In the 2020 election, California Proposition 22, the App-Based Drivers as Contractors and Labor Policies Initiative, went to voters and passed with just over 56% of the vote. This voter Initiative provided app-based gig companies a reprieve from Assembly Bill 5, permitting companies to continue classifying their workers as independent contractors. On August 20, 2021, …
The U.S. Solicitor General has recommended that the U.S. Supreme Court deny review of an important case impacting the application of AB5 to California’s trucking industry. In it’s Supreme Court brief, the Solicitor General urged that the U.S. Circuit Court of Appeals for the 9th Circuit “correctly determined that petitioners were unlikely to succeed” in …
With viral videos appearing on TikTok of store shelves that are picked clean and bare, truckers lined up at the Port of Long Beach waiting for loads, and ships anchored off the coast of California lined up waiting to be off loaded, something needed to change. Earlier this morning, President Biden tweeted this morning that …
On Friday, August 19, 2021, a California State Court Judge struck down the voter-approved Proposition 22 as unconstitutional. The origin of Proposition 22 was the California Supreme Court’s decision in Dynamex, which held that Dynamex’s had misclassified its drivers as “independent contractors” in violation of California law and state wage orders. Proposition 22, which passed in …
The dispute over whether Uber/Lyft drivers are employees is worldwide in scope. Specifically, the UK’s Supreme Court has held that Uber drivers must be treated as workers rather than as self-employed independent contractors. This decision could mean thousands of Uber drivers are entitled to minimum wage and holiday pay. The decision is also expected to …
In light of the passing of Proposition 22 in California, both Uber and Lyft have petitioned the California Court of Appeals for the First Appellate District to reconsider its decision upholding an injunction requiring the ride-hailing companies to classify their drivers as employees. Specifically, the ride share companies have asserted that the California voter approval …
While the results of the Presidential election have yet to be confirmed, it is clear that California voters approved Proposition 22, which carves gig economy companies like Lyft and Uber out of A.B. 5. A.B. 5 codified a 2018 California Supreme Court decision known as Dynamex , which imposed the so-called ABC Test in most …
You may have noticed a recent onslaught of television and radio ads regarding Proposition 22, which will appear on California ballots in the upcoming November election. Proposition 22’s stated goal is to exempt ride-sharing and food-delivery companies from the Assembly Bill 5 gig worker law that was passed in September 2019, meaning Uber and Lyft …
As a follow up to our recent blog on the issue, on January 16, 2020, Judge Benitez granted the Plaintiff’s Motion for a Preliminary Injunction in the California Trucking Association v. Attorney General Xavier Becerra matter (“CTA matter”). This precludes California’s Attorney General from enforcing AB-5 against any motor carrier operating in California until final …
New ABC Independent Contractor Test Will Likely Spur More Wage & Hour Class Actions By Robyn McKibbin, Esq. Labor laws and regulations govern employees’ wage rates, work hours and other working conditions. Employees are also subject to various federal and state payroll taxes. Independent contractors, however, are not entitled to the protections of the wage …