Outten & Golden has filed a class action lawsuit against Lyft, Inc., one of the country’s largest rideshare companies, alleging that the company systematically fails to provide Washington D.C. drivers with paid sick leave under the District’s Accrued Sick and Safe Leave Act (“ASSLA”).

The lawsuit alleges that the COVID-19 pandemic makes paid sick leave is vitally important. Without it, Lyft forces its drivers into a Hobbesian choice: risk their lives (and the lives of their passengers) or risk their livelihoods.

The D.C. Council first enacted the ASSLA over a decade ago, recognizing the importance of allowing workers to take the time needed to recover from an illness, or to care for a loved one recovering from an illness, without sacrificing their pay to do so.

The ASSLA provides most D.C. workers with up to seven days’ worth of paid leave after 90 days of employment. In addition to providing leave for a medical illness or injury, the ASSLA also provides paid leave to obtain a medical diagnosis or preventative care or for victims of stalking, domestic violence, or sexual abuse.

The complaint alleges that Lyft’s policy, on the other hand, is an illusory “bait and switch.” It covers only those drivers formally diagnosed with COVID-19 or put under individual quarantine by a public health agency.” The complaint alleges that this policy covers a significantly smaller percentage of workers than would be covered under the ASSLA.

The complaint seeks a court order forcing Lyft to comply with the ASSLA and an award of monetary penalties to driver class members for Lyft’s failure to provide sick leave since it arrived in D.C. in 2013.

Outten & Golden’s Christopher M. McNerney said sick leave is a human right. Now more than ever, during the COVID-19 pandemic drivers need the protection of paid time off when they or a family member gets sick.

Osvatics v. Lyft, Inc., No. 20 Civ. 1426 (D.D.C. filed May 29, 2020), was filed in the U.S. District Court for the District of Columbia.