Gig worker advocacy groups rejoice as California judge labels Proposition 22 "unconstitutional"
Proposition 22, a controversial ballot measure passed by California voters in November 2020, allows companies like Uber, Lyft, and DoorDash to classify their drivers and delivery workers as independent contractors instead of employees, denying them various benefits such as healthcare, paid time off, and collective bargaining rights.
On Friday, Alameda County Superior Court Judge Frank Roesch ruled that Proposition 22 is "unconstitutional" and "unenforceable," arguing that parts of the measure limit the ability of future legislation to alter tariff negotiation laws for app-based drivers.
"The prohibition of laws that allow tariff negotiations for app-based drivers does not support the right to work as independent contractors, protects job flexibility, and offers these workers no minimum workplace safety," Roesch writes in his ruling. "This seems like nothing more than an attempt to protect the financial interests of tech companies with a divided, non-unionized workforce, which goes against the stated purpose of this legislation."
Shona Clarkson, a prominent organizer for the labor rights movement Gig Rising, which represents 10,000 gig workers who oppose Proposition 22, hailed the ruling as a step in the right direction.
"This is a significant step in our fight against Proposition 22 and a win for gig workers," Clarkson told CNN Business on Saturday. "We know that this is only a decision, but I am thrilled."
Jerome Gage, organizer for the Migrant Workers Alliance, which represents 10,000 app-based drivers in Southern California, also praised the ruling.
"I'm somehow relieved," Gage said in an email to CNN Business on Saturday. "I know this is just the beginning of a long battle. Uber and Lyft will continue this fight, but we will survive."
Uber vowed to appeal the decision, stating that it contradicts "logic and the law" and plans to petition for a review.
"We will appeal and expect to win," an Uber spokesperson said in a Saturday email to CNN Business.
Lyft has yet to comment on the ruling, deferring to the Alliance to Protect App-Based Drivers and Services (PADS), whose members support Proposition 22.
"This is an unprecedented insult to the majority of California voters who supported the proposition just a year ago," PADS spokesperson Geoff Vitter told CNN Business in an email Saturday. "We will immediately appeal and are confident that the appellate court will uphold Proposition 22."
DoorDash announced its intention to challenge the decision, arguing that it undermines the independence of its delivery drivers, which they consider crucial.
"This ruling is not only wrong but a direct attack on the independence of Dashers," DoorDash spokesperson Taylor Bennett told CNN Business in an email Saturday.
Both sides of the debate recognize that Proposition 22 remains in effect while the appeal process takes place. Clarkson indicated that she believes the case will eventually reach the Supreme Court of the United States.
Clarkson also revealed plans for Gig Rising to organize its drivers and demand policies addressing unjustified terminations (often referred to as "suspensions"), establishing a fair complaint process for incidents involving customer complaints or restaurant issues, and addressing health and safety concerns related to Covid-19, including issuing warnings to drivers for failing to clean their vehicles.
"We will continue to organize in California and across the country to hold these companies accountable and win this fight," Clarkson said. "The battle is not over until we win."
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