A superior court judge ruled Friday that California’s Proposition 22 (which was adopted in 2020 to replace the controversial AB-5 law regarding gig worker employment status) violated the state constitution.
Frank Roesch was a Superior Court Judge in Alameda County. This area includes Oakland, Berkeley, and most of the East Bay. He ruled that this law limits “the power” of future legislators to determine gig worker employment status. The lawsuit was filed by the Service Employees International Union (SEIU) in January, after a similar lawsuit was rebuffed by the California Supreme Court and referred to a lower court.
The court will most likely appeal the decision and additional legal arguments can be expected.
This is the latest victory in a series of defeats and victories for companies who heavily depend on gig workers such as Uber and DoorDash. The debate is centered on how freelancers are distinguished from employees and whether companies have to provide care for their workers.
Such a distinction is big business: Uber, Lyft and other companies spent more than $200 million collectively to push Prop 22 to victory last year. California voters approved the proposition with 59% to 41%, a widely viewed victory for gig worker platforms.
These fights do not stop at Silicon Valley. Earlier this year in the United Kingdom, Uber lost a legal battle over its employment classification decisions and ultimately reclassified tens of thousands of its drivers as workers, a decision which offered them a range of benefits not previously guaranteed.
Publited Sat, 21 August 2021 at 01:23:33 +0000