Posts tagged Proposition 22
Commentary: The Big Fear? A Real Rematch
July 6, 2024 // Just a few hours after the court’s ruling dropped late last week, allowing both ballot measures to proceed, the Massachusetts attorney general made an announcement of her own. She agreed to a deal that will let Uber and Lyft drivers in Massachusetts remain independent contractors, with a minimum hourly wage of $32.50 and some benefits. Interestingly, the attorney general’s announcement noted that the deal averts giving the people of Massachusetts a chance to vote on the matter:
Biden Bypasses Senate Confirmation in Labor’s Julie Su
October 3, 2023 // According to the GAO, she can stay in the top Labor Department post without Senate confirmation. That effectively cuts out the voters and sets a poor precedent. Now, should some federal secretary depart, the president need only appoint an “acting” replacement. According to the Government Accountability Office, that person can avoid Senate confirmation and remain on the job, regardless of their suitability for the post.
Opinion: Julie Su’s confirmation would harm restaurants and app workers
May 24, 2023 // If Su’s policy preferences took effect, U.S. restaurants — 90 percent of which are small businesses — would face considerable cost increases and job losses. And 23 million U.S. workers–parents, veterans, students, caregivers, and many others who have chosen to earn with app-based platforms — could have their earning power greatly curtailed. We simply cannot take that risk when our economy already faces serious challenges from inflation, supply chain problems, and workforce issues. We want to work with the next secretary of Labor to help restaurant owners and employees, app-based workers, and our customers thrive. That’s why the next secretary must have a track record of listening to diverse viewpoints and respecting the kind of opportunity and flexibility our industries provide.
Gig Worker Qualifies as an Employee, California District Court Concludes
April 25, 2023 // The U.S. District Court for the Northern District of California ruled on March 30 that the driver should be classified as an employee who is entitled to overtime pay and minimum wage protections under state law. The court ruling is "more of a warning shot to show the consequences of failing to comply" with state rules on employee classification, said Bryan Hawkins, an attorney with Stoel Rives in Sacramento. Theane Evangelis, an attorney with Gibson Dunn in Los Angeles who represented Grubhub, said, "We disagree with the court's ruling and are considering our legal options. Thanks to Proposition 22—which California voters overwhelmingly enacted and the California Court of Appeal recently upheld—drivers who use the Grubhub app will continue to enjoy the freedom and flexibility of working as independent contractors."
California: Court ruling opens door to gig driver unionization bill, union says
March 28, 2023 // Last Monday, a California appeals court ruled that Proposition 22 — a 2020 ballot measure that allowed Uber, Lyft, and other platforms to classify their workers as independent contractors rather than employees — was largely constitutional, reversing much of a lower court ruling. But the court found that one part of the proposition wasn’t valid. It’s a part that defined legislation on certain subjects, including unionization for app-based drivers, as amendments to the proposition. And amendments, the proposition declares, need to pass by a seven-eights majority vote of the Legislature. That super, super, super-duper majority is a steep climb.
A Win For California’s App-Based Drivers
March 17, 2023 // In an ironic twist, California Attorney General Rob Bonta argued in favor of Prop. 22 to the Court of Appeals even though he voted for AB5 when he was an assemblyman in the California state legislature and was personally opposed to Prop. 22. The state correctly asserted that the will of the voters should prevail, and the Court of Appeals agreed. Former assemblywoman and author of AB5 cried foul about Monday’s ruling, claiming the “system is broken” and that the appeals court “chose to stand with powerful corporations over working people, allowing companies to buy their way out of our state’s labor laws.” Gonzalez, who now heads the California Labor Federation representing 1,200 unions in the state, has no such concerns about the millions of independent contractors and small businesses adversely affected by her disastrous law. From transcribers and translators to sign-language interpreters, videographers, wedding planners, regional theaters, pharmacists, the independent film industry, and more, AB5 has wielded a wrecking ball to the independent workforce in California, particularly impacting female entrepreneurs who have been disproportionately harmed by the law.
DOL Nominee Julie Su An Aggressive Enforcer, Inept Manager
March 8, 2023 // She was also a supporter of the state’s disastrous AB5 law, which was intended to force rideshare companies and other so-called gig economy businesses to treat their workers as regular employees rather than short-term workers. Su tweeted in 2019 that the law was “about preserving labor standards that are key to quality jobs in California.” There was little evidence the law wanted by or beneficial to rideshare drivers. Meanwhile numerous other traditional freelancing jobs were disrupted by the law, forcing state legislators to amend the bill to carve out many professions. Eventually state voters would pass Proposition 22 which exempted rideshare drivers from the law, stripping out the main thing its advocates wanted. The law contributed to California lagging behind the rest of the nation in jobs during the pandemic. Ironically, Su, should she be confirmed, will have another shot at it. The department already has a rulemaking in the works to go after employers for “worker misclassification” i.e., classifying them as freelancers rather than regular employees for whom the company must pay overtime and unemployment –a national version of AB5, with all the problems of that law.
Opinion: Biden must reverse course and protect independent contractors
June 17, 2022 // With this new rulemaking period, the administration has a chance to turn the page on its stridently anti-independent contractor stance. Any new rules should protect the right of Americans to make a living outside of a traditional employment relationship. Under current law, there are two ways an individual can have a relationship with someone that is paying you. The first is an employee, where a person that is paying the individual has total control over how, when, and where the work is being done.
Opinion: Time for a Law That Puts Workers, Not Unions, First
March 25, 2022 // The Employee Rights Act of 2022, unlike Biden’s PRO Act, encourages innovation and job flexibility.