• San Francisco District Attorney Chesa Boudin is suing food delivery platform DoorDash for misclassifying its workers as contractors instead of employees.
• The civil lawsuit is one of the latest examples of how California’s AB5 law is upending tech companies’ reliance on the gig economy.
• The law went into effect in January and requires companies to treat their gig workers as employees, an action that the lawsuit is calling for DoorDash to take.
• A DoorDash spokesperson told Business Insider in an email that “today’s action seeks to disrupt the essential services Dashers provide.”
• Visit Business Insider’s homepage for more stories.

San Francisco District Attorney Chesa Boudin is suing food delivery platform DoorDash for “unlawful and unfair business practices.”

According to the complaint, pulled by Mission Local reporter Joe Eskenazi who first reported the news, the company has continued to classify its delivery workers as independent contractors instead of employees in direct defiance of a California law passed to prevent companies from doing just that. 

The state’s AB5 law went into effect in early January 2020 and strives not only to require companies to classify gig workers as employees but also to pay local, state, and federal taxes in accordance with that classification, as Eater SF notes. Boudin’s civil lawsuit is asking for DoorDash to classify its delivery workers, known as “Dashers,” as employees.

“Today’s action seeks to disrupt the essential services Dashers provide, stripping hundreds of thousands of students, teachers, parents, retirees and other Californians of valuable work opportunities, depriving local restaurants of desperately needed revenue, and making it more difficult for consumers to receive prepared food, groceries, and other essentials safely and reliably,” DoorDash Global Head of Public Policy Max Rettig said in an email to Business Insider. “We will fight to continue providing Dashers the flexible earning opportunities they say they want in these challenging times.”

San Francisco tech companies — including Uber, Postmates, and Lyft — and their business models rely heavily on gig workers. By doing so they’re able to avoid the higher costs that come with doling out wages and benefits typically reserved for full-time employees.

DoorDash — which filed to go public in late February — isn’t the only firm that has aggressively pushed back on AB5. The company and others like Lyft, Uber, and Instacart have poured millions into a campaign supporting a California ballot measure designed to reverse the AB5 law.

Ride-hailing giant Uber and food delivery company Postmates had also filed a lawsuit in December 2019 arguing that the law was unconstitutional.

But the gig workers are also going to court. 

As Business Insider’s Tyler Sonnemaker reported, drivers with Uber and Lyft in California filed claims against the companies in mid-April. The workers claimed they were owed at least $630 million in back wages as their employers continued to classify them as independent contractors, despite the passage of AB5.

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A construction worker in San Francisco died Thursday when a trench collapsed on him, burying him under several feet of dirt, fire officials said.

Emergency crews spent roughly two hours trying to rescue the worker in the area of Oak and Divisadero streets, but when they finally reached him, it was too late.

“It’s sad to say that after two hours underneath a lot of debris with no oxygen, this became a fatal incident,” San Francisco Fire Department Capt. Jonathan Baxter said.

The worker was in the trench – described as being 8 to 10 feet deep and narrow – when it collapsed, officials said.

“We initially had to get in there just with our people, with hands and buckets, lifting, basically pulling sand and dirt out of there,” San Francisco Fire Department Chief Jeanine Nicholson said.

A construction worker in San Francisco died Thursday when a trench collapsed on him, burying him under several feet of dirt, fire officials said. Sergio Quintana reports.

An urban search and rescue dog was brought in to help locate the worker, and a massive vacuum truck was used to help clear out pounds and pounds of dirt and debris that buried him.

After finding him, it took crews another two hours to remove his body from the trench.

According to San Francisco Public Works, the worker was part of a contracted crew that’s working on a city sewer upgrade project.

“Safety is our number one priority. We want to find out what happened, why it happened,” said Rachel Gordon with San Francisco Public Works. “We’re going to be working with the contractor. We’re going to be working with the fire department, Cal OSHA. We have street inspectors, construction inspectors all on scene to try and find out what happened.”

Mayor London Breed toured the site and said the city will do what it can for the worker’s family.

“Some of his family is here. We need to make sure they are properly notified and provided with the respect and the support that they need,” she said.

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Unfortunately, rescue crews have located the worker.
He did not survive the trench collapse. This is now a recovery operation and investigation. The SF Public Works dept says this was a contract worker involved in a city sewer upgrade project. pic.twitter.com/pr0dUsV6ny

— Sergio Quintana (@svqjournalist) September 28, 2023

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Ryan Mense, Charles Clifford, and Rob Nesbitt

1 month ago

SAN FRANCISCO (KRON) — A utility worker died after he was trapped in a collapsed trench and buried under dirt and concrete in San Francisco, the San Francisco Fire Department said. The victim was working on a sewer line when 8-10 feet of debris fell on top of him.

The fatal incident happened at a worksite in the Lower Haight neighborhood on the corner of Divisadero and Oak streets. The victim had been working below ground on a sewer project for the city’s public utilities commission, Rachel Gorden of San Francisco Public Works told KRON4.

“They were below ground in an open trench doing sewer upgrade work,” Gorden said.

Fire crews immediately launched an effort to dig down and rescue him around 10:30 a.m. with 50 rescuers on scene. The worker was trapped in the trench for two hours before his lifeless body was found, the SFFD said.

Video from SFFD showed fire crews near a hole in the ground with ropes nearby and rescuers digging dirt. Fire officials said specialized tools such as tripods, shoring equipment and a vacuum truck were utilized.

Fire Captain Jonathan Baxter said, “After being evaluated by our paramedics and our department physician … unforcedly this individual did not survive the injuries associated to this.”

A worker was buried in a collapsed trench and killed in San Francisco on Sept. 28, 2023. (Image courtesy SF Fire Department)

According to the San Francisco PUC, the victim was a private contractor working on a city sewer line. It’s unclear why the trench suddenly collapsed. There are multiple agencies investigating this death, including Cal OSHA.

Gorden said, “We are inspecting to see what they were doing at the time of this trench collapse.” Gorden said safety is the number one priority for any construction site.

As of Thursday afternoon, the victim’s identity had not yet been released by officials.

Dozens of residents gathered near the scene were sad to hear the news. Resident Rebecca Gallegos said the victim was “just providing for his family, and went to work, and this person is not coming home today.”

(Photo: SFFD)

Authorities are asking people to avoid the area and to take alternate routes.

This is a developing story. Check back for updates.

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A 25-year-old man who died when a trench collapsed in San Francisco on Thursday morning was a contractor working on a sewer upgrade construction project, city officials said.

The San Francisco Medical Examiner’s Office on Friday identified the worker as 25-year-old Javier Romero from Alameda County.

Romero became trapped under 8 feet of dirt when the trench collapsed in the area of Oak and Divisadero streets. The San Francisco Fire Department had initially written on social media around 10:35 a.m. Thursday about a technical rescue underway there.

First responders from multiple city agencies, as well as a search dog and trench collapse experts worked to try to rescue Romero, but he was pronounced dead at the scene.

He was working on part of the San Francisco Public Utilities Commission’s Panhandle and Inner Sunset Large Sewer Rehabilitation Project to upgrade existing sewer mains and sewer laterals in the area, SFPUC officials said in a statement.

The city’s Department of Public Works was managing construction on the project and its contractor was D’Arcy & Harty Construction Inc.

The California Division of Occupational Safety and Health is investigating the trench collapse and the SFPUC said the city agencies involved are fully cooperating with the investigation.

“Our deepest condolences go out to the family and loved ones of this worker, and our thoughts are with everyone affected by this situation,” the SFPUC said in its statement. “We want to thank all of the crews who responded to the scene and worked swiftly and tirelessly on this incident.”

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Some sort of sidewalk collapse occurred Thursday morning over a utility trench near the Lower Haight neighborhood, trapping one person underground.

The San Francisco Fire Department undertook a rescue effort near the intersection of Divisadero and Oak streets Thursday morning. A collapse occurred just before 10:30 a.m., and the SFFD’s public information officer, Captain Jonathan Baxter, tweeted that there was one person trapped under an estimated eight feet of dirt.

The nature of the trench or what kind of construction or other activity had been going on there is not clear. Firefighters were pictured in the area focused on the sidewalk and street just outside a garage, where they were digging to remove dirt. The garage can be seen below, between two Victorian buildings on the 1100 block of Oak Street.

Photo: Google Street View

Motorists are being told to avoid the area, and traffic is backing up on both Oak and Divisadero.

ABC 7 has live helicopter footage of the rescue effort.

Update: According to Captain Baxter, a “sidewalk collapse occurred during utility construction work.”

Update 2: Baxter confirmed as of around 12:15 p.m. that rescuers had reached the trapped individual, and he was deceased. The operation then transitioned into a body-recovery effort.

The nature of the work that was being performed in the trench and by whom has not yet been reported.

Rescuers on scene at Oak and Divisadero have reached the victim and confirmed the rescue has transitioned into recovery. SF Medical Examiner is on scene and the cause of the incident will be under investigation.
SFFD will remain on-scene until recovery operations are complete. pic.twitter.com/HvvFvTi8MF

— SAN FRANCISCO FIRE DEPARTMENT MEDIA (@SFFDPIO) September 28, 2023

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A 25-year-old man who died when a trench collapsed in San Francisco on Thursday morning was a contractor working on a sewer upgrade construction project, city officials said.

The San Francisco Medical Examiner’s Office on Friday identified the worker as 25-year-old Javier Romero from Alameda County.

Romero became trapped under 8 feet of dirt when the trench collapsed in the area of Oak and Divisadero streets. The San Francisco Fire Department had initially written on social media around 10:35 a.m. Thursday about a technical rescue underway there.

First responders from multiple city agencies, as well as a search dog and trench collapse experts, worked to try to rescue Romero, but he was pronounced dead at the scene.

He was working on part of the San Francisco Public Utilities Commission’s Panhandle and Inner Sunset Large Sewer Rehabilitation Project to upgrade existing sewer mains and sewer laterals in the area, SFPUC officials said in a statement.

The city’s Department of Public Works was managing construction on the project and its contractor was D’Arcy & Harty Construction Inc.

The California Division of Occupational Safety and Health is investigating the trench collapse and the SFPUC said the city agencies involved are fully cooperating with the investigation.

“Our deepest condolences go out to the family and loved ones of this worker, and our thoughts are with everyone affected by this situation,” the SFPUC said in its statement. “We want to thank all of the crews who responded to the scene and worked swiftly and tirelessly on this incident.”

More from CBS News

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A South San Francisco man was arrested Saturday night for stabbing a Pacific Gas and Electric worker who worked on the 900 block of Antoinette Lane in the neck for unknown reasons, police said.

At around 9:30 pm on June 11, Nicanor Cortez, 30, is accused of approaching two PG&E workers who were using spray paint to mark gas lines, saying “what’s up,” and then stabbing one in the neck. He then fled to a nearby apartment building. The worker was hit in the carotid artery, causing severe bleeding, and was taken to a trauma center where he is recovering from his injuries. According to police, Cortez was located and arrested for attempted manslaughter.

According to prosecutors, Cortez may have a mental illness and has spoken out about wanting to kill people. This is a second strike case. He was convicted of attempted arson in 2020. This does not appear to be an attack on utility workers. He is scheduled to appear in court on June 21.

Any witnesses to this attack are asked to contact CID Detective Perez at (650) 877-8900.

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Every morning, Agustin Fuentes makes his way to the front door of the San Francisco Day Labor Program in the Mission. There he starts his day by sweeping the leaves, plastic bags and cigarette butts that have blown down Cesar Chavez Street and gathered on the sidewalk overnight. After he’s done, he checks in to see if anyone’s called in to the program with a job moving, painting or gardening. If not, he joins the hundreds of day laborers standing on street corners throughout the city, hoping for a few hours of work.

At the end of the day, Fuentes doesn’t retreat to a warm bed indoors. Instead, he finds a few pieces of cardboard and hunkers down on the sidewalk.

Fuentes is one of hundreds of unhoused people in the Mission who are underserved by the city’s homeless programs. In the daytime, when outreach workers hit the streets, he’s at work. At night, he keeps a low profile, trying to stay out of other people’s way. Nearly 60, he’s lived in San Francisco 40 years. For the past 20, he’s been homeless.

Contrary to what we read on Twitter and in the national media, particularly surrounding discussions of Chesa Boudin’s recall, San Francisco’s population of homeless people are not all drug addicts who break into cars and commit violent crimes. In some ways, it’s easier to lean on that narrative; by assuming they are at fault for their homelessness through some deep moral failing, it absolves us from feeling obligated to do anything about it.

But that’s not the reality.

Many, like Fuentes, are longtime residents who simply can’t afford a place to live. And they love this city.

“It’s a beautiful place to live whether you’re homeless or you have a house,” Fuentes said. “I want to stay in my home, in my community, in my beautiful city.”

But as the city — particularly the Mission — has gotten more expensive, its homeless population has grown. Infrastructure to address the crisis has been slow to catch up.

After years of trying to get help with no offers of housing or resources, Fuentes has lost trust in the system. He rarely leaves the neighborhood and doesn’t feel safe in the tenderloin, where much of the city’s services are located.

We often refer to people like Fuentes as falling through the cracks. But it’s not a crack, it’s a gaping hole. The system simply isn’t designed to serve them.

That’s why in March, the Latino Task Force, a collective of more than 40 community groups, deployed 80 volunteers to do block-by-block survey of the Mission’s homeless residents. The goal was not to simply count people, but to collect nuanced information on their needs: how far people must travel to get water (60% said more than two blocks), how many had lost items during homeless sweeps (75%) or how many spoke Spanish as their preferred language (43%).

The ensuing report, released Thursday, fills in crucial gaps in city data on people experiencing homelessness and proposes some long-overdue solutions.

The report confirms that there are many like Fuentes who have been left out. Of the 110 people polled, only 17% said they were on a waiting list for shelter or housing, although nearly every person said they’d like to move indoors.

One barrier: There is nowhere in the Mission District to apply for permanent supportive housing. And even if you’re lucky enough to get on the waitlist for a coveted, subsidized unit, the path inside is broken — especially for the area’s Latino population. The journey from approval to moving indoors can take more than a year. In the first three months of 2022, only 20% of those who moved into this type of housing were Latino. But in the Latino Task Force’s poll, nearly 50% identified as Latino.

After decades of watching more of their community end up on the streets, members of the Latino Task Force aren’t waiting for a top-down solution to homelessness to land in their laps. They have a plan to get people off the streets: El Proyecto Dignidad, the Dignity Project.

The plan looks something like this:

When a sweep of a homeless camp is scheduled, community monitors will act as an intermediary between city agencies and homeless residents, ensuring that people and their belongings are kept safe. Trained case workers from nonprofits will then partner with each person in the camp to start referrals. People will enter shelters and their belongings will be stored while they wait for permanent housing. The streets where they camped will then be cleaned.

It’s not wildly different from what the city says it does during a homeless sweep, though, importantly, without an overreliance on police. And instead of depending on city agencies, El Proyecto Dignidad will empower the Mission neighborhood to care for its own. That means outreach to people like Fuentes would come from people who speak his language, who understand his culture and who he may even recognize from the neighborhood. That trust is essential.

It’s a plan that requires policy shifts, but minuscule new financial investment: The only budget ask is for money to hire two community members to monitor activities between city agencies and mission residents who live outdoors.

There’s a precedent in the city’s plan to end homelessness in the transgender community, which entails a $6.5 million investment in trans-led groups already working with the population and a commitment to permanently subsidize housing for 150 people.

Supporting a similarly engaged coalition that has a clear idea of ​​how to solve homelessness within their community should be a no-brainer.

Too many in San Francisco view homelessness as an intractable, unsolvable challenge. But there’s another narrative that could be true: When given the resources, communities can take care of their own, without displacing people, adding to their trauma or letting them fall through the cracks. For the mission, which has experienced decades of gentrification with little remediation, this trust and investment is long overdue.

Nuala Bishari is a San Francisco Chronicle opinion columnist and editorial writer. Email: nuala.bishari@sfchronicle.com

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Charmaine Wilks, 51, works as an accounting clerk at the head office of the Urban Development Corporation (UDC) in Kingston.

She spends her days processing tax certificates on the TAJ system, doing bank reconciliation, bank charges, inventory reconciliation, auditing schedules for subsidiary companies and filing tax certificates.

Her current job description is incomparable to the years she spent clearing drains, fixing pipes, and removing blockage from sewage systems as a certified plumber.

For years, Wilks worked as a temporary plumber at Urban Maintenance Limited, a subsidiary of the UDC. And after it closed, she got a permanent job with the UDC.

She decided that he wanted to become a plumber after noticing the inadequacies in the plumbing system at her parents’ house and fixed it with no expertise. Impressed with what she achieved, Wilks decided to get certified in the skill.

In 2002, she enrolled at the HEART College of Construction Services, formerly Portmore Heart Academy, and did up to level three in the course. Wilks recalls being the only female in the class, but she was undaunted.

“It is a joy for me working in a field dominated by men. I want to ensure the customers get quality standard work, and the finishing must look good and no short handwork or ripped off. Also, I prefer to work with males,” she said.

After a decade working as a plumber, she decided to further upskill and get a level four certification at the Portmore Community College. However, not enough students were enrolled, and so according to Wilks, the college scrapped the programme, and she was encouraged to choose another course of study.

“It was easier for me to shift my skills area to business. Because business was my vocational area in school as a teenager, and accounts was my favorite subject. I also have worked in a hardware store and help manage the business finances,” she said.

A few years later, Wilks decided to pursue a career fully in business. “In January 2018, I make my career shift when I started my Associate of Science Degree in Business Studies and did my first working experience in Finance and Accounts at UDC in November 2019 and was promoted to that department in February 2020. So I continue on the education path and completed my Bachelors of Science Degree in Business Administration February 2022,” she said.

She said her decision to change career paths was made easier because of the support she gets from her family, and her employer.

“I was encouraged not to give up my plumbing even though I am fulfilling another role and I should keep up the good work. Moreover, having two good skills that can contribute significantly to the company and it also makes me more marketable,” she said.

And according to Wilks, the years she spent as a plumber have solidified some characteristics which are now proving to be very beneficial to her current role.

“I am ambitious and very committed and have a positive attitude towards my work. I ensure that I maintain my integrity in the workplace and try to have a good relationship with both internal and external customers and get feedback from them to see if they are satisfied with the service they are getting,” she said.

“I am so self-motivated. Furthermore, I always aim for the highest and whatever I want to achieve I work hard to get it. Being self-confident, I never fear if I won’t do well.”

And for women who may be thinking of switching careers, Wilks had this advice: “I would advise them that they choose a skill area that they love. Having more than one skill will help them to be more marketable and even better in their finances. Choosing a technical skill they can save some money because they can do the job themselves.”

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