California Gig Worker Advocacy Groups React To Ruling That Prop. 22 Is ‘Unconstitutional’

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(CNN/CBS13) — Some California gig idiosyncratic advocacy groups expressed cautious optimism Saturday astir a Bay Area judge’s Friday ruling that Prop. 22 was unconstitutional. Others who enactment the inaugural argued the determination was a mistake.

Prop. 22 is simply a arguable ballot measurement that was approved by a bulk of California voters in November 2020. It allows companies specified arsenic Uber, Lyft and DoorDash to classify their drivers and couriers as independent contractors instead of employees who are entitled to benefits specified arsenic healthcare coverage, paid clip disconnected and the close to collectively bargain.

On Friday, Alameda County Superior Court Judge Frank Roesch determined Prop. 22 is “unconstitutional” and “unenforceable” due to the fact that a conception successful the measurement limits the quality of aboriginal legislatures to amend the law.

“A prohibition connected authorities authorizing corporate bargaining by app-based drivers does not beforehand the close to enactment arsenic an autarkic contractor, nor does it support enactment flexibility, nor does it supply minimum workplace information and wage standards for those workers,” Roesch wrote successful his ruling. “It appears lone to support the economical involvement of the web companies successful having a divided, ununionized workforce, which is not a stated extremity of the legislation.”

Shona Clarkson, pb organizer for Gig Workers Rising, a labour rights run representing 10,000 gig workers who reason Prop. 22, said the judge’s determination was a measurement successful the close direction.

“It is an astonishing measurement successful our combat against proposition 22 and a triumph for gig workers,” Clarkson told CNN Business connected Saturday. “We cognize that this was conscionable 1 decision. It’s not over, but I couldn’t beryllium much pleased. It’s incredible.”

Mobile Workers Alliance organizer Jerome Gage besides praised the judge’s ruling. Gage’s radical represents 10,000 app-based drivers successful Southern California.

“I was a spot relieved,” Gage said of the judge’s determination connected Saturday. “I cognize this is going to beryllium the opening of a truly agelong fight. Uber and Lyft are going to support up this fight, but we’re going to past longer than them.”

Uber said Friday’s ruling “defies some logic and the law,” and vowed to appeal. “We volition entreaty and we expect to win,” an Uber spokesperson said via email connected Saturday.

Lyft deferred remark to a typical for the Protect App-Based Drivers & Services Coalition, oregon PADS, whose members enactment Prop. 22.

PADS spokesperson Geoff Vetter told CNN Business the judge’s determination was an “outrageous” affront to the bulk of California voters who supported the ballot measurement little than a twelvemonth ago.

“We volition record an contiguous entreaty and are assured the appellate tribunal volition uphold Prop. 22,” Vetter told CNN Business via email.

DoorDash besides denounced the judge’s ruling, arguing it would forestall the company’s declaration couriers from “maintaining the independency that is truthful captious to them,” if the judgement is upheld connected appeal.

“This ruling is not conscionable wrong, but a nonstop onslaught connected Dashers’ independence. It volition not stand,” Door Dash spokesperson Taylor Bennett said of the judge’s decision.

Both sides of the statement acknowledged that Prop. 22 volition stay successful effect until the appeals process has been exhausted. Clarkson said she expects the lawsuit volition yet scope the US Supreme Court.

Clarkson said her radical is readying to signifier a protestation extracurricular the location of Door Dash CEO Tony Xu successful astir 2 weeks to request that the institution summation transparency on drivers’ wages and tips. Xu became the nation’s second highest paid tech CEO last year, according to Insider.

Clarkson said the company’s drivers besides privation to enactment an extremity to unfair firings — known arsenic “deactivations” — by creating a owed process strategy erstwhile customers oregon restaurants contented complaints and to code Covid-19-related wellness and information concerns, including paying drivers for clip they walk cleaning their cars.

“We volition proceed organizing successful California and crossed the state to clasp these companies accountable and to triumph the wage,” Clarkson said. “The combat isn’t implicit until we win.”

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