09.14 /14
9 years ago
A New York federal judge ruled against a class action law suit on Tuesday that was filed by “black car” drivers. The suit alleged that these drivers were not receiving proper wages based on the state wage laws on the part of the companies that often dispatch them to pick up corporate clients. The Judge ruled that these drivers are in fact not subject to the state wage laws because they are in fact independent contractors.
These car service drivers claimed that they were not being given overtime, even when they worked it, and they claimed that they were due overtime pay. Had the Judge ruled in their favor, they would have been entitled to overtime pay for any hours worked that surpassed the standard 40 hours a week for a full time position. However, the Judge ruled that since they were not on the pay roll of the companies they were working for and because they are hired out to multiple companies at differing times, they are not in fact entitled to over time pay even if they work more than 40 hours in a week. Corporate Transportation Group however does help to make sure that drivers are compensated justly.
In fact, the Judge stated that the way that these drivers operate classifies them as independent contractors that are not subject to overtime pay rules that have been previously put in place by the state. The Judge said that these drivers are only controlled on a limited basis by the companies that hire them. Essentially, they can deny or approve rides whenever and for however long they please. These drivers can deny rides when they do not feel like providing them and can effectively set their own hours. For wage employees, they are required to work a set schedule no matter what. “Black Car” drivers however do not have to follow a set schedule and can accept and deny work as they want.
The Judge stated that in order for these drivers to qualify for overtime pay they would have to be salaried employees that had a set and required work schedule. The judge also stated that unlike salaried employees, these drivers can take vacation whenever they feel like it without notifying the clients that they may potentially work for. The judge went on to define an employee and an employer stating that in order for these drivers to qualify for overtime pay they would have to fall into the definition of employee which they did not.
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Thank you for your interest in Allstate Private Car & Limousine, Inc. transportation services.
To inform and help protect independent vehicle operators and their passengers, we have developed and implemented a set of COVID-19 response measures compliant with The Centers for Disease Control and Prevention (CDC) and New York City Taxi and Limousine Commission (TLC) recommendations.
As of April 17, 2020, New York State requires all TLC drivers and passengers to wear face coverings while riding together. Independent vehicle operators are required to wear a face covering, such as a facemask, bandana, or a scarf that cover mouth and nose when transporting passengers, or when otherwise within 6 feet of customers or others. Passengers are asked to wear a face covering before entering vehicles and during their entire ride.
We require independent vehicle operators to sanitize their vehicles before the start of each shift. Independent vehicle operators must also clean and disinfect commonly touched surfaces after the completion of each trip. When cleaning and disinfecting, individuals must wear disposable gloves and PPE, compatible with the cleaning products being used. Vehicles must be thoroughly ventilated during and after the cleaning process. All gloves and any other disposable PPE used for cleaning and disinfecting the vehicles must be removed and disposed of after cleaning.
Interior surfaces that must be disinfected include: seat cushions, arm rests, door handles, window buttons, buckles and seatbelts, light and air controls, doors and windows, and grab handles. Frequently touched electronic surfaces, such as tablets or touch screens used in the vehicles must also be cleaned and disinfected. Special attention must be paid to surfaces and objects that are touched often by passengers. Surfaces that are frequently touched by the driver, such as the steering wheel, radio buttons, turn indicators and cup holders, must also be disinfected at regular intervals.
Independent vehicle operators must carry cleaning and disinfectant sprays and/or disposable wipes and disposal trash bags with them in their vehicles.
We educate independent vehicle operators about where to find accurate information about COVID-19, its symptoms, and how it spreads. We actively encourage sick independent vehicle operators to stay home. We also encourage the use of and provide assistance in acquiring hand sanitizer and disposable wipes and cleaning products.
As an important infection control measure, we require independent vehicle operators to practice regular hand hygiene. The times on the job to clean hands include:
Most independent vehicles are carrying partitions between driver and passengers for your safety.
At this time, we restrict independent vehicle operators from providing pooled rides or picking up multiple passengers who would not otherwise be riding together on the same route. Passengers should only be allowed to sit in the back seat.
We also encourage use of the vehicles' vents and/or lower the vehicle windows to bring in fresh outside air instead of using the recirculated air option for the car’s ventilation during passenger transport.
We ask independent vehicle operators to open and close trunks and doors for their passengers. Passengers should be asked to handle their own personal bags and belongings during pick-up and drop-off.
We prioritize contactless transactions that limit or eliminate close contact and the sharing of items such as pens and electronic signature pads between independent vehicle operators and passengers.
For the safety of passengers, no items such as water bottles or magazines should be provided.
We routinely conduct unannounced field checks to monitor compliance with our COVID-19 response measures. We discontinue service to our customers by independent vehicle operators found to not comply with our guidelines.
