Thursday, June 20, 2019

The Employees of No One? More Dystopian Jungles

"Bodies in Seats" is the apt title of a chilling recent article in The Verge. The next time I hear debates about social media purges meant to make me safe from "speech," I'll try to remember that workers (not corporate executives) are doing that work. And, repeat after me: "FACEBOOK IS NOT THE EMPLOYER." The story is already a lead candidate for my torts and workers' compensation final exams next year. How many fact patters do you see? Workplaces are getting safer and safer? Well,welcome to the Jungle:

February, I wrote about the secret lives of Facebook contractors in America. Since 2016, when the company came under heavy criticism for failing to prevent various abuses of its platform, Facebook has expanded its workforce of people working on safety and security around the world to 30,000. About half of those are content moderators, and the vast majority are contractors hired through a handful of large professional services firms. In 2017, Facebook began opening content moderation sites in American cities including Phoenix, Austin, and Tampa. The goal was to improve the accuracy of moderation decisions by entrusting them to people more familiar with American culture and slang.

 

Cognizant received a two-year, $200 million contract from Facebook to do the work, according to a former employee familiar with the matter. But in return for policing the boundaries of free expression on one of the internet’s largest platforms, individual contractors in North America make as little as $28,800 a year. They receive two 15-minute breaks and a 30-minute lunch each day, along with nine minutes per day of “wellness” time that they can use when they feel overwhelmed by the emotional toll of the job. After regular exposure to graphic violence and child exploitation, many workers are subsequently diagnosed with post-traumatic stress disorder and related conditions.

 

Three former moderators for Facebook in North America agreed to break their nondisclosure agreements.

 

My initial report focused on Phoenix, where workers told me that they had begun to embrace fringe views after continuously being exposed to conspiracy theories at work. One brought a gun to work to protect himself against the possibility of a fired employee returning to the office seeking vengeance. Others told me they are haunted by visions of the images and videos they saw during their time on the job.

 

Conditions at the Phoenix site have not improved significantly since I visited. Last week, some employees were sent home after an infestation of bed bugs was discovered in the office — the second time bed bugs have been found there this year. Employees who contacted me worried that the infestation would spread to their own homes, and said managers told them Cognizant would not pay to clean their homes.

 

“Bed bugs can be found virtually every place people tend to gather, including the workplace,” Cognizant said in a statement. “No associate at this facility has formally asked the company to treat an infestation in their home. If someone did make such a request, management would work with them to find a solution.”

 

Bed bug ticking time bombs? Even after 13 years of teaching and 11 years of practice my hypothetical fact patterns can't keep up with the real world. The full piece can be accessed here.

Michael C. Duff

https://lawprofessors.typepad.com/workerscomplaw/2019/06/the-employees-of-no-one-more-dystopian-jungles.html

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