Posts tagged California Supreme Court
California Tries Another Tack to Crush Ridesharing
August 4, 2025 // The latest legislative effort is Assembly Bill 1340, which passed the full Assembly in June and was approved by the Senate Transportation Committee in early July. It would allow drivers to unionize and “promote collective bargaining rights for transportation network drivers and state intent that the state action antitrust exemption apply to … drivers and their representatives.” Democrats couldn’t kill the industry quickly, so they’ll try to destroy it slowly via collective bargaining.
What was the impact of AB5 on California’s marginalized communities?
March 31, 2025 // Esther Hermida, a representative of the American Alliance of Professional Translators and Interpreters (AAPTI) testified about AB5’s impact on thousands of citizens in her industry comprised of 75 percent women. One professional translator, Ildiko Santana, reported she started her small business in 2000 as an immigrant and woman of color. She lost all 50 clients and all her income in 2020 when AB5 went into effect.
‘Unprecedented’ lawsuit could roll back farmworker union wins from 2023 California law
August 25, 2024 // The Wonderful lawsuit is the latest legal challenge brought forth by employers against the ALRB and the state’s landmark 1975 Agricultural Labor Relations Act. This law was the first in the country to grant farmworkers the right to collective bargaining without retaliation, which farmworkers were not granted under the National Labor Relations Act of 1935. The exclusion was rooted in racism because, at the time, many of those workers were Black.
Commentary: California’s Unions Lost Their Long Battle Against Uber and Lyft
August 13, 2024 // The state Supreme Court unanimously ruled that ridesharing drivers can be exempted from California's crackdown on independent contracting.
Commentary: Kamala Harris Is Bad News for Gig Workers
August 8, 2024 // Though framed as an overdue deliverance for besieged workers, AB 5 was a gift to labor bosses who dreamed of organizing California gig workers, especially ride-share drivers, and who lusted after the potential dues they could rake in. It was also one of the most-detested laws passed in California in memory. There was no grassroots movement behind AB 5, no uprising among freelancers. It was a top-down scheme fueled by union agitation and then, like so many other lousy public policies hatched in California, unleashed across the country. AB 5’s impact was immediate — and ugly. Workers’ opportunities were narrowed. Many lost their incomes. Businesses faced higher labor costs, and entrepreneurs felt the chill of the dead hand of activist policy-making. The promise of the gig economy, expected to expand globally by roughly 123 percent over the next five years, turned bleak in California. With their businesses in the balance, Uber, Lyft, and DoorDash generously funded a ballot initiative, Proposition 22, that would classify “drivers for app-based transportation (rideshare) and delivery companies as ‘independent contractors,’ not ‘employees.’” Voters approved it overwhelmingly. App-based drivers favored Prop. 22 — four out of five said they were “happy” that it passed, 76 percent said it “benefits me personally,” and 75 percent recommended that lawmakers pass “similar laws in other states so drivers across the country can benefit.”
COMMENTARY: No Means No
July 29, 2024 // Don’t let the language of protection and freedom fool you. When someone refuses to take no for an answer, that’s not protection. It’s an attack on our freedom to choose self-employment. It’s an attempt to change the laws and regulations that protect us from them. What we are experiencing has a name. This is what zealotry looks like. It’s the behavior of fanatics who are uncompromising in the pursuit of what they want, no matter how detached from reality their beliefs are, and no matter how many people they hurt in the process.
California Supreme Court upholds AB5 exemption for gig workers
July 29, 2024 // Case on independent contractor law involved workers’ comp and ballot initiative Prop 22 that granted carve-out
Op-ed: I’m an Instacart driver: California Supreme Court must protect my job
April 18, 2024 // Hundreds of thousands of drivers like me are counting on the California Supreme Court to respect the will of the millions of Californians who voted for Prop 22 and continue to allow us to earn on our own terms. I hope that the court does the right thing and upholds Prop 22.
What the Biden Administration Could Learn From California’s Attempt To Ban Independent Contracting
April 8, 2024 // In other words, the president promised to replicate AB 5 nationally but has failed. I can only surmise that the Los Angeles Times doesn't pay much attention to California news, either. As noted above, AB 5 isn't the victim of Congress or industry—but of massive, angry blowback from California freelancers, many of them Democrats—in multiple professions who didn't appreciate losing their jobs. The story focused on San Francisco's settlement with a company that connects workers with hospitality industry jobs, so AB 5 is still wreaking havoc. The most aggravating part of the Times article cites a study from the pro-union Economic Policy Institute, which finds "blue-collar workers classified as contractors are losing out on as much as $16,700 a year compared with what they would have made as regular employees." Perhaps it should show how much money these workers are losing when companies axe their jobs because of the AB 5-style mandates. When it comes to economics, union think tanks, reporters, and the Biden administration are as clever as those proverbial worms.
New Research Quantifies Harms To Independent Contractors Of California’s AB5
January 23, 2024 // Despite AB5 proponents’ claims that the law would increase full-time employment and offer benefits and protections, the researchers found “robust evidence that AB5 is significantly associated with a decline in self-employment and a decline in overall employment.” · AB5 reduced the level of self-employment by 6.7 percentage points to 28%. · AB5 reduced the level of overall employment by 7.3 percentage points to 14%. · The researchers did not find significant evidence that AB5 increased W-2 employment.