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California judge finds 22 gigabyte measure unconstitutional

A California judge ruled that Proposition 22, a measure that allows companies like Uber and Lyft to continue to classify app drivers in the state as independent contractors, is unenforceable and unconstitutional. According to Chronicles of San FranciscoAlameda Circuit Supreme Court Justice Frank Roche found that Proposition 22 unlawfully “restricts the right of the future legislature to designate drivers using applications as employees subject to the workers’ compensation law.”

Proposition 22 was passed by a wide margin in the state when the majority of the people voted for it in last November’s elections. Under the Assembly Law 5 A (AB5), which was passed in 2019, companies were legally required to classify the giants as full-time employees, but some (such as the aforementioned travel-sharing companies) continued to treat them as contractors. Uber, Lyft, Instacart, and DoorDash have poured over $ 220 million into a campaign for Prop 22 to cancel AB5, and the move has clearly worked.

The measure requires the giant companies to provide their contractors with health subsidies and minimum wages, but also free them from the need to classify their workers as employees with appropriate benefits and protections. While proponents of the proposal argue that it will allow workers to maintain their independence while gaining benefits they did not have before, not everyone is happy with the design. The group, which includes the Service Employees International Union and the California State Council SEIU, sued California earlier this year to overturn the offer.

In its ruling, Roche highlighted section 7451 of the measure, which states that any future law regarding collective bargaining for application drivers must be consistent with the rest of the proposal. “It seems that this is only to protect the economic interests of grid companies in the division, pooling of labor, which is not the stated goal of the legislation,” he wrote in his decision. He also found it unconstitutional to say that any amendment to this measure requires a seven-eighth vote in the State Legislature.

If the decision remains in effect, giants like Uber and Lyft may have to spend hundreds of millions on healthcare and other additional benefits for their drivers. However, for now, Regulation 22 is still in effect and concert companies are already planning to file an appeal. Uber spokesman said Chronicle:

“This ruling ignores the will of the overwhelming majority of California voters and is contrary to both logic and law. We will appeal and look forward to winning. Meanwhile, Regulation 22 remains in effect, including all protections and benefits it provides to independent workers. across the state. “

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