That trip didn’t last long.
Just over a week after the most recent head of the New York City Taxi & Limousine Commission accepted a job with Empower — the ride-hailing app that’s been branded as “illegal” by TLC — former Commissioner David Do has opted against joining the company.
Do’s abrupt U-turn came as Empower and its chief executive officer, Joshua Sear, are facing millions of dollars in fines in Washington D.C. for being in contempt of a 2024 court order to cease operations in the district, where the company started in 2020.
Empower is also facing mounting pressure in New York City, where it has recently ramped up efforts to cut into Uber and Lyft’s dominance over the for-hire vehicle industry by billing itself as a pro-worker app that offers cheaper rides than its competitors.
In a joint statement with Empower, Do said he supports the company’s goal of “improving economic opportunity for drivers while ensuring riders have access to safe, reliable and affordable transportation.”
“Unfortunately, the timing of the opportunity to assist Empower in achieving our mutual goal does not work for me,” added Do, who had been in line to serve as the company’s senior vice president of government and regulatory affairs.
TLC has said the operation is illegal and sent Empower a cease-and-desist letter, while the office of state Attorney General Letitia James confirmed to THE CITY Friday that it is reviewing potential violations by the company.
City Councilmember Shaun Abreu (D-Manhattan) wrote to James on Thursday, charging that Empower is failing to collect legally mandated fees and taxes — including sales taxes and congestion pricing and airport surcharges on each trip — and also circumventing TLC fare structures and wage protections for drivers.
“Empower is openly flouting the law,” Abreu wrote in a letter obtained by THE CITY. “By its own admission, the company is facilitating more than 100,000 trips per week in New York City without adhering to the rules that govern every other for-hire vehicle service.”
Under Do, who was nominated by then-Mayor Eric Adams in 2022 and later earned a TLC driver’s license, the regulatory commission for the city’s sprawling taxi and for-hire vehicle industry spent the last several months going after Empower for defying TLC rules.
Sear told THE CITY that Empower has “repeatedly offered” to “facilitate the transfer of all fees” from TLC-licensed drivers who pay a subscription fee to use the company’s software.
“Empower was repeatedly told by New York City officials that New York City agencies would not accept payment of those fees from drivers,” he said.
TLC set up a website saying that apps “such as Empower and WhatsApp Messenger are unlicensed software platforms that serve as bases by connecting drivers with trips,” and warned drivers that they risk losing their licenses and facing fines of up to $500. Additionally, TLC said vehicle owners who do business with those apps could face fines of up to $10,000.
During a confirmation hearing last week for Midori Valdivia — who Mayor Zohran Mamdani has tapped as Do’s replacement — Sear dropped the news that the former TLC chief would be joining Empower. TLC, in turn, immediately reported the move to the city’s Conflicts of Interest Board.
The executive director of the New York Taxi Workers Alliance also panned Do’s now-upended plan to jump to the app-based ride-hailing company.
“I don’t think it is enough to stop a Conflicts of Interest Board investigation,” Bhairavi Desai told THE CITY. “The cat’s out of the bag that the sitting regulator was willing to work for a corporation that defied his regulations.”
A TLC spokesperson did not respond to a request for comment from THE CITY. In Empower’s joint statement with Do, the company’s chief executive said he appreciated “the advice and perspective he has provided to the company.”
Had he stuck to his plan to jump to Empower, Do would have led the company’s work with regulators and lawmakers across the country. Before arriving in New York City, he served as director of Washington D.C.’s Department of For-Hire Vehicles.
“We wish him the best in his future endeavors,” Sear said in the statement.
