California judge rules unconstitutional the measure classifying Uber and Lyft drivers as contractors

[BumRushDaShow]

Source: Washington Post

A California judge ruled unconstitutional a ballot measure from last November defining Uber and Lyft drivers as independent contractors, throwing fresh uncertainty into the status of the hundreds of thousands of app-based workers. In a ruling issued Friday, Alameda County Superior Court Judge Frank Roesch declared that Proposition 22 is “unenforceable,” arguing several sections of the measure are unconstitutional under California state law.

They included a section that required a seven-eighths legislative supermajority to amend the measure, which defied the legislature’s amendment power under the state constitution, according to the judge.In California, ballot measures are required to be limited to a single subject, and the provisions in the measures must be related. The judge found that the measure pitched to Californians in November overstepped that requirement by limiting the legislature’s ability to allow workers’ to collectively bargain. Proposition 22 passed by a 59-to-41 percent vote in November.

“A prohibition on legislation authorizing collective bargaining by app-based drivers does not promote the right to work as an independent contractor, nor does it protect work flexibility, nor does it provide minimum workplace safety and pay standards for those workers,” Roesch wrote. “It appears only to protect the economic interest of the network companies in having a divided, ununionized workforce, which is not a stated goal of the legislation.”

“This ruling ignores the will of the overwhelming majority of California voters and defies both logic and the law,” Uber spokesman Noah Edwardsen said. “We will appeal and we expect to win. Meanwhile, Prop 22 remains in effect, including all of the protections and benefits it provides independent workers across the state.”

Read more: https://www.washingtonpost.com/technology/2021/08/20/uber-lyft-prop-22-unconstitutional/

[NurseJackie]

1. I predict an "open-source" platform coming soon to fill the void...

... each driver can set their own rates, collect via PayPal (or whatever). It will be the Ebay or Etsy of ride-sharing.

[BumRushDaShow]

2. Some of those might still require state regulation

I know it was a long drawn-out process (due to the taxi lobby) to even get Uber/Lyft recognized as legal operators in the state of PA.

[VarryOn]

3. Bureaucrats will still find a path to put themselves between employees...

And employers.

[Hugh_Lebowski]

4. Good ... I like NLRA, minimum wages, OSHA, child labor laws, overtime pay, family leave, etc (nt)

[marybourg]

6. By necessity. Do you know what working conditions

were like for men, women and CHILDREN in this country before there were wage and hour laws? Read some Upton Sinclair.

[VarryOn]

7. We've all read Sinclair. Uber and Lyft drivers aren't working in early 1900s meat packing...

They just want to make a few bucks using their car. And they don't rape you on fares like a yellow cab. Everyone is happy. Well, except the taxi driver who bitches if the fare is less than $15. At least with Lyft or Uber, they can decide beforehand on whether they take your fare.

My complaint is with govt trying to snuff out the gig economy. If I'm willing to drive for Uber or Lyft, that's my business. If I don't like the deal, I park my car. I am an adult.

[marybourg]

9. Glad to hear everyone has read their Upton Sinclair .

Now, if everyone could just make the connection . . .

[DBoon]

8. I predict 100s of millions of venture capital dollars being used to destroy any open source platform

Just like they bought the voters of California

[AllaN01Bear]

5. uber and lyft are no more than unlicensed taxis . either you are a employee or u arnt.

the drivers arnt given bennies and they have to use their own car even they get a "small" stipened . when i make medical appointments out of county ,,, they want to use uber and or lyft . when uber and lyft first started contracting , they stranded over a 1000 people whom they said didnt have a return trip even though they did make the rez. and uber and lyft do not exist in tuolumne co ca. hem.

[christx30]

13. I've been stranded by cabs.

Was waiting for a cab for 2 hours once. It was 32 degrees and I was in a bad neighborhood. I called them like 8 times and no one showed up, and finally my cell phone died. If I had access to Uber or Lyft at the time I would have taken them. Instead I walked 9 miles home. I’ve never used a cab after that night. If cabs want to work, they need to show up when called.

[ZonkerHarris]

10. their ad campaigns lied to voters. 22 sucks

[Omaha Steve]

11. K&R!

[MichMan]

12. Isnt a large part of the appeal of driving that you have flexible hours ?

Uber and Lyft drivers are able to work as little or much as they want and get to set their own hours depending upon other jobs and family obligations etc. Retired people or those wanting to make extra $$ when they can as well as those working it full time.


I've never had a job as a regular employee where I could decide on any given day if I wanted to work zero hours or twelve, and still expect the company to provide full health care, vacation, sick time, and retirement benefits.


If they are categorized as regular employees, it seems that they would be given regular hours and assigned routes. Someone is going to be stuck working 11pm- 7 am in an area with few fares.

Maybe I'm completely not understanding as I have never ridden one nor worked as a driver and am going by what I hear