Wednesday, September 28, 2022

Gig worker advocacy groups react to court ruling that Proposition 22 is ‘unconstitutional’

by Chauncey Alcorn | CNN Business

Some California gig worker advocacy groups expressed cautious optimism Saturday about a federal court judge’s Friday Proposition 22. judgment against. Others who supported the initiative argued that the decision was a mistake.

Proposition 22 is a controversial voting measure that was Approved by the majority of California voters in November 2020. It allows companies like Uber, Lyft and DoorDash to classify their drivers and couriers independent contractors Instead of employees who are entitled to benefits such as health care coverage, paid time off and collective bargaining rights.

On Friday, Alameda County Superior Court Judge Frank Roche determined that Proposition 22 is “unconstitutional” and “unenforceable” because a clause in the measure limits the ability of future legislatures to amend the law.

“The ban on a law authorizing collective bargaining by app-based drivers does not promote the right to work as an independent contractor, nor does it protect the flexibility of work, nor does it provide a minimum wage for those workers. Provides workplace safety and pay standards,” Roche wrote in her ruling. “It appears to protect the economic interests of network companies only in having a divided, non-federal workforce, which is not a stated goal of the law.”

Shona Clarkson, lead organizer of Gig Workers Rising, a labor rights campaign representing 10,000 gig workers who opposed Proposition 22, said the judge’s decision was a step in the right direction.

“This is a wonderful step forward in our fight against Proposition 22 and the victory of gig workers,” Clarkson told CNN Business on Saturday. “We know it was just a decision. It’s not over, but I couldn’t be more pleased. It’s awesome.”

Mobile Workers Alliance organizer Jerome Gage also praised the judge’s decision. Gage’s group represents 10,000 app-based drivers in Southern California.

“I was a little relieved,” Gage said of the judge’s decision on Saturday. “I know this is going to be the start of a really long battle. Uber and Lyft will continue this fight, but we are going to last longer than them.”

Uber said Friday’s decision “disregards both logic and the law,” and vowed to appeal. “We will appeal and we hope to win,” an Uber spokesperson said Saturday via email.

Lyft deferred comment to a representative for the Protect App-Based Drivers and Services Coalition, or PADS, whose members support Proposition 22.

PADS spokesman Geoff Vetter told CNN Business that the judge’s decision was a “disgraceful” insult to the majority of California voters who backed the ballot less than a year ago.

“We will file an urgent appeal and are confident that the appellate court will uphold Proposition 22,” Vetter told CNN Business via email.

DoorDash also condemned the judge’s decision, arguing that it would prevent the company’s contract couriers from “retaining the independence that is so important to them,” if the decision is upheld on appeal.

“This decision is not just wrong, but a direct attack on the freedom of dashers. It will not stand,” Door Dash spokeswoman Taylor Bennett said of the judge’s decision.

Both sides of the argument accepted that Proposition 22 would remain in effect until the appeal process was over. Clarkson said he hopes the case will eventually reach the US Supreme Court.

Clarkson said his group plans to hold a protest outside Door Dash CEO Tony Xu’s home in about two weeks to demand increased transparency on the company. Drivers Salary and Tips. Xu became the country 2nd highest paid tech CEO Last year, according to Insider.

Clarkson said the company’s drivers also want to end unfair firing — known as “inaction” — by creating a due process system when customers or restaurants issue complaints and pay drivers to deal with COVID-19, including address related health and safety concerns. The time they spend cleaning their cars.

“We will continue to organize events in California and across the country to hold these companies accountable and win salaries,” Clarkson said. “The battle isn’t over until we win.”

The-CNN-Wire™ and © 2021 Cable News Network, Inc., WarnerMedia Co. All rights reserved.

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