Uber fine new jersey
| Submitted | Nov. 18, 2019 |
| Est. Completion | Dec. 11, 2019 |
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Communications
From: Edward Ongweso JR
To Whom It May Concern:
Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:
Public reports state that New Jersey fined Uber $650 million: (https://news.bloomberglaw.com/daily-labor-report/uber-hit-with-650-million-employment-tax-bill-in-new-jersey)
1)Any official communications sent to Uber Technologies, Inc. or any of its subsidiaries, including Raiser Llc., including any documents or materials used to explain the fine.
2) All presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance used by the Department to levy the fine or calculate the fine. This includes A) any notes taking during meetings that discussed taxes due from Uber, B) any explanations (whether internally or externally generated) of how or why Uber owed the State of New Jersey taxes, and C) any other document that has been used to help explain Uber's tax bill to any party, including internal documentation, public relations materials, and executive summaries.
3) A copy of any funding opportunity announcements, grant applications, and grantor status/progress reports, reports to legislative bodies, annual reports that mention Uber or its subsidiaries, as well as audit records, including but not limited to driver surveys, tax audits of Uber or its subsidiaries, and reports to oversight bodies.
4) Any digital communications including but not limited to emails and text messages) as well as documents, (including but not limited to PDF, word processing, excel, and slide documents) that mention Uber, Raiser, or any of Uber's subsidiaries.
5) Any digital communications (including but not limited to emails and text messages) with employees of Uber or any subsidiaries of Uber.
6) Any digital communications (including but not limited to emails and text messages) that mention "Raiser."
These documents will be used by VICE Media in the course of news gathering and journalism in the public service. They will be used to inform reporting for www.vice.com, an international media organization.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.
Sincerely,
Edward Ongweso JR
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New Jersey Open Public Records Act request, copied below, and originally submitted on Nov. 18, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Labor and Workforce Development
From: Department of Labor and Workforce Development
From: Department of Labor and Workforce Development
From: Department of Labor and Workforce Development
From: Department of Labor and Workforce Development
From: Department of Labor and Workforce Development
From: Department of Labor and Workforce Development
Mr. Ongweso:
This is in response to your November 18, 2019 government records requests, wherein you cite to the November 14, 2019 Bloomberg Law article regarding the Department's assessment against Uber/Rasier for unpaid contributions to the New Jersey unemployment compensation and State disability benefits funds, and wherein you seek the following:
1)Any official communications sent to Uber Technologies, Inc. or any of its subsidiaries, including Raiser LLC., including any documents or materials used to explain the fine.
2) All presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance used by the Department to levy the fine or calculate the fine. This includes A) any notes taking during meetings that discussed taxes due from Uber, B) any explanations (whether internally or externally generated) of how or why Uber owed the State of New Jersey taxes, and C) any other document that has been used to help explain Uber's tax bill to any party, including internal documentation, public relations materials, and executive summaries.
3) A copy of any funding opportunity announcements, grant applications, and grantor status/progress reports, reports to legislative bodies, annual reports that mention Uber or its subsidiaries, as well as audit records, including but not limited to driver surveys, tax audits of Uber or its subsidiaries, and reports to oversight bodies.
4) Any digital communications including but not limited to emails and text messages) as well as documents, (including but not limited to PDF, word processing, excel, and slide documents) that mention Uber, Raiser, or any of Uber's subsidiaries.
5) Any digital communications (including but not limited to emails and text messages) with employees of Uber or any subsidiaries of Uber.
6) Any digital communications (including but not limited to emails and text messages) that mention "Raiser."
Since you expressly cite to the Bloomberg Law article; since I do have readily available the government records that were provided to Mr. Opfer, the reporter from Bloomberg Law, in response to his government records request; and since the government records provided to Mr. Opfer would be responsive to certain of your numbered requests listed above; I am providing to you all of the government records that were provided to Mr. Opfer in response to his government records request, which include the following:
(a) Documents numbered sequentially in the lower right corner of each page from "T-1" through "T-29." Below is a brief description of each document:
(1) T-1 to T-2: A Summary of Audit Schedule Report (FS-325), for an audit conducted by the Department's Division of Employer Accounts of Uber for the period from 2010 through 2013. The FS-325 reflects the auditor's findings, including the auditor's assessment for unpaid unemployment compensation and State disability benefit fund contributions, interest and penalties, and is provided to the putative employer by the auditor upon the conclusion of the audit.
(2) T-3 to T-5: A letter from the Director and Chief Auditor of the Division of Employer Accounts containing the Division's assessment against Uber for unpaid unemployment compensation and State disability benefit fund contributions, which is issued when the putative employer contests the assessment contained in the FS-325 and is issued following a review of the auditor's assessment by both a supervising auditor within the Division of Employer Accounts and the Chief Auditor/Director.
(3) T-6 to T-8: Documentation reflecting the issuance by the Department of a Certificate of Debt against Uber for the amount assessed based on the 2010-2013 audit and the docketing of a judgment against Uber in the Superior Court.
(4) T-9 to T-10: The FS-325 for an audit conducted by the Department's Division of Employer Accounts of Uber for the period from 2014 through 2018.,
(5) T-11 to T-13: The letter from the Director/Chief Auditor of the Division of Employer Accounts containing the Division's assessment against Uber for unpaid unemployment compensation and State disability benefit fund contributions for the period from 2014 through 2018.
(6) T-14 to T-15: The FS-325 for an audit conducted by the Department's Division of Employer Accounts of Rasier for the period from 2014 through 2018. The exact relationship between Uber and Rasier is not known. Consequently, both entities were assessed at their respective contribution rates under N.J.S.A. 43:21-7 for the full amount due based on services performed by Uber/Rasier drivers.
(7) T-16 to T-18: The letter from the Director/Chief Auditor of the Division of Employer Accounts containing the Division's assessment against Rasier for unpaid unemployment compensation and State disability benefit fund contributions for the period from 2014 through 2018.
(8) T-19 to T-22: A letter from the Department's Assistant Commissioner of Income Security (who oversees the Division of Employer Accounts) to the attorney for both Uber and Rasier directing the production of additional documentation by Uber and Rasier, and, pending the outcome of that demand for production, staying the assessments against Uber and Rasier for 2014 through 2016 and vacating the assessments against Uber and Rasier for 2017 and 2018 without prejudice.
(9) T-23 to T-33: The FS-325s and letters from the Director/Chief Auditor of the Division of Employer Accounts containing revised assessments against Uber and Rasier for unpaid unemployment compensation and State disability benefit fund contributions for the period from 2014 through 2018. Also contained in this span of documents (at T-23) is a cover letter to the attorneys for Uber and Rasier accompanying the Director/Chief Auditor letters.
(b) Documents numbered sequentially in the middle of the page from "UI 1" through "UI 65," which are screen shots from the Division of Unemployment Insurance (DUI) computerized system, reflecting determinations made at the DUI level with regard to claims for unemployment compensation filed by Uber and Lyft drivers.
(c) Documents numbered sequentially in the lower right corner of each page from 1 through 539, which are determinations made by the Appeals Tribunal and Board of Review (both within the Department of Labor and Workforce Development), on appeal from DUI level determinations with regard to claims for unemployment compensation filed by Uber and Lyft drivers. There are also some Uber drivers who list their employer as Rasier, LLC (Rasier). Appeal Tribunal and Board of Review decisions regarding claims for unemployment compensation filed by those individuals are also included.
(d) Documents numbered sequentially in the lower right corner of each page from "WH-1" through "WH-46," which are the files of the Department's Division of Wage and Hour Compliance regarding wage claims filed by Uber and Lyft drivers.
Pursuant to N.J.S.A. 47:1A-1 and 47:1A-1.1, the Department has redacted personal information such as Social Security numbers, dates of birth, home addresses and Employer Identification Numbers (EINs). Pursuant to N.J.S.A. 43:21-11(g), the Department has also redacted information received from employees or employers in the Department's administration of the Unemployment Compensation Law, such as the "Audited Gross Amount" listed on the FS-325, and the names of unemployment compensation claimants.
With regard to the balance of your government records request, the Department must request an additional two weeks to respond. With the two week extension, the new deadline to reply would be Wednesday, December 11, 2019.
Sincerely,
David Fish
Executive Director
Legal and Regulatory Services
NJ Department of Labor and Workforce Development
P.S. There are 20 attachments, which are too many to attach to a single email. Consequently, I will send them to you in installments. This first installment will have 3 attachments. The remaining attachments will be sent three at a time by subsequent email without any additional explanation.
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~WRD000
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