The lawsuit filed with the
The measure, which was passed in November with 58% support, was the most expensive in state history with
“Prop. 22 doesn't just fail our state rideshare drivers, it fails the basic test of following our state constitution,” said
Drivers bringing the lawsuit have several hurdles to clear, but their arguments are compelling, said
The first challenge is getting the
The second challenge is that courts have generally granted broad deference to voters to pass such initiatives.
“Generally speaking, courts in
The lawsuit is the latest round in the high-stakes fight between labor and the titans of the gig economy, all based in
Proposition 22 was written by
The measure granted the delivery services an exemption from the law that would have required providing drivers with protections like minimum wage, overtime, health insurance and reimbursement for expenses.
Under the measure, drivers remain independent contractors exempt from mandates such as sick leave and workers’ comp but would receive “alternative benefits,” including a guaranteed minimum wage and subsidies for health insurance if they average 25 hours of work a week.
“Voters across the political spectrum spoke loud and clear, passing Prop. 22 in a landslide,"
The lawsuit claims the measure interferes with state lawmakers' authority to establish and enforce a workers' comp system, which would require a constitutional amendment.
“They’re making this argument that this should have been a constitutional amendment, not a statutory amendment,” Moylan said. “I think that argument probably has some legs.”
She said the outcome of that could turn on whether the statute actually changed the workers' comp provisions or did something less.
Another claim in the lawsuit alleges the measure violates a rule limiting ballot measures to a single subject. Moylan said courts have generally interpreted that broadly and have not found violations based on that claim.
“I think it’s an intellectually meritorious argument,” she said. “I don’t think it’s a winner.”
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