On July 06, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Uber Technologies, Inc.,
and
New York City Department Of Consumer And Worker Protection,
The City Of New York,
Vilda Vera Mayuga
In Her Official Capacity As Commissioner Of The New York City Department Of Consumer And Worker Protection,
for Special Proceedings - CPLR Article 78
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 07/24/2023
EXHIBIT 56
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023
7/24/23, 2:22 PM Uber And Lyft Drivers Slow Down NYC Traffic To Protest App Changes - Gothamist
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 07/24/2023
Uber And Lyft Drivers Slow Down NYC Traffic To Protest
App Changes
gothamist.com/news/uber-and-lyft-drivers-slow-down-nyc-traffic-protest-app-changes
By Jen Chung Published Sep 17, 2019ShareFacebookTwitterRedditEmail
News
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NBC New York
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Make your contribution now and help Gothamist thrive in 2023. Donate today
Gothamist is funded by sponsors and member donations
Traffic was backed up on the Brooklyn Bridge and FDR Drive on Tuesday when hundreds
of Uber and Lyft drivers conducted a "slow vehicle procession" toward Gracie Mansion to
protest new changes to the companies' apps. Drivers are arguing that the companies are
preventing them from earning a living—and want the Mayor and City Council to step in.
According to the Independent Drivers Guild, "Starting on Tuesday Uber will enact new
policies to kick drivers off the apps between trips and in areas of lower demand in order to
avoid paying drivers as required by New York City’s pay regulations. Lyft enacted a similar
policy earlier this summer to protests from the Drivers Guild. The New York City Taxi and
Limousine Commission has failed to take action, so the Drivers Guild is calling for the
Mayor and City Council to stop the apps from violating the pay rules in an attempt to scam
drivers out of fair pay."
In June, Lyft changed its policy to comply with minimum-wage laws. As Crain's explained it,
"The new payment formula looks at how much of the time a driver cruises with an empty
car. The more cruising a driver does, the more fare revenue the app-based company needs
to share to ensure the driver makes at least $17 an hour after expenses. App-based
https://gothamist.com/news/uber-and-lyft-drivers-slow-down-nyc-traffic-protest-app-changes 1/2
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023
7/24/23, 2:22 PM Uber And Lyft Drivers Slow Down NYC Traffic To Protest App Changes - Gothamist
NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 07/24/2023
services with a high 'utilization rate'—meaning their drivers are ferrying passengers nearly
60% of the time—can contribute less to the driver's pay. To reduce congestion in Midtown
the Taxi and Limousine Commission wants fewer empty cars."
Now Uber is following suit, not that it nor Lyft want to; Lyft had filed (and then dropped) a
lawsuit challenging the minimum wage rule, while Uber said in a statement on Monday,
"Time and again we’ve seen Mayor (Bill) de Blasio’s TLC pass arbitrary and politically-
driven rules that have unintended consequences for drivers and riders."
The Independent Drivers Guild argued, "By logging drivers off the app and requiring them
to travel to an area of higher demand in order to pick up their next trip, Lyft would be shifting
the costs of travel and waiting time onto the drivers and in so doing, violate this
commission’s rules."
NYC's own yellow cab industry is in crisis, in part because of increased competition from
the app-based services. The IDG has asked for a Drivers' Bill of Rights, which would
prevent the apps from deactivating drivers without a stated cause, among other guarantees.
https://gothamist.com/news/uber-and-lyft-drivers-slow-down-nyc-traffic-protest-app-changes 2/2
Document Filed Date
July 24, 2023
Case Filing Date
July 06, 2023
Category
Special Proceedings - CPLR Article 78
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023 NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 07/24/2023 EXHIBIT 56 FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023 7/24/23, 2:22 PM Uber And Lyft Drivers Slow Down NYC Traffic To Protest App Changes - Gothamist NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 07/24/2023 Uber And Lyft Drivers Slow Down NYC Traffic To Protest App Changes gothamist.com/news/uber-and-lyft-drivers-slow-down-nyc-traffic-protest-app-changes By Jen Chung Published Sep 17, 2019ShareFacebookTwitterRedditEmail News Never miss a story NBC New York We rely on your support to make local news available to all Make your contribution now and help Gothamist thrive in 2023. Donate today Gothamist is funded by sponsors and member donations Traffic was backed up on the Brooklyn Bridge and FDR Drive on Tuesday when hundreds of Uber and Lyft drivers conducted a "slow vehicle procession" toward Gracie Mansion to protest new changes to the companies' apps. Drivers are arguing that the companies are preventing them from earning a living—and want the Mayor and City Council to step in. According to the Independent Drivers Guild, "Starting on Tuesday Uber will enact new policies to kick drivers off the apps between trips and in areas of lower demand in order to avoid paying drivers as required by New York City’s pay regulations. Lyft enacted a similar policy earlier this summer to protests from the Drivers Guild. The New York City Taxi and Limousine Commission has failed to take action, so the Drivers Guild is calling for the Mayor and City Council to stop the apps from violating the pay rules in an attempt to scam drivers out of fair pay." In June, Lyft changed its policy to comply with minimum-wage laws. As Crain's explained it, "The new payment formula looks at how much of the time a driver cruises with an empty car. The more cruising a driver does, the more fare revenue the app-based company needs to share to ensure the driver makes at least $17 an hour after expenses. App-based https://gothamist.com/news/uber-and-lyft-drivers-slow-down-nyc-traffic-protest-app-changes 1/2 FILED: NEW YORK COUNTY CLERK 07/24/2023 10:22 PM INDEX NO. 155943/2023 7/24/23, 2:22 PM Uber And Lyft Drivers Slow Down NYC Traffic To Protest App Changes - Gothamist NYSCEF DOC. NO. 93 RECEIVED NYSCEF: 07/24/2023 services with a high 'utilization rate'—meaning their drivers are ferrying passengers nearly 60% of the time—can contribute less to the driver's pay. To reduce congestion in Midtown the Taxi and Limousine Commission wants fewer empty cars." Now Uber is following suit, not that it nor Lyft want to; Lyft had filed (and then dropped) a lawsuit challenging the minimum wage rule, while Uber said in a statement on Monday, "Time and again we’ve seen Mayor (Bill) de Blasio’s TLC pass arbitrary and politically- driven rules that have unintended consequences for drivers and riders." The Independent Drivers Guild argued, "By logging drivers off the app and requiring them to travel to an area of higher demand in order to pick up their next trip, Lyft would be shifting the costs of travel and waiting time onto the drivers and in so doing, violate this commission’s rules." NYC's own yellow cab industry is in crisis, in part because of increased competition from the app-based services. The IDG has asked for a Drivers' Bill of Rights, which would prevent the apps from deactivating drivers without a stated cause, among other guarantees. https://gothamist.com/news/uber-and-lyft-drivers-slow-down-nyc-traffic-protest-app-changes 2/2