14.31.060 - Evaluation of TNC driver minimum compensation
A. The Agency, in coordination with the Office of Labor Standards, shall conduct an evaluation to determine a minimum compensation standard for TNC drivers that is comprised of at least the equivalent of the "hourly minimum wage" established for Schedule 1 employers in Chapter 14.19 plus reasonable expenses. The Agency is authorized to consider a minimum compensation standard that provides compensation for available platform time, dispatch platform time, passenger platform time, and reasonable expenses.
B. In conducting its evaluation, the Agency shall consider the best available sources of data, which may include, but are not limited to: TNC driver surveys or interviews, data provided by TNCs, data provided by TNC drivers, data provided by passengers, data from other jurisdictions, data available through academic, policy, or community based organizations, public forums, academic research, and stakeholder interviews. The Agency shall coordinate with the Office of Labor Standards to determine the best available sources of data as well as to conduct outreach with and elicit input from relevant stakeholders. Areas of evaluation may include, but are not limited to:
1. The "hourly minimum wage" established for Schedule 1 employers in Chapter 14.19;
2. The number of TNC drivers who provide TNC services for more than one TNC and the frequency with which TNC drivers are available to provide TNC services for more than one TNC at the same time;
3. The average and mean number of trips per hour driven by TNC drivers;
4. The average and mean number of pick-ups per hour completed by TNC drivers;
5. The average and mean amount of available platform time, dispatch platform time, and passenger platform time for TNC drivers;
6. The average and mean mileage driven by TNC drivers during available platform time, dispatch platform time, and passenger platform;
7. The average and mean number of hours driven by TNC drivers each week;
8. Incentives for TNCs to reduce available platform time;
9. The impact of TNC drivers providing shared or pooled trips on TNC driver earnings, work hours, or working conditions under any proposed minimum compensation standard;
10. The reasonable expenses incurred by TNC drivers to provide TNC services, including non-mileage expenses and mileage expenses. Mileage expenses may include, but are not limited to:
a. Depreciation;
b. Lease payments;
c. Maintenance and repairs;
d. Tires;
e. Gasoline (including all taxes thereon);
f. Oil;
g. Insurance; and
h. License and vehicle registration fees;
11. The impacts of any proposed minimum compensation standard on TNCs, TNC passengers, and TNC drivers, including TNC driver earnings and work hours;
12. The average and mean percentage of the passenger price that is retained by TNCs on each trip, as compared to the percentage of passenger price that is retained by TNC drivers on each trip; and
13. Access to benefits, such as medical, disability, and life insurance, retirement benefits, paid leave, and other benefits for TNC drivers.
C. In conjunction with its evaluation, the Agency, in coordination with the Office of Labor Standards, is authorized to contract with academic and/or policy researchers to conduct an evaluation to recommend a minimum compensation standard for TNC drivers that is comprised of at least the equivalent of the "hourly minimum wage" established for Schedule 1 employers in Chapter 14.19 plus reasonable expenses.
D. The Agency shall complete its evaluation and, along with the Office of Labor Standards, present its recommendations to the Mayor and Council by March 31, 2020.
E. After receipt of the Agency's recommendation, the Mayor shall transmit to Council proposed legislation implementing a minimum compensation standard for TNC drivers no later than May 1, 2020.
F. If elements of the minimum compensation standard, considered and adopted by the Council, are mandated for a TNC driver through federal or state law, or other applicable City policy, the City intends to consider adjustments to the minimum compensation standard.
(Ord. 125977, § 2, 2019.)
