October 22, 2021

Volume XI, Number 295

Advertisement
Advertisement

October 21, 2021

Subscribe to Latest Legal News and Analysis

October 20, 2021

Subscribe to Latest Legal News and Analysis

October 19, 2021

Subscribe to Latest Legal News and Analysis

Uber/Lyft Drivers Win Latest Round in California

The California Supreme Court has denied a petition for writ of mandate filed by the Service Employees International Union (SEIU).  The SEIU, which was hoping to unionize Uber and Lyft drivers in the wake of AB 5, (read more of our AB 5 coverage herehere, and here), argued that voter-approved Proposition 22 (which permits rideshare drivers to remain independent contractors) should be declared unconstitutional because it “limits the legislature’s authority to provide for a complete system of workers compensation” and “usurps the judiciary’s inherent authority to interpret the constitution.” The Supreme Court denied the petition with a brief docket entry, noting the dismissal was “without prejudice” and allowing petitioners leave to refile their claim in a lower court.

In an argument probably best appreciated by the union itself, the SEIU complained that the measure “grossly deceived the voters” because they were not informed certain bargaining rights wouldn’t exist under the new law. Meanwhile, most reliable polling indicates that rideshare drivers themselves supported Proposition 22 by no less than a 4-to-1 margin.

An Uber driver and spokesman for Protect-App Based Drivers and Services released a statement saying, “We’re thankful, but not surprised, that the California Supreme Court has rejected this meritless lawsuit. We’re hopeful this will send a strong signal to special interests to stop trying to undermine the will of voters who overwhelmingly stood with drivers to pass Proposition 22.” Notably, Proposition 22 received 58% of the November vote which had the state’s largest voter turnout since 1952.

© 2021 Proskauer Rose LLP. National Law Review, Volume XI, Number 41
Advertisement

About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
Partner

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

310-284-5690
Associate

Dylan Tedford is an associate in our Labor and Employment Department. Dylan graduated from the University of Southern California Gould School of Law, where he was a member of the Hale Moot Court Honors Program and served in several student organizations. While at USC, he was a legal extern for Judge Gregg Zive in the U.S. Bankruptcy Court for the District of Nevada. Prior to law school, Dylan was a government affairs coordinator for a lobbying firm in Nevada.

310-557-4566
Advertisement
Advertisement
Advertisement