Uber and Lyft Found a Loophole to Pay NYC Drivers Less

Uber and Lyft have found a new way to evade a New York City law guaranteeing rideshare drivers a minimum wage. Since June, drivers say they’ve been arbitrarily locked out of apps when they want to work — setting the companies up to save hundreds of millions.

Uber and Lyft drivers protest outside the Uber office in New York on Wednesday, September 4, 2024, over the rideshare companies intentionally locking workers out of the apps. (Yuki Iwamura / Bloomberg via Getty Images)


When New York became the first city in the country to mandate that rideshare companies like Uber and Lyft pay their drivers a minimum wage, it seemed like a major win. Low, unpredictable wages are built into the companies’ business models, predicated on their ability to classify their legions of drivers as independent contractors rather than employees, exempting companies from following labor laws that include standards like a minimum wage.

In New York City, some drivers in previous years made as little as $6 an hour, largely as a result of being unpaid for the vast amounts of time they spend waiting between rides. So in 2018, the city passed a law to change that, ensuring that New York’s roughly 84,000 rideshare drivers receive a predictable minimum wage like any other worker.

The legislation requires these companies pay a $17.22 hourly minimum. Overseen by the NYC Taxi and Limousine Commission (TLC), the rate is calculated annually on the basis of a company’s average “utilization rate,” which measures how often drivers are giving rides versus waiting for new rides per working hour. The higher the utilization rate, the lower the amount Uber or Lyft is required to pay drivers per ride.

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