California gig worker law AB 5 upheld as Uber’s bid to overturn it fails

The battle between Uber and California over the classification of workers as independent contractors versus employees has reached a significant milestone with the recent ruling by the 9th U.S. Circuit Court of Appeals. The court upheld a California law known as Assembly Bill 5 (AB 5), which requires ride-hailing and delivery companies like Uber to treat their workers as employees rather than independent contractors. This decision could have far-reaching implications for the gig economy and the rights of workers in California.

Uber and Postmates, another gig platform, had challenged AB 5, arguing that it violated their rights under the Equal Protection Clause of the state and U.S. constitutions. They claimed that the law unfairly targeted them while exempting other industries. However, the appeals court found that there were valid reasons for treating transportation and delivery companies differently due to the prevalence of worker misclassification in these sectors.

The implementation of AB 5 affects over 1.4 million workers in California who engage in app-based driving and delivery work for major gig companies like Uber, Lyft, DoorDash, and Instacart. The law aims to provide these workers with essential employment benefits and protections that they would not receive as independent contractors.

Lorena Gonzalez, the chief officer of the California Labor Federation and the author of AB 5, hailed the court’s decision as a victory for all workers in the state, particularly those in rideshare and delivery jobs who have been chronically misclassified. The ruling reaffirms the state’s commitment to enforcing laws that protect workers’ rights and prevent exploitation in the gig economy.

The outcome of this legal battle is closely tied to another case before the California Supreme Court challenging the constitutionality of Proposition 22, a ballot initiative passed in 2020 that exempted companies like Uber from AB 5. If Prop. 22 is upheld, gig companies will continue to classify their workers as independent contractors with some additional benefits. However, if the initiative is overturned, companies like Uber will be required to comply with AB 5 and provide their workers with the necessary employment protections.

The court’s decision underscores the importance of upholding laws that address worker misclassification and ensure fair treatment for all workers, regardless of their employment status. It also highlights the ongoing debate over the future of the gig economy and the rights of gig workers in California. As the state Supreme Court prepares to issue its ruling on Prop. 22, the outcome will have a significant impact on the gig economy and the rights of workers in the state.