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    Gig Worker Protections Get a Push in European Proposal

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    A proposal with widespread political support would entitle drivers and couriers for companies like Uber to a minimum wage and legal protections.LONDON — In one of the biggest challenges yet to the labor practices at popular ride-hailing and food-delivery services, the European Commission took a major step on Thursday toward requiring companies like Uber to consider their drivers and couriers as employees entitled to a minimum wage and legal protections.The commission proposed rules that, if enacted, would affect up to an estimated 4.1 million people and give the European Union some of the world’s strictest rules for the so-called gig economy. The policy would remake the relationship that ride services, food delivery companies and other platforms have with workers in the 27-nation bloc.Labor unions and other supporters hailed the proposal, which has strong political support, as a breakthrough in the global effort to change the business practices of companies that they say depend on exploiting workers with low pay and weak labor protections.Uber and other companies are expected to lobby against the rules, which must go through several legislative steps before becoming law. The companies have long classified workers as independent contractors to hold down costs and limit legal liabilities. The model provided new conveniences for traveling across town and ordering takeout, and gave millions of people a flexible new way to work when they want.A courier in Paris last year, when lockdown measures highlighted the fragile nature of gig work.Dmitry Kostyukov for The New York TimesBut in Europe, where worker protection laws are traditionally more robust than in the United States, there has been growing momentum for change, particularly as the pandemic highlighted the fragile nature of gig work when food couriers and others continued to work even amid lockdowns and rising Covid-19 cases.While there have been some important legal victories and laws passed in some countries targeting Uber and others, the policy released by the European Commission, the executive branch of the European Union, is the most far-reaching legislative attempt to regulate companies to date.The rules would affect drivers, couriers, home cleaners, home health care aides, fitness coaches and others who use apps and online platforms to find work. As employees, they would be entitled to a minimum wage, holiday pay, unemployment and health benefits, and other legal protections depending on the country where they worked.“New forms of work organization do not automatically translate into quality jobs,” Valdis Dombrovskis, the bloc’s commissioner for trade, said as he presented the new rules. “People involved in platform work can sometimes find themselves exposed to unsafe living and working conditions.” The European Union estimates that 28 million people work through digital labor platforms in the bloc, with their number expected to grow to 43 million by 2025. The commission said on Thursday that 5.5 million workers were at risk of what it called misclassification, and that up to 4.1 million of them could be reclassified as employees through the directive.“This is not just bike riders in big cities,” said Johanna Wenckebach, a lawyer and scientific director at the Hugo Sinzheimer Institute for Labor and Social Security Law in Germany. “This is a phenomenon with millions of workers and many more ahead.”The rules are part of a broader digital agenda that European Union leaders hope to pass in the coming year. Proposals include tougher antitrust regulations targeting the largest tech companies, stricter content moderation rules for Facebook and other internet services to combat illicit material, and new regulations for the use of artificial intelligence.The new labor rules follow a landmark case in February, when Britain’s top court ruled that Uber drivers should be classified as workers entitled to a minimum wage and holiday pay. In the Netherlands, a court ruled in September that Uber drivers should be paid under collective rules in place for taxi drivers.Dutch Uber drivers calling for expanded workers’ rights outside a court in June that would later rule in their favor.Koen Van Weel/EPA, via ShutterstockSupporters of the new worker regulations said companies like Uber behave like employers by controlling workers through software that sets wages, assigns jobs and measures performance — a practice the commission called “algorithmic management.”The new European rules would require companies to disclose more about how their software systems made decisions affecting workers. For those who may remain independent, the new rules would also require companies to grant more autonomy that self-employment entails.The policy threatens the business models of Uber and other platforms, like the food delivery service Deliveroo, that already struggle to turn a profit. The E.U. law could result in billions of dollars in new costs, which are likely to be passed on to customers, potentially reducing use of the apps.Uber opposes the E.U. proposal, saying it would result in higher costs for customers. The company said roughly 250,000 couriers and 135,000 drivers across Europe would lose work under the proposal.Rather than help workers, Uber said the proposal “would have the opposite effect — putting thousands of jobs at risk, crippling small businesses in the wake of the pandemic and damaging vital services that consumers across Europe rely on.”Just Eat, the largest food-delivery service in Europe, said it supported the policy. Jitse Groen, the company’s chief executive, said on Twitter that it would “improve conditions for workers and help them access social protections.”The E.U. rules are being closely watched as a potential model for other governments around the world. Negotiations could last through 2022 or longer as policymakers negotiate a compromise among different European countries and members of the European Parliament who disagree about how aggressive the regulations should be. The law is unlikely to take effect until 2024 or later.Enforcement would be left to the countries where the companies operated. The policy contrasts Europe with the United States, where efforts to regulate app-based ride and delivery services have not gained as much momentum except in a few states and cities.A protest in Bakersfield, Calif., against Proposition 22, a 2020 state ballot question backed by gig economy companies.Tag Christof for The New York TimesLast year, gig economy companies staged a successful referendum campaign in California to keep drivers classified as independent contractors while giving them limited benefits. Although a judge ruled in August that the result violated California’s Constitution, his decision is being appealed, and the companies are pursuing similar legislation in Massachusetts.The Biden administration has suggested that gig workers should be treated as employees, but it has not taken significant steps to change employment laws. In May, the Labor Department reversed a Trump-era rule that would have made it more difficult to reclassify gig workers in the country as employees.In Europe, Spain offers a preview of the potential effects of the E.U. proposal. The country’s so-called Riders Law, enacted in August, required food delivery services such as Uber and Deliveroo to reclassify workers as employees, covering an estimated 30,000 workers.Uber responded by hiring several staffing agencies to hire a fleet of drivers for Uber Eats, a strategy to comply with the law but avoid responsibility for managing thousands of people directly. Deliveroo, which is partly owned by Amazon, abandoned the Spanish market.The companies prefer policies like those in France, where the government has proposed allowing workers to elect union representation that could negotiate with companies on issues like wages and benefits. Uber also pointed to Italy, where a major union and food delivery companies struck a deal that guarantees a minimum wage, insurance and safety equipment, but does not classify the workers as employees.Kim van Sparrentak, a Green lawmaker in the European Parliament who helped draft a report on platform workers that was published this year, praised the commission’s proposal as “quite radical.”“It can set a new standard for workers’ rights,” Ms. Van Sparrentak said.Adam Satariano More

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    Teamsters Vote for Sean O'Brien, a Hoffa Critic, as President

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    Sean O’Brien scored a decisive victory among union members after criticizing the current leadership as too timid in UPS talks and Amazon organizing.Sean O’Brien was a rising star in the International Brotherhood of Teamsters in 2017 when the union’s longtime president, James P. Hoffa, effectively cast him aside.But that move appears to have set Mr. O’Brien, a fourth-generation Teamster and head of a Boston local, on a course to succeed Mr. Hoffa as the union’s president and one of the most powerful labor leaders in the country.A Teamsters vice president who urged a more assertive stand toward employers like the United Parcel Service — as well as an aggressive drive to organize workers at Amazon — Mr. O’Brien has declared victory in his bid to lead the nearly 1.4 million-member union.According to a tally reported late Thursday on an election supervisor’s website, he won about two-thirds of the votes cast in a race against the Hoffa-endorsed candidate, Steve Vairma, another vice president. He will assume the presidency in March.The result appears to reflect frustration over the most recent UPS contract and growing dissatisfaction with Mr. Hoffa, who has headed the union for more than two decades and whose father did from 1957 to 1971. The younger Mr. Hoffa did not seek another five-year term.In an interview, Mr. O’Brien said success in organizing Amazon workers — a stated goal of the Teamsters — would require the union to show the fruits of its efforts elsewhere.“We’ve got to negotiate the strongest contracts possible so that we can take it to workers at Amazon and point to it and say this is the benefit you get of being in a union,” he said.David Witwer, an expert on the Teamsters at Pennsylvania State University at Harrisburg, said it was very rare for the Teamsters to elect a president who was not an incumbent or backed by the incumbent and who was sharply critical of his predecessor, as Mr. O’Brien was of Mr. Hoffa.Since the union’s official founding in 1903, Dr. Witwer said in an email, “there have been only two national union elections that have seen an outside reformer candidate win election as president.”During the campaign, Mr. O’Brien, 49, railed against the contract that the union negotiated with UPS for allowing the company to create a category of employees who work on weekends and top out at a lower wage, among other perceived flaws.“If we’re negotiating concessionary contracts and we’re negotiating substandard agreements, why would any member, why would any person want to join the Teamsters union?” Mr. O’Brien said at a candidate forum in September in which he frequently tied his opponent to Mr. Hoffa.Mr. O’Brien has also criticized his predecessor’s approach to Amazon, which many in the labor movement regard as an existential threat. Although the union approved a resolution at its recent convention pledging to “supply all resources necessary” to unionize Amazon workers and eventually create a division overseeing that organizing, Mr. O’Brien said the efforts were too late in coming.“That plan should have been in place under our warehouse director 10 years ago,” he said in the interview, alluding to the position of warehouse division director that his opponent, Mr. Vairma, has held since 2012.The outcome appears to reflect frustration over the union’s growing dissatisfaction with the tenure of James P. Hoffa.Calla Kessler/The New York TimesIn an interview, Mr. Hoffa said that the union was broke and divided when he took over and that he was leaving it “financially strong and strong in every which way.”He said he was proud of the recent UPS contract, calling it “the richest contract ever negotiated” and pointing out that it allows many full-time drivers to make nearly $40 an hour.He said Mr. O’Brien’s critique of the union’s efforts on Amazon was unfair. “No one was doing it a decade ago,” Mr. Hoffa said. “It’s more complex than just going out and organizing 20 people at a grocery store. He sounds like it’s so simple.”Mr. O’Brien did not elaborate on his own plans for organizing Amazon, saying he wanted to solicit more input from Teamsters locals, but suggested that they would include bringing political and economic pressure to bear on the company in cities and towns around the country. The union has taken part in efforts to deny Amazon a tax abatement in Indiana and to reject a delivery station in Colorado.Mr. O’Brien, who once worked as a rigger, transporting heavy equipment to construction sites, was elected president of a large Boston local in 2006. Within a few years, he appeared to be ensconced in the union’s establishment wing.In a 2013 incident that led to a 14-day unpaid suspension, Mr. O’Brien threatened members of Teamsters for a Democratic Union, a reform group, who were taking on an ally of his in Rhode Island. “They’ll never be our friends,” he said of the challengers. “They need to be punished.”Mr. O’Brien has apologized for the comments and points out that the reform advocate who led the challenge in Rhode Island, Matt Taibi, is now a supporter who ran on his slate in the recent election.The break with Mr. Hoffa came in 2017. Early that year, the longtime Teamsters president appointed Mr. O’Brien to a position whose responsibilities included overseeing the union’s contract negotiation with UPS, where more than 300,000 Teamsters now work.Understand Amazon’s Employment SystemCard 1 of 6A look inside Amazon. More

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    Sean O'Brien, a Hoffa Critic, Claims Victory in Teamster Vote

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    The head of a Boston local who urged a more assertive stand toward employers like the United Parcel Service — and an aggressive drive to organize workers at Amazon — declared victory Thursday in his bid to lead the International Brotherhood of Teamsters.If the result is confirmed, the victory by Sean O’Brien, an international vice president of the Teamsters, would put a new imprint on the nearly 1.4 million-member union after more than two decades of leadership by James P. Hoffa, who did not seek another five-year term.The outcome appears to reflect frustration over the union’s most recent contract with UPS and a growing dissatisfaction with the tenure of Mr. Hoffa, whose father ran the union from 1957 to 1971.With about 90 percent of the ballots tallied, Mr. O’Brien had more than two-thirds of the vote in his race against Steve Vairma, a fellow international vice president who had been endorsed by Mr. Hoffa. The election was conducted by mail-in ballots that were due Monday.Mr. O’Brien, 49, railed against the contract that the union negotiated with UPS — where more than 300,000 Teamsters work — for allowing the company to create a category of employees who work on weekends and top out at a lower wage, among other perceived flaws.“If we’re negotiating concessionary contracts and we’re negotiating substandard agreements, why would any member, why would any person want to join the Teamsters union?” Mr. O’Brien said at a candidate forum in September in which he frequently tied his opponent to Mr. Hoffa.Mr. O’Brien has also criticized Mr. Hoffa’s approach to Amazon, which many in the labor movement regard as an existential threat. Although the union approved a resolution at its recent convention pledging to “supply all resources necessary” to unionize Amazon workers and eventually create a division overseeing that organizing, Mr. O’Brien said the efforts were too late. More

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    U.K. Braces for a Difficult Holiday Season Due to Shortages

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    Military personnel are driving transport trucks. Pig farmers may start culling their stock. Even the government says shortages will affect Christmas, as Britons brace for a challenging winter.BUNGAY, England — To understand the deep sense of anxiety Britons feel about the supply shortages currently afflicting the nation — and threatening disruptions to the Christmas dinner table — one need only travel to Simon Watchorn’s pig farm, about two hours northeast of London.In 2014, Mr. Watchorn was England’s pig farmer of the year, with a thriving business. But this year, he said, the outlook for the fall is bleak.Slaughterhouses are understaffed and are processing a smaller-than-usual number of pigs. There is a shortage of drivers to move pork to grocery stores and butcher shops. And there are fewer butchers to prepare the meat for consumers.If the problems persist, Mr. Watchorn may have to start culling some of his 7,500 pigs by the end of next month. Pigs grow about 15 pounds each week, and after a certain point, they are too big for slaughterhouses to process.Mr. Watchorn said the last time he can remember things being this bad was during an outbreak of mad cow disease in the late 1990s. “It’s a muddle,” he said. “It’s worse than a muddle, it’s a disaster, and I don’t know when it’s going to finish.”Mr. Watchorn, 66, is one of many producers of food and other goods warning of a daunting winter ahead for Britons. Shortages continued to bedevil the British economy on Monday as gas stations in London and in southeastern England reported trouble getting fuel, and the government began deploying military personnel to help ease the lack of drivers. Supermarket consortiums say pressures from rising transport costs, labor shortages and commodity costs are already pushing prices higher and will likely continue to do so.The chancellor of the Exchequer, Rishi Sunak, acknowledged on BBC Radio on Monday that there will shortages at Christmastime. He said the government was doing “everything we can” to mitigate the supply chain issues but admitted there was no “magic wand.”Mr. Watchorn, whose farm is near the town of Bungay, England, northeast of London, is convinced that Brexit is responsible for the current distress.Andrew Testa for The New York TimesMr. Watchorn, who prides himself on running a farm where all adult stock live outside, is convinced that Brexit is responsible for the current distress, saying the exodus of European workers from Britain had led to damaging labor shortages. The British people voted to break with the European Union to reduce immigration, he believes, without realizing how damaging a cliff-edge exit from the bloc would be for businesses.“They didn’t vote for supermarket shortages,” he said on Sunday as dozens of pigs gathered around him to be fed. “They didn’t understand that was going to be a probable, likely outcome.”Mr. Sunak and other Conservative leaders say supply problems are a global issue largely attributable to the pandemic and not limited to Britain. Indeed, businesses around the world are facing rising energy prices, product shortages and labor shortages.But the challenges in Britain are acute, with many industries facing a shortage of workers — in part because of the pandemic, but also, many business owners say, because of stricter immigration laws that came into effect after Britain’s exit from the European Union on Jan. 1.“We are desperately trying to find workers,” said Jon Hare, a spokesman for the British Meat Processors Association, which estimates that Britain is short of about 25,000 butchers and processing plant workers.He called on the government to issue more short-term visas to foreign workers to help the industry with the transition outside of the European Union. “There are only so many people you can take out of the production system before the system starts breaking down,” he said.A shopper confronted sparse food shelves in a Co-op supermarket in Harpenden, England, in September.Peter Cziborra/ReutersThe specter of disruptions to the holiday season is particularly resonant in Britain, where Christmas isn’t Christmas without traditional foods. And yet British meat producers say the dinner table could be lacking some of the seasonal specialties that people count on every December. That includes pigs in a blanket (bacon-wrapped sausages that are different from the American version), glazed ham and Yorkshire pudding, which require additional labor to prepare, Mr. Hare said.The National Pig Association has warned that about 120,000 pigs are backed up on farms because of a lack of slaughterhouse workers, and the British Poultry Council said it expected to cut Christmas turkey production by 20 percent. On Monday, protesters gathered outside of the Conservative Party conference in Manchester with signs that said “All we want for Christmas is our pigs in a blanket” and “#saveourbacon.”Consumers are already anticipating shortages. One farmer in Leeds said that by last month, customers had already ordered all 3,500 turkeys she was raising for Christmas — a first.A lack of truck drivers has also caused sporadic shortages for staples including eggs, milk and baked goods. One in six people in Britain said that in recent weeks they had not been able to buy certain essential food items because they were unavailable, according to a report by the Office for National Statistics, which surveyed about 3,500 households.Some consumers interviewed in recent days said they had not had any trouble finding what they wanted at grocery stores. But Meriem Mahdhi, 22, who moved from Italy to Colchester in southeast England last month to attend college, said she had struggled to find essential items at her local grocery store, Tesco, Britain’s largest supermarket chain.“All the dried foods like pasta, canned fruit, it’s all gone, every day,” she said. Tesco did not respond to a request for comment.Seeking a quick fix, 200 military personnel in fatigues on Monday arrived at refineries to help deliver fuel to gas stations. About half of them drove civilian vehicles and the others provided logistical support. “As an extra precaution we have put the extra drivers on,” Mr. Sunak said.Over the weekend, the government said it had extended thousands of temporary visas for foreign workers to work in Britain until the first few months of next year. But economists said the temporary visas were unlikely to be enough to make much of a difference, since there are shortages at every link in the supply chain.“There is a lack of workers coming in, and British people are not willing to do the job,” said Robert Elliott, a professor at the University of Birmingham. He said it was difficult to say how much of the supply-chain issues were a result of Brexit versus the pandemic, but regardless, the government has chosen policies that have not made the situation better.The government has underinvested in training workers to drive trucks, he said, and too few young people are pursuing the profession to replace ones who have retired.Even before Brexit, the meat industry had difficulties attracting workers because of the hard work, low pay and remote locations of processing plants. Producers have raised wages for butchers by an average of 10 percent this year, the British Meat Processors Association said, but shortages are still so severe that members of the British Poultry Council reported they had cut weekly chicken production by five to 10 percent.Mr. Watchorn said the situation was “a disaster, and I don’t know when it’s going to finish.”Andrew Testa for The New York TimesJames MacGregor, the general manager at Riverford, an organic food company based in Devon, England, said he was short of about 40 workers, or about 16 percent of the company. Butchers have been particularly hard to find, he said. To cope with the shortages, Riverford will likely offer fewer products for sale around Christmas.“It feels like we’re staring down the barrel of a gun a little bit at the moment,” Mr. MacGregor said. “It’s highly likely if we don’t see movement in terms of fuel and labor, we will ultimately end up passing some of this cost on to the consumer.”Kathy Martyn, the owner of Oakfield Farm in East Sussex, which has about 100 pigs, said she was relieved to find fuel on Friday, just in time to make it to a catering job for a wedding over the weekend. She said that fuel shortages have made planning difficult, and that she may have to cull about 20 of her pigs this year.“We’ll just roll up our sleeves and take a deep breath,” Ms. Martyn said.Mr. Watchorn, the pig farmer, said his farm will be losing money this year. Even culling pigs is costly. If it comes to that, he would have to find someone to slaughter the animals and then take them away. Financial help from the government to do that would help, but he said he was not counting on it. “When pigs fly,” he quipped.Mr. Watchorn said the last time he can remember things being this bad was during an outbreak of mad cow disease in the 1990s.Andrew Testa for The New York TimesAina J. Khan More

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    California Senate Passes Bill Reining In Amazon Labor Model

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    The bill would curb production quotas at Amazon and other companies that critics say are excessive and force workers to forgo bathroom breaks.In the latest sign of the growing scrutiny of Amazon’s labor practices, the California State Senate on Wednesday approved a bill that would place limits on production quotas for warehouse workers.The bill, which passed the Senate 26-to-11, was written partly in response to high rates of injuries at Amazon warehouses. The legislation prohibits companies from imposing production quotas that prevent workers from taking state-mandated breaks or using the bathroom when needed, or that keep employers from complying with health and safety laws.The Assembly, which passed an initial version in May, is expected to approve the Senate measure by the end of the state’s legislative session on Friday.“In the Amazon warehouse space, what we’re trying to take on is this increased use of quotas and discipline based on not meeting the quotas, without a human factor in dealing with a reason why a worker might not make a quota,” Assemblywoman Lorena Gonzalez, the bill’s author, said in an interview last week.Gov. Gavin Newsom had not indicated before the vote whether he would sign the bill, but his staff was involved in softening certain provisions that helped pave the way for its passage.Experts said the bill was novel in its attempts to regulate warehouse quotas that are tracked by algorithms, as at Amazon, and make them transparent.“I believe one of Amazon’s biggest competitive advantages over rivals is this ability to monitor their work force, prod workers to work faster and discipline workers when they fail to meet quotas,” said Beth Gutelius, research director at the Center for Urban Economic Development at the University of Illinois Chicago.“It’s unprecedented for a bill to intervene like this in the ways that technology is used in the workplace,” added Dr. Gutelius, who focuses on warehousing and logistics.Business groups have strongly opposed the bill, complaining that it will lead to costly litigation and hamstring the entire industry even though it is primarily intended to address labor practices at a single company.Amazon has not commented on the bill but has said that it tailors performance targets to individual employees over time based on their experience level and that the targets take into account employee health and safety. The company has emphasized that fewer than 1 percent of terminations are related to underperformance.The bill would require Amazon and other warehouse employers to disclose productivity quotas to workers and regulators, and would allow workers to sue to eliminate quotas that prevent them from taking breaks and following safety protocols.While it is unclear how big an impact the bill would have on Amazon’s operations, limiting the company’s hourly productivity quotas would probably affect its costs more than its ability to continue next-day and same-day delivery.“I think it’s all about money, not about what the system is set up to handle,” said Marc Wulfraat, president of the supply-chain and logistics consulting firm MWPVL International. “If you said to me, ‘Bring the rate down from 350 to 300 per hour,’ I’d say, ‘OK, we need to add more people to the operation — maybe we need 120 people instead of 100.’”A report by the Strategic Organizing Center, a group backed by four labor unions, shows that Amazon’s serious-injury rate nationally was nearly double that of the rest of the warehousing industry last year.“They would say, ‘Always pivot, never twist,’ all this stuff you’re supposed to do,” said Nathan Morin, who worked in an Amazon warehouse in California for more than three years packing and picking items before leaving in December. “But it’s oftentimes impossible to follow the proper body movements while also making rate.”The company has vowed to improve worker safety and said it had spent more than $300 million this year on new safety measures.Amazon is under growing pressure from unions and other groups over its labor practices. A regional office of the National Labor Relations Board has indicated that it is likely to overturn a failed union election at an Amazon warehouse in Alabama on the grounds that the company improperly interfered with the voting.The objections to the election were brought by the Retail, Wholesale and Department Store Union, which spearheaded the organizing campaign.The International Brotherhood of Teamsters, which backed the California bill and whose local officials have helped to derail a tax abatement for Amazon in Indiana and approval for an Amazon facility in Colorado, has committed to providing “all resources necessary” to unionize Amazon workers.“This is a historic victory for workers at Amazon and other major warehouse companies,” Ron Herrera, a Teamsters official who is president of the Los Angeles County Federation of Labor, said in a statement. “These workers have been on the front lines throughout the pandemic, while suffering debilitating injuries from unsafe quotas.” More

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    Amazon’s Clashes With Labor: Days of Conflict and Control

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    Amazon was built on an underdog philosophy, but its workers are finding a voice. That presents a problem for the company that goes far beyond the union vote in Alabama.It has been Day 1 at Amazon ever since the company began more than a quarter-century ago. Day 1 is Amazon shorthand for staying hungry, making bold decisions and never forgetting about the customer. This start-up mentality — underdogs against the world — has been extremely good for Amazon’s shoppers and shareholders.Day 1 holds less appeal for some of Amazon’s employees, especially those doing the physical work in the warehouses. A growing number feel the company is pushing them past their limits and risking their health. They would like Amazon to usher in a more benign Day 2.The clash between the desire for Day 1 and Day 2 has been unfolding in Alabama, where Amazon warehouse workers in the community of Bessemer have voted on whether to form a union. Government labor regulators are getting ready to sort through the votes in the closely watched election. A result may come as soon as this week. If the union gains a foothold, it will be the first in the company’s history.Attention has been focused on Bessemer, but the struggle between Day 1 and Day 2 is increasingly playing out everywhere in Amazon’s world. At its heart, the conflict is about control. To maintain Day 1, the company needs to lower labor costs and increase productivity, which requires measuring and tweaking every moment of a worker’s existence.That kind of control is at the heart of the Amazon enterprise. The idea of surrendering it is the company’s greatest horror. Jeff Bezos, Amazon’s founder, wrote in his 2016 shareholder letter: “Day 2 is stasis. Followed by irrelevance. Followed by excruciating, painful decline. Followed by death. And that is why it is always Day 1.”For many years, Amazon has managed to maintain control and keep Day 1 going by dazzling with delivery and counted on the media, regulators and politicians to ignore everything unpleasant. The few stories about workers rarely got traction.But it is now the second-largest private employer in the country. There is widespread pro-worker sentiment in the United States and a pro-union president. In Bessemer, many of the pro-union workers are Black, which makes this a civil rights story as well.Amazon needs to measure and tweak every moment of a worker’s existence to maintain its edge, but it is facing more pushback against its control.Bob Miller for The New York TimesSo the costs associated with Day 1 are finally coming into view. And it is showing up not only in Alabama, but in the form of lawsuits, restive workers at other warehouses, Congressional oversight, scrutiny from labor regulators and, most noisily, on Twitter.In recent weeks, a heated discussion about whether Amazon’s workers must urinate in bottles because they have no time to go to the bathroom — a level of control that few modern corporations would dare exercise — has raged on Twitter.“Amazon is reorganizing the very nature of retail work — something that traditionally is physically undemanding and has a large amount of downtime — into something more akin to a factory, which never lets up,” said Spencer Cox, a former Amazon worker who is writing his Ph.D. thesis at the University of Minnesota about how the company is transforming labor. “For Amazon, this isn’t about money. This is about control of workers’ bodies and every possible moment of their time.”Amazon did not have a comment for this story.Signs that Amazon is facing more pushback against its control have started to pile up. In February, Lovenia Scott, a former warehouse worker for the company in Vacaville, Calif., accused Amazon in a lawsuit of having such an “immense volume of work to be completed” that she and her colleagues did not get any breaks. Ms. Scott is seeking class-action status. Amazon did not respond to a request for comment on the suit.Last month, the California Labor Commissioner said 718 delivery drivers who worked for Green Messengers, a Southern California contractor for Amazon, were owed $5 million in wages that never made it to their wallets. The drivers were paid for 10-hour days, the labor commissioner said, but the volume of packages was so great that they often had to work 11 or more hours and through breaks.Amazon said it no longer worked with Green Messengers and would appeal the decision. Green Messengers could not be reached for comment.An Amazon warehouse in the Canadian province of Ontario showed rapid spread of Covid-19 in March. “Our investigation determined a closure was required to break the chain of transmission,” said Dr. Lawrence Loh, the regional medical officer. “We provided our recommendation to Amazon.” The company, he said, “did not answer.” The health officials ordered the workers to self-isolate, effectively shutting the facility for two weeks. Amazon did not respond to a request for comment on the situation.And five U.S. senators wrote a letter to the company last month demanding more information about why it was equipping its delivery vans with surveillance cameras that constantly monitor the driver. The technology, the senators wrote, “raises important privacy and worker oversight questions Amazon must answer.”Amazon has presented a different opinion of what Day 1 means for workers. The first thing it mentions in its official statement on Bessemer is the starting pay of $15.30 per hour, double the federal minimum wage.Mr. Cox, who worked in an Amazon warehouse in Washington state, said the higher pay has paradoxically fueled the discontent. The pay “is better than working at a gas station, so people naturally want to keep these jobs,” he said. “That’s why they want them to be fair. I saw a lot of depression and anxiety when I worked for Amazon.”(Mr. Cox said he was fired by Amazon in 2018 for organizing. Amazon told him he had violated safety protocol).The confrontation between Day 1 and Day 2 has been sharpest over bladders.The topic erupted last month when Representative Mark Pocan, Democrat of Wisconsin, tweeted at the company, “Paying workers $15/hr doesn’t make you a ‘progressive workplace’ when you union-bust & make workers urinate in water bottles.”Amazon’s social media account fired back: “You don’t really believe the peeing in bottles thing, do you? If that were true, nobody would work for us.”This isn’t the way corporations usually talk to members of Congress, even on Twitter. On Friday, after days of being pummeled on the issue, Amazon apologized to Representative Pocan, saying: “The tweet was incorrect. It did not contemplate our large driver population and instead wrongly focused only on our fulfillment centers.” Amazon blamed Covid and “traffic,” not its punishing schedules.Representative Pocan responded on Saturday with a sigh. “This is not about me, this is about your workers — who you don’t treat with enough respect or dignity,” he wrote.The bathroom question is one on which the company has long been vulnerable. Enforcement files from regulators in Amazon’s home state of Washington indicate that questions about whether the company had an appropriate number of bathrooms in its Seattle headquarters have arisen over the past dozen years.The company has “insufficient lavatory facilities for male employees” according to a 2012 complaint received by the state’s Department of Labor and Industries. “Employees routinely traverse multiple buildings in search of available facilities.”A 2014 complaint filed by an Amazon employee to the same department said employees got 12 minutes a day for “bathroom, getting water, personal calls, etc.” outside of normally scheduled breaks. Those who needed further toilet time had to provide a doctor’s note “explaining why the need to void more than usual.”The complaints went beyond Amazon’s white-collar offices. A warehouse worker told Labor and Industries in 2009 that a manager and a human resources representative had told her that “there would be disciplinary action against me if I continue to use the bathroom on company time” — she meant unscheduled breaks. The employee added that the H.R. representative told her that “it was not fair to the company that I was getting paid when I’m not working because I’m in the bathroom.”Amazon’s headquarters in Seattle. Some employees have filed bathroom-related complaints, including saying some of the offices have too few restrooms.Miles Fortune for The New York TimesAmazon did not respond to questions about the enforcement reports. A spokesman for the Department of Labor and Industries declined to comment, except to note that outside of Amazon, “We really don’t get a lot of bathroom-related complaints.”Other technology companies have prided themselves on overriding mere bodily needs. Marissa Mayer, an early Google employee, attributed the search company’s success to working 130 hours a week — entirely possible, she said in a 2016 interview with Bloomberg Businessweek, “if you’re strategic about when you sleep, when you shower, and how often you go to the bathroom.”When Google was a start-up, the notion was that you gave up everything — family, sleep, diversion — so you might become successful and rich. But former workers at Amazon warehouses said that under the Day 1 philosophy, they suffered merely to stay employed.“I believe many employees have indirectly lost their job for going to the bathroom. You’re like, can I hold it to break time?” said John Burgett, who blogged for several years about working in an Amazon warehouse in Indiana.His conclusion on his last entry, in 2016: Amazon was “testing the limits of human beings as a technical tool.” More

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    Winter Storm Disrupts Automakers, Retailers and Delivery Services

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    #masthead-section-label, #masthead-bar-one { display: none }Winter StormsliveLatest UpdatesMapping the Storm’s ImpactMillions Without PowerDisruptions to BusinessesPhotosAdvertisementContinue reading the main storySupported byContinue reading the main storyWinter Storm Disrupts Wide Swath of American BusinessPower outages, natural gas shortages and icy conditions made it hard for automakers, retailers and delivery carriers to operate across much of the South and Midwest.A UPS worker made deliveries in Chicago on Tuesday after an overnight storm dumped more than a foot of snow on the area.Credit…Charles Rex Arbogast/Associated PressPeter Eavis and Feb. 16, 2021, 6:05 p.m. ETThe winter storm that barreled across much of the United States over the holiday weekend severely disrupted businesses including large car factories, retail chains and the delivery services that people are deeply reliant on for basic necessities.General Motors, Ford Motor, Toyota, Nissan and other automakers suspended or shut down production at plants from Texas to Indiana as rolling blackouts, natural gas shortages and icy conditions made it difficult to keep assembly lines running.Walmart was forced to close as many as 500 stores across the South and Midwest, according to a map that was being updated in real time on its website. Pharmacy chains also shut stores, potentially making it harder for customers to collect prescriptions and also delaying vaccinations against the coronavirus, which had begun at many pharmacies at the end of last week.Publix, a grocery and pharmacy chain that operates across the South, said on Tuesday that it had to delay vaccinations in Florida because vaccine shipments were delayed by the storm. CVS said it had closed about 775 stores. Walgreens said around 200 stores in Texas were closed because of power disruptions.The storm dealt a blow to huge economic hubs that are accustomed to hurricanes and tornadoes but not extreme winter weather that strains power grids and sends temperatures well below averages for this time of year.“I was born in Fort Worth in 1956, and I’ve never seen weather this bad for this long,” said George Westhoff, president of Midland Manufacturing, a Fort Worth company with 40 employees that makes well cylinders and other metal products. “I’m not sure how much of my equipment would start up under these cold conditions,” he said, noting that he was the only person at his plant on Tuesday.Because millions of people have been working from home during the coronavirus pandemic, winter storms may not have quite the economic cost they once did. But the loss of power can sever the internet connections that people need to do their jobs. PowerOutage.us, a site that tracks electricity disruptions, said that, of the 12.5 million customers it tracks in Texas, 3.2 million were without power on Tuesday.Managers of the electricity grid in Texas and elsewhere have had to order rolling blackouts after many power plants were forced offline because of icy conditions and some could not get sufficient supplies of natural gas. Some wind turbines also shut down. At the same time, demand for electricity and natural gas has shot up because of the cold weather.“What’s complicating things is that huge swaths of Texas have lost power,” said Michael Trevino, a vice president at the Dallas Regional Chamber.Group 1 Automotive, a big chain of car dealerships based in Houston, has closed many of its franchises in Texas and Oklahoma.“Our office doesn’t have power. Dallas is snowed in. Oklahoma is snowed in. Houston is icy,” said Pete Delongchamps, a senior vice president at the company. He is hunkering down at home, where both power and water are out. “It’s blankets and water jugs.”Some companies kept operating. Raytheon Technologies, a large aerospace and military contractor, said Tuesday that its facility in McKinney, Texas, was open. And Home Depot and Costco stores in Southlake, a suburb of Dallas and Fort Worth, were open Tuesday.Christina Cornell, a Home Depot spokeswoman, said over 100 stores in Texas and elsewhere were closed or operated with reduced hours on Monday but the majority of them reopened Tuesday. She added that all Home Depot stores in the United States have backup generators that allow them to operate basic services during blackouts.The storm has caused extensive delays across the vast package delivery networks that many people now rely on as shopping has shifted online.FedEx said winter weather had caused “substantial disruptions” at its Memphis hub, which is the company’s largest center, occupying 800 acres, and is normally capable of sorting nearly half a million documents and packages an hour. FedEx added that delays were possible across the United States for Tuesday deliveries.UPS said weather could cause delays in areas not directly hit by the storms. Packages may take longer to get from one place to another, and many delivery services move goods through big sorting hubs in the middle of the country to serve both the East and West Coasts. UPS’s main air hub is in Louisville, Ky., and it also has a hub in Dallas, for example.The winter storm prompted the United States Postal Service to close post offices, processing hubs and other facilities in Texas, Alabama and Mississippi, according to its website.The storm has also affected Amazon, which operates its own large logistics network that includes planes, hubs and delivery vans operated by contractors.“The health and safety of our employees, customers and the drivers who deliver packages is our top priority,” Maria Boschetti, a spokeswoman, said in a statement. “Out of an abundance of caution and to ensure everyone’s safety, we have closed some of our sites in Arkansas, Illinois, Oklahoma, Missouri, Tennessee, Texas, Indiana and Kentucky.”Some automakers said they shut down operations in an effort to limit their energy use. Ford closed a plant in Claycomo, Mo., near Kansas City, Mo., this week “to ensure we minimize our use of natural gas that is critical to people’s homes,” a company spokeswoman said.The plant produces the F-150 pickup truck, one of the industry’s best-selling vehicles. Ford doesn’t plan to resume normal operations at its shuttered plant until Monday. The factory employs about 7,300 people. Union workers will be paid 75 percent of their gross pay for the week.Nissan closed its four U.S. plants on Monday and canceled the morning and afternoon shifts on Tuesday, a spokeswoman said. Two of the plants, in Canton, Miss., and Smyrna, Tenn., make cars and the other two, both in Decherd, Tenn., make engines. The company is monitoring the situation to see if it can resume production Tuesday night.General Motors said Tuesday that it was not affected by the natural gas shortage but that it was still suspending the first shift at four plants in Tennessee, Indiana, Kentucky and Texas because of “the significant winter weather conditions.”Trucks stuck in traffic on Monday because of the storm in Austin, Texas.Credit…Montinique Monroe/Getty ImagesToyota Motor canceled the first and second shifts at five factories, including its largest U.S. plant in Georgetown, Ky., and a pickup truck plant in San Antonio, because of the winter storm and energy disruptions it caused. The other three plants are in Kentucky, Indiana and Mississippi.Honda canceled or suspended late shifts on Monday and early shifts on Tuesday at plants in Alabama, Georgia, Ohio and Indiana. The company is planning to resume production Tuesday night at all but its Alabama car plant, where Tuesday evening’s shift has also been canceled.The shutdowns add to troubles for Ford, G.M. and other automakers that have separately had to idle plants because of a global semiconductor shortage. The chip shortage is expected to reduce the profit of automakers by billions of dollars this year.Some companies are looking forward to a surge of business after the bad weather passes.Mr. Delongchamps, the Group 1 Automotive executive, said, “We will probably see a pickup in body shop business and repairs, from people whose cars got banged up or frozen.”AdvertisementContinue reading the main story More