From CalMatters economic system reporter Levi Sumagaysay:
Tens of hundreds of California ride-hailing drivers, and probably extra, might finally get again pay after a latest U.S. Supreme Court docket resolution that clears the way in which for the state and a few cities to proceed with their lawsuits in opposition to Uber and Lyft.
The 2 firms had argued that as a result of their drivers had signed arbitration agreements, the wage theft lawsuits that California filed in opposition to Uber and Lyft in 2020 had been invalid. However final week, the nation’s highest courtroom declined to listen to the businesses’ enchantment.
In an announcement to CalMatters on Tuesday, California Labor Commissioner Lilia Garcia-Brower stated her workplace, together with state Legal professional Basic Rob Bonta and metropolis attorneys from Los Angeles, San Francisco and San Diego, have been attempting to pursue enforcement actions on behalf of the drivers for greater than 4 years. Their lawsuits — two by the labor commissioner in opposition to every of the businesses, and one other by Bonta and the three cities — accuse the businesses of misclassifying their employees as impartial contractors; failing to pay minimal wage forever labored; not paying for breaks, additional time and sick time; and extra.
- Garcia-Brower: “We are ready for our day in court to obtain recovery of wages and expenses for these workers.”
Bonta’s workplace stated in an electronic mail Tuesday that its case, which it additionally introduced in 2020, can now proceed in California Superior Court docket: “We remain committed to defending the rights of California workers to receive the benefits and protections to which they are legally entitled.”
Theane Evangelis, an lawyer for Uber, stated in an emailed remark after the U.S. Supreme Court docket resolution final week that the courtroom ought to have taken a federal arbitration regulation into consideration: “While the Supreme Court did not take this opportunity to weigh in now, it should do so in the future.”
State officers filed the lawsuits earlier than Uber, Lyft and different gig firms efficiently handed a poll measure in November 2020, exempting them from California labor regulation. That measure, Proposition 22, was upheld over the summer season by the state Supreme Court docket. As a result of Prop. 22 permits gig firms to deal with drivers and supply employees as impartial contractors, the labor commissioner’s workplace can now not deal with wage claims filed by gig employees after the regulation went into impact, which means no person on the state is implementing the industry-backed regulation.
However Garcia-Brower continues to be attempting to carry the businesses accountable for the pre-Prop. 22 period, although she stated the method will take extra time: “We are confident we can demonstrate that Uber and Lyft drivers were employees under the test that applied at the time.”
Uber had argued that that take a look atMeeting Invoice 5, which might have required the businesses to deal with their drivers and supply employees as workers, was unconstitutional and unfairly focused them. However Tuesday, the U.S. Supreme Court docket additionally denied the corporate’s petition to be heard on that subject.
- Evangeliston that call: “Fortunately, in Proposition 22, California voters rejected AB 5.”
A spokesperson for Lyft wouldn’t remark.
