Uber and Lyft’s compensation fight with California takes on bigger question of voters’ sway
What happens next in the saga of Proposition 22, the California voter-approved law that would allow gig companies to continue treating drivers as independent contractors instead of employees, is in the hands of an appeals court, and the results could have larger implications than just what’s in store for these plaintiffs.
A three-judge panel at the California First District Court of Appeal in San Francisco on Tuesday heard oral arguments and peppered both sides with plenty of questions, including about whether voters — through initiatives such as Prop. 22 — and the state legislature have equal power to make laws in California. California Superior Court Judge Frank Roesch, who ruled last year that Prop.
Judge Jon Streeter interjected: “We’ve got brief after brief talking about the significance of this. To remove a vast number of workers from the workers-comp system would dismantle what the legislature is charged with providing” under the state constitution. Judge Tracie Brown said since the collective-bargaining issue was mentioned in the amendments, “it undermines the theory that voters had no idea. It’s not like [the initiative was] 1,000 pages.”
“It’s an important case,” she said. “They’re well-respected judges. I’m not surprised.” If the other side prevails, she said she would expect that “we would pursue all our rights.” Ahead of opening arguments Tuesday morning, dozens of app-based ride-hailing drivers and delivery workers gathered on the front steps of the San Francisco courthouse. Joined by fast-food workers and other union supporters, they called on the court to uphold the ruling invalidating Prop. 22.
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