivers pay to receive New York already applies the ABC test the labor law and the workers' compensa - dispatch calls from the bases or licensed broadly to labor laws within the construc - tion law, in relation to the employee status businesses – and drivers decide when and tion and commercial goods transportation of an individual. According to the sponsors, where to work. The livery groups are asking sectors. This year, Governor Andrew M. the bill is intended “to reclassify more work - for a carve-out from any worker classifica - Cuomo and state legislative leaders have ers as employees rather than independent tion law for livery bases. declared that addressing worker classifica - contractors in order for them to receive ben - Based on the legislation and litigation tion in the gig economy will be a priority in efits such as healthcare and retirement.” in California, and the anticipated fast- New York. Uber, Lyft, and Amazon are specifically tracking of the New York State legislative Shortly after A.B. 5 was passed, Gover - named as large corporations that benefit proposals, 2020 is shaping up to be a year nor Cuomo signaled he would be open to from being able to classify their workers as in which the “disrupters” in the gig economy new labor standards for gig economy work - independent contractors. Currently, there face significant disruption of their business ers and that he wants to move employees are no exemptions or carve-outs for anyone models. As we enter this new decade, the away from “independent contractor” status. in the bill. battle is now shaping up within the labor In the Governor’s 2020 State of the State rights community as to whether unions will Who Wants What? address, he vowed to extend employee pro - resurface in the for-hire transportation sec - tections and rights to workers in the gig Various transportation industry stake - tor, or whether some new labor model might economy as part of his “economic justice holders testified and provided written state - prevail – something in between full employ - crusade.” In his speech, the Governor called ments for the state legislative hearings, ment and pure independent contractors out drivers specifically as a group that is including Uber, the Independent Drivers (with some benefits, but no unionization or being exploited by unnamed large corpora - Guild (IDG), the New York Taxi Workers right to control working hours). The battle tions and called the practice of classifying Alliance (NYTWA), Livery Base Owners, is just beginning and the repercussions will workers as independent contractors “ex - and the Livery Round Table. change the landscape of the industry for ploitive, abusive,” a “scam,” and “fraud,” de - Uber is vehemently opposed to having decades to come. claring that “it must stop and it has to stop its drivers classified as employees instead here and now!” of independent contractors, which it sees as In the briefing book of legislative pro - a threat to its business. The company and posals that was released along with the others are advocating for a “third way” to Professor Matthew W. Daus, Esq. is President, In - State of the State address, introducing leg - classify gig economy workers that main - ternational Association of Transportation Regula - islation to provide workers with basic em - tains flexibility and expands worker protec - tors ( http://iatr.global/ ); Transportation Technology ployee protections and necessary benefits is tions, working conditions, and benefits. In Chair, City University of New York, Transporta - part of the Governor’s opportunity agenda written testimony submitted to the New tion Research Center at The City College of New for 2020. While the Governor has not explic - York ( http://www.utrc2.org/ ) and Partner and York State Senate, Uber said current U.S. Chairman, Windels Marx Transportation Prac - itly said that he plans sweeping A.B. 5-like labor law restricts its ability to provide any tice Group (http://windelsmarx.com). He can be legislation, his remarks hint at reclassify - benefits to drivers without it being used reached at: [email protected] or ing more workers as employees for the pur - against them in the context of worker clas - 212.237.1106. poses of wage laws, unemployment, and sification. Uber also argued that the plat - 38 • BLACK CAR NEWS • FEBRUARY 2020 ATTORNEY’S CORNER BY LAURENCE I. CO HEN PREVENTING AND ADDRESSING EMPLOYEE DISLOYALTY Employee disloyalty is a problem that has long plagued At first blush this remedy might seem ineffective. After employers. Employers naturally expect their employees to all, the compensation the employee might have to give back be faithful, and to always act in the company’s best inter - is probably insignificant in comparison to the profit the em - ests, however this is unfortunately not always the case. Em - ployee realized from his or her misdeeds and the damage ployees sometimes betray the trust placed in them by the employer sustained as a result. Fortunately for employ - engaging in acts that are strictly for their own benefit, and ers, courts also often award damages for economic losses contrary to the employer’s best interests. sustained by the employer during the period of disloyalty Stealing often comes to mind when the of employee as well. disloyalty is mentioned, however that is far from the only Does this mean employees are prohibited from starting way this problem manifests itself. Another common type of up their own businesses, competing or otherwise? Not at all. employee disloyalty is when an employee diverts a business Under New York’s and most other states’ laws, employees opportunity that properly belongs to the employer. For ex - are permitted to start up their own businesses before leav - ample, a dishonest telephone operator might relay a reser - ing their employer. However, they must do so on their own vation to her driver-husband rather than put it through the time, and they cannot use their current employer’s infor - central dispatch system. As another example, a sales rep - mation or property (such as customer lists, supplies, tele - resentative may secretly form a competing company and phones, computers, etc.). start diverting business to his new entity, all while contin - When an employee has been found to be disloyal, the ex - uing to draw a paycheck from your company. tent to which a court will apply the Faithless Servant Doc - Many employees think that if they don’t have an employ - trine, and the remedy that it will impose (such as requiring ment contract with their employer, they are free to do what - that compensation be returned, and/or imposing monetary ever they want, and that the company has no recourse damages) typically depends upon the employee’s rank and against them other than to fire them. Not true. Back in the title within the company. The higher the offending em - late 1800s New York’s highest court, the Court of Appeals, ployee is in the chain of command, or the more authority adopted what is now known as the “Faithless Servant Doc - the employee has within the company, the more likely more trine.” This doctrine, which has been adopted in full or in significant sanctions will be imposed. Thus, for example, part by a number of other states, holds that employees are the Faithless Servant Doctrine is more likely to be applied bound by a duty of loyalty, and must act at all times in good to disloyal conduct on the part of the company’s vice presi - faith and in the best interests of their employer, especially dent than a clerk. when they are on the clock. Employees found to have en - A one-time instance of disloyalty that causes little or no gaged in acts of disloyalty may be required by a court to re - damage will typically not invoke the Faithless Servant Doc - turn the compensation they received from the employer trine. during the period they were disloyal. It should be pointed out that disloyal conduct that does not rise to the level necessary to invoke the Faithless Ser - vant Doctrine does not leave an employer without any reme - dies. Even if the employer cannot get back what it paid the Tuch & Cohen LLP employee in wages and/or damages for any harm the em - ployee caused, an employer is under no obligation to con - Attorneys at Law tinue to employ a disloyal “at-will” employee with whom it has no contract. Even if there is a contract, same will often 1025 Old Country Road, contain a clause that permits termination where the em - Kenneth R. Tuch ployee has engaged in faithless or disloyal conduct (e.g., Suite 411 Laurence I. Cohen where the employee has stolen, diverted opportunities, com - Westbury, New York 11590 peted while still employed, etc.). While there is no sure-fire way to prevent employee dis - loyalty, there are ways to discourage it from occurring in Effective Management-Side Representation the first place. Perhaps the best way of doing so is requiring each and every employee to sign a confidentiality and non- to the Ground Transportation Industry solicitation agreement as a condition of employment. There is absolutely no reason to rely solely upon the Faithless Ser - vant Doctrine when a written agreement can provide far SPECIALIZING IN better protection. Another equally important way to prevent Litigation and Administrative Proceedings, employee disloyalty is to be vigilant. You should always be Contract and Transactional Matters, on the lookout for signs that an employee might be engaged in disloyal conduct, such as the sudden and unexplained Regulatory Issues, and General closing of multiple accounts handled by a certain employee. Likewise, you should always encourage employees to speak Business and Corporate Law up if they notice conduct that seems to be contrary to the company’s best interests. There is after all no more potent antidote to the problem of employee disloyalty than the Tel: 516-783-0062 watchful eyes of loyal staff members.

Fax: 516-783-0082 Kenneth R. Tuch, Esq. and Laurence I. Cohen, Esq. are partners with Tuch & Cohen LLP, with offices located at 1025 Old Country Road, Suite 411, Westbury, [email protected] New York 11590. The firm specializes in commercial and employment litigation, including misclassification, wage and hour, employment practices, franchising and business practice matters, and transactional matters. The foregoing is provided solely as general information, is not intended as legal advice, and may not be applicable within your jurisdiction or to your specific situation. You are advised to consult with your attorneys for guidance before relying upon any of the information presented herein. BLACK CAR NEWS INDUSTRY NEWS FEBRUARY 2020 • • 39 CONGRESSMAN PROPOSES RELIEF FOR NYC TAXI DRIVERS IN DEBT A New York City Congressman, in – meaning medallion owners have to pay bill has generated support from both De - Jan., introduced new legislation that a huge tax based on what they’ve been mocrats and Republicans, including the could offer significant relief to taxi driv - forgiven. However, a new piece of legis - entire New York Congressional delega - ers. As the value of taxi medallions has lation is attempting to work around that tion. steadily declined, thousands of yellow rule. The proposal came just days after cab drivers are drowning in debt. “This bill would ensure that this debt the city’s Medallion Task Force proposed Even if medallion owners get some fi - relief would be excluded from gross in - a plan that recommends the city develop nancial help from the City Council, or come for tax calculations, so that they a private entity to buy out taxi medallion sympathetic banks, under present IRS would not have to pay,” explains Con - loans and refinance them. rules, debt relief is calculated as income gressman Gregory Meeks, who notes the Source: WCBS 880 ALOYSEE HEREDIA JARMOSZUK NOMINATED TO CHAIR THE TLC Mayor de Blasio, in Jan., nominated If confirmed, Heredia Jarmoszuk would be fights tirelessly for drivers every single day,” Aloysee Heredia Jarmoszuk to be the new the first-ever Dominican-American to over - said Aloysee Heredia Jarmoszuk. “I look for - Chair and Commissioner of the Taxi and see the agency. ward to working with the Mayor, Speaker Limousine Commission (TLC). Heredia Jar - “Aloysee is laser focused on uplifting and City Council to deepen our protections moszuk played an integral role in overseeing working New Yorkers,” said Mayor Bill de for drivers and passengers, as well as ensur - the City’s transportation policies, including Blasio. “Her experience working with the ing the fleet is more wheelchair accessible.” implementing the City’s for-hire vehicle li - Commission and overseeing large organiza - “I welcome the nomination of Aloysee cense cap and driver pay policy. tions will be invaluable as we double down Heredia Jarmoszuk, as Chair and Commis - As Commissioner, Heredia Jarmoszuk on our efforts to ensure our hardworking sioner of the TLC. After meeting with Ms. has said she would leverage her experience drivers can make a living. I’m glad she will Heredia, I heard many good ideas and ini - managing large organizations to continue to be building on the work of Bill Heinzen, tiatives, as well as how she is planning to fight for better wages for drivers and in - whose leadership has driven the Commis - tackle all of the pressing issues impacting crease the availability of wheelchair acces - sion from success to success for New Yorkers the TLC,” said Council Member Ydanis Ro - sible vehicles. Heredia Jarmoszuk’s over the past several months.” driguez, Chairman of the Committee on nomination was expected to be submitted to “I am honored to be nominated to lead Transportation. City Council in Jan. for advice and consent. the Taxi and Limousine Commission, which Source: Office of the Mayor

B02253

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Complete Fleet Livery Sales to offer.” (completefleetsales.com ) has an - Trabb says that the S90 has nounced an agreement with been getting a lot of traction with Smythe Volvo in Summit, NJ to both his customers and the indus - distribute the Volvo S90 sedan to try at large. The European fit and ground transportation operators. finish have appealed to many op - According to Complete Fleet Pres - erators; it is also competitively ident Barry Trabb, Smythe Volvo priced. is a well-established, family-owned “I’m very confident in our new dealership and seven-time winner relationship,” says Trabb. “Smythe of the National Dealer Rater Volvo has an unprecedented repu - Dealer of the Year award. The tation, and the S90 is a great new company’s service department has product that Complete Fleet is ex - also won numerous awards. cited to represent. It makes us “Sedan choices are getting lim - more diverse and lets us help our ited for our industry,” says Trabb. clients with their fleet needs.” “Not everyone in the industry is In addition to the Volvo S90, going to want to shift to an SUV, Complete Fleet will continue to so it’s important that we’re able to carry a full stock of Lincoln and continue to provide cars to our Ford fleet vehicles, including clients. Volvo’s S90 is a natural sedans, SUVs and Transit vans. choice when you look at all it has Source: Chauffeur Driven IDG CALLS FOR RIGHT IN MEMORIAM TO ROOFTOP ADS AT CITY COUNCIL HEARING ELIAS AROUT On Jan. 20, more than 80 members of the Independent Drivers Guild (IDG) descended on City Hall to call for the We are deeply saddened to report that Elias city to reverse its ban on rooftop advertising for For-Hire Arout, who served on the New York City Taxi & Lim - Vehicles (FHVs). The IDG testified at the City Council ousine Commission for 27 years, passed away at the Transportation Committee’s hearing in favor of City age of 89 on December 22, 2019. According to reports, Council bill Intro 1738, sponsored by Transportation Com - Mr. Arout, who lived on Staten Island, departed this mittee Chair Ydanis Rodriguez, which would allow FHV earth peacefully with his family by his side. drivers “to earn much-needed extra pay through rooftop He was a kind, gentle person who had a deep love advertising.” for his family and friends. According to the IDG, “Exterior roof-top advertising Born in Grant City, son of Elias Arout and Mary opportunities are currently only afforded to medallion (née Eastily) Arout, he graduated from Alexander owners, but not FHV owner-operators, including drivers Hamilton Vocational in Brooklyn, and worked for 20 for app-based and livery services. Intro 1738 is the first years as a police officer for the New York Housing of a handful of bills in the works to address the demands Authority, retiring in 1980. and concerns raised in IDG’s Drivers’ Bill of Rights , which Mr. Arout was appointed to the TLC by Mayor Ed has the support of more than nine thousand drivers so Koch. He was also a co-founder and past president of far.” the non-profit Project Hospitality and long-time “For years, drivers have been struggling to make ends member of the Knights of Columbus Council 1662 in meet,” said IDG executive director Brendan Sexton. Great Kills, the American Legion and the North “Rooftop advertisements are an easy way for drivers to Shore Democratic Association. supplement their income without having to drive longer He and his wife, Margaret, enjoyed traveling, hours and add to congestion. An extra $300 per month can dancing with the Staten Island Ballroom Dancers, mean the difference between being able to afford health wine making, taking college courses and activities at insurance or not. It can cover a month’s worth of fuel ex - their church, Our Lady of Good Council. penses or after school childcare. We are thankful to Chair - Mr. Arout left behind his wife, Margaret (née man Ydanis Rodriguez and Members of the City Council Bauer) Arout of 64 years; his children, Stephen, Transportation Committee for listening to drivers and we David (wife Julia), Raymond (wife Annmarie), Elise, urge the Council to support this bill as an important step Carlos; his sister-in-law, Irene Madison; five grand - to provide immediate and much-needed relief to drivers. children, Matthew, Christopher and Shannon Arout, We are also thankful that the Taxi and Limousine Com - Allison Perrine and Haley Seccafico. mission today voiced support for rooftop ads with the Source: SiLive amendment we have urged which would require that ad revenue goes to drivers, rather than Uber or Lyft, leasing companies, or big fleet owners, as has occurred in the taxi industry.” Source: Independent Drivers Guild BLACK CAR NEWS CLASSIFIEDS FEBRUARY 2020 • • 41 CLASSIFIED ADS ARE FREE TO THE DRIVERS IN OUR INDUSTRY!

Want to sell your used vehicle? Want to sell a radio? If you are a • Or, you can mail it to Black Car News at: driver serving our industry, you can sell whatever you like (within 714 Crestbrook Avenue, Cherry Hill, NJ 08003. reason) on our Classifieds page for FREE – including old furni - In all instances, please include your name, phone number, ad - ture, used exercise equipment… whatever you like. dress, email address and the company you are affiliated with. There are three ways to submit your classified ad. • You can visit www.blackcarnews.com, click on the “Classi - All other ads – from bases and the vendors serving our industry fieds” link, enter your information directly into the boxes and – must be display ads. Deadline and pricing information for our hit send. (This is the preferred method.) display ads can be found in the “RATES/DATES” section of our • You can fax your classified ad to 856.751.0657. website, under “Rates and Schedule.”

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