The Federal court in the Northern District of California ruled today that GrubHub delivery drivers are contractors, not employees:
The ruling may have far-reaching implications for other sharing economy companies, including Uber Technologies Inc., whose business models are built on pairing customers with products and services through apps and typically avoid the costs of traditional employment.
U.S. Magistrate Judge Jacqueline Scott Corley in San Francisco concluded Thursday, in a first-of-its-kind ruling, that a gig-economy driver doesn't qualify for the protections of employees under California law.
Charlotte Garden, an associate law professor at Seattle University, said Corley's decision is a “doubly big” win for GrubHub due to California's relatively high standard for establishing workers as independent contractors.
“If they can make it here, they can more likely make it anywhere,” Garden said. “It is also the first federal court to reach a verdict on whether workers in the gig economy are employees or not, so companies like Uber and Lyft will also be celebrating this win.”
(Of course, Uber may not survive its ongoing struggle with the Justice Department for other reasons, but that's not the point.)
Judge Corley admonished the state legislature to fix the problem this case exposed: “Under California law whether an individual performing services for another is an employee or an independent contractor is an all-or-nothing proposition,” she wrote. “With the advent of the gig economy, and the creation of a low wage workforce performing low skill but highly flexible episodic jobs, the legislature may want to address this stark dichotomy.”
We can expect multiple lawsuits in other Federal circuits any day now.
Amazon's bidding process for its second headquarters (HQ2) has given the company a bonanza of information about what 238 cities are willing to give up in order to get a piece of the action, and thus what levers Amazon can pull to get public money for its private gain. Not to mention, the applications gave the company millions of dollars worth of marketing data:
Amazon asked every city and state applying for its second headquarters for details about local resources, like available talent and transit options. Local officials were also prodded for tips on local education programs and tax incentives.
The answers — most of which have not been released publicly — essentially do Amazon’s homework for it, providing valuable information that the company otherwise would have needed to dig up on its own or obtain through one-on-one negotiations.
“This is not just about HQ2,” said Richard Florida, an authority on urban development and a professor at the University of Toronto. “It’s about a broader locational strategy. HQ2 is the carrot. That’s the only thing that makes sense.”
Meanwhile, CityLab has put together a guide to the "HQ2 Hunger Games" with detailed breakdowns of the 20 finalists. And they second the Times' assessment on Amazon's ulterior motives: "As CityLab has previously reported, the economic incentives being offered to lure Amazon’s 50,000 jobs and $5 billion in investment were historic in proportion even before the company announced the finalists."
I'm under the weather today, probably owing to the two Messiah performances this weekend and all of Parker's troubles. So even though I'm taking it easy, I still have a queue of things to read:
I will now...nap.
Chicago's largest auditorium north of the Loop needs saving soon, or it might be lost forever:
At the intersection of Lawrence, Racine and Broadway in Uptown, the massive, once-grand Uptown Theatre, a shuttered movie palace that has awaited restoration for nearly 40 years, is slowly deteriorating. Its reopening—an expensive proposition that would require public and private funds—is key to the neighborhood's vitality and could make it a premier destination for live entertainment.
Preservationists say that because of its decrepitude, something needs to happen fast to save the theater from permanent ruin. "If this isn't resolved soon, this building will continue to deteriorate," says Ward Miller, executive director of Preservation Chicago.
A reopened Uptown would, at 4,500 seats, have the largest theater capacity north of downtown (the Auditorium in the Loop has nearly 4,000). Mark Kelly, commissioner of the city's Department of Cultural Affairs & Special Events, shares Emanuel's vision that the Uptown would solidify the intersection of Lawrence, Racine and Broadway as a destination for live entertainment. "What would be most desirable is we get a mix of these awesome performance venues at a very high level to accommodate a lot of people," Kelly says. "Then it's a real entertainment district."
The neglect dates to the 1970s, when the Uptown was used primarily for closed-circuit boxing matches and rock concerts by acts including the Grateful Dead and Bruce Springsteen. Accelerating its demise was co-owner Lou Wolf, a notorious Chicago slumlord and felon who purchased the theater in 1980 and shuttered it the following year. Unoccupied and uncared for for more than three decades, the building suffered water damage after the heat was turned off. In 2014, 6 inches of ice covered the grand stairway and 4 feet of water rose in the basement. Broken windows, animal infestation, vandalism and plaster-killing summer humidity followed, along with hundreds of thousands of dollars in unpaid property taxes.
Fortunately, the city designated a landmark district in 2016 that includes the Uptown, but that only means it can't be demolished. But it still needs maintenance, desperately. I hope someone steps up. I'm looking at you, Rahmbo.
Lots of stuff going on, so I haven't written a lot this past week. So I just have some links this morning in lieu of anything more interesting:
I thought I had more. Hm.
I have some free time coming up next Friday, but until then, there's a lot going on. So I have very little time to read, let alone write about, these stories from this week:
Back to project planning...
I'm heading back to the East Coast tonight to continue research for my current project, so my time today is very constrained. I hope I remember to keep these browser windows open for the plane:
- 538 examines why, a full year later, the 2016 election just won't go away.
- James Bridle says something is wrong on the Internet.
- Josh Marshall continues to bang the drum on President Trump's creeping authoritarianism. (Or, you know, not so much creeping as shambling, with all the zombie implications in the term. Says Marshall, "[I]ncompetence and authoritarian aren’t in tension. They tend to operate together, each catalyzing each other as both cause and effect.")
- On the same theme, yesterday the President called Chicago a "total disaster" because he doesn't understand how the lack of Federal gun laws makes our local regulations irrelevant.
- Last Friday, Andrew Sullivan wrote that the Democrats are failing the resistance. But Jeet Heer thinks our party's internecine conflicts are good for the party.
- Crain's Chicago Business lists the most indulgent dishes in Chicago.
- Chicago Magazine investigates the rash of suicides-by-train plaguing the area.
- WaPo describes the weirdness behind the attack on Senator Rand Paul over the weekend.
- Writing for CityLab, Carolyn Adolph says Seattle has fallen out of love with Amazon, with some implications for Chicago.
- Finally, Samuel Adams now has a $200 beer at 28 ABV. Not sure if I'll ever try it.
So much to do today...and then a short, relaxing, upgraded flight to BWI.
An MLS student in Portland, Ore., wants you to understand that even though you don't personally use them, libraries are thriving:
Today, depending on the community they serve, a public librarian is part educator, part social worker, and part Human Google. What they aren’t is a living anachronism, an out-of-touch holdout in a dying job who’s consigned to a desk, scolding kids for returning books a few days late.
An urban librarian in a struggling neighborhood, like Chera Kowalski in Philadelphia’s Kensington, is just as likely to be saving lives by giving Narcan to overdosed patrons as she is to be recommending a new Young Adult series. The new model of librarianship is about embracing more than just books—it’s about making a positive impact on the lives of patrons. My liberal use of the word “motherfucker” may have been the most popular aspect of my Twitter rant, but the most important was my message to LGBT teens, and to immigrants, and to the homeless and poor: The library is a safe place for you to come and get what you need.
Someone asked me why I got into libraries. My answer—though I’ve been “into” libraries my whole life—was simple: I believe in reducing barriers to better outcomes for marginalized and underserved populations, motherfucker.
A succession of cold fronts has started traversing the Chicago area, so after an absolutely gorgeous Saturday we're now in the second day of cold, wet, gray weather. In other words, autumn in Chicago.
So here's what I'd like to read today but probably won't have time:
Meeting time. Yay.