App-based trip hailing and supply corporations like Uber and Lyft can proceed to deal with their California drivers as unbiased contractors, a state appeals court docket dominated Monday, permitting the tech giants to bypass different state legal guidelines requiring employee protections and advantages.
The ruling largely upholds a voter-approved legislation, referred to as Proposition 22, that mentioned drivers for corporations like Uber and Lyft are unbiased contractors and usually are not entitled to advantages like paid sick go away and unemployment insurance coverage. A decrease court docket ruling in 2021 had mentioned Proposition 22 was unlawful, however Monday’s ruling reversed that call.
“Today’s ruling is a victory for app-based workers and the millions of Californians who voted for Prop 22,” mentioned Tony West, Uber’s chief authorized officer. ”We’re happy that the court docket revered the need of the folks.”
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The ruling is a defeat for labor unions and their allies within the state Legislature who handed a legislation in 2019 requiring corporations like Uber and Lyft to deal with their drivers as workers.
“Today the Appeals Court chose to stand with powerful corporations over working people, allowing companies to buy their way out of our state’s labor laws and undermine our state constitution,” mentioned Lorena Gonzalez Fletcher, chief of the California Labor Federation and a former state assemblywoman who authored the 2019 legislation. “Our system is broken. It would be an understatement to say we are disappointed by this decision.”
The ruling wasn’t a whole defeat for labor unions, because the court docket dominated the businesses couldn’t cease their drivers from becoming a member of a labor union and collectively cut price for higher working situations, mentioned Mike Robinson, one of many drivers who filed the lawsuit difficult Proposition 22.
“Our right to join together and bargain collectively creates a clear path for drivers and delivery workers to hold giant gig corporations accountable,” he mentioned. “But make no mistake, we still believe Prop 22 — in its entirety — is an unconstitutional attack on our basic rights.”
The California Legislature handed a legislation in 2019 that modified the foundations of who’s an worker and who’s an unbiased contractor. It’s an essential distinction for corporations as a result of workers are coated by a broad vary of labor legal guidelines that assure them sure advantages whereas unbiased contractors usually are not.
Whereas the legislation utilized to a number of industries, it had the most important influence on app-based trip hailing and supply corporations. Their enterprise depends on contracting with folks to make use of their very own automobiles to provide folks rides and make deliveries. Underneath the 2019 legislation, corporations must deal with these drivers as workers and supply sure advantages that might tremendously enhance the companies’ bills.
In November 2020, voters agreed to exempt app-based trip hailing and supply corporations from the 2019 legislation by approving a poll proposition. The proposition included “alternative benefits” for drivers, together with a assured minimal wage and subsidies for medical insurance in the event that they common 25 hours of labor per week. Firms like Uber, Lyft and DoorDash spent $200 million on a marketing campaign to verify it could go.
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Three drivers and the Service Workers Worldwide Union sued, arguing the poll proposition was unlawful partially as a result of it restricted the state Legislature’s authority to alter the legislation or go legal guidelines about staff’ compensation applications. In 2021, a state choose agreed with them and dominated corporations like Uber and Lyft weren’t exempt.
Monday, a state appeals court docket reversed that call, permitting the businesses to proceed to deal with their drivers as unbiased contractors.
The ruling may not be the ultimate choice. The Service Workers Worldwide Union may nonetheless enchantment the choice to the California Supreme Courtroom, which may resolve to listen to the case.
“We will consider all those options as we decide how to ensure we continue fighting for these workers,” mentioned Tia Orr, government director of SEIU California.
The Related Press contributed to this text.
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