California judge: gig-worker exemption from labor law was unconstitutional

Originally published at: California judge: gig-worker exemption from labor law was unconstitutional | Boing Boing


Another $200 million dollars should do the trick.


I thought CA PROPs were constitutional amendments. Wouldn’t that actually make it impossible for them to be unconstitutional?


The item that should really make it unconstitutional is the super-ridiculous majority of statehouse votes needed to repeal anything in the initiative - 7/8ths. So much for our majoritarian democracy…


“Tell that to the judge” (/s)

In reality California went through such an extended amendment cycle when trying to pass a proposition allowing for Indian Gaming in California.

The first one passed (1998) but was later ruled unconstitutional.

The second one was re-submitted (and passed (2000)) as a California constitutional amendment and was thus de-facto constitutional.

I expect the Gig Economy worker proposition to go through a similar path.
(I am hoping it doesn’t get that far, without some major changes favoring the gig worker.)


A judge has ruled that these exemptions are unconstitutional.

Aw, man. Does this mean I have to re-file my taxes? /s


As a rideshare driver I have no desire to become an employee for either company. I very much enjoy the flexibility . However the problem is that the rules were clearly outlined when Prop 22 was created and every gig company agreed to the terms if the ballot passed. Since Jan 1st, 2021 when the law took effect both Uber and Lyft have reversed course and have not paid the guaranteed per hour wage and the fuel reimbursement which was part of the agreement along with the health care supplement for drivers who work over 15 hours per week. Both companies have outright refused. If Uber and Lyft would stick to what was promised there would be no issue. Both companies have cheated drivers from the beginning and continue to do so. Its time to get the back in line. No company should be able to violate basic workers protections like delivering what they had promised fair and transparent wages.


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