A federal judge has ruled that Uber and Postmates failed to demonstrate that they were unconstitutionally targeted by AB 5, the new law that requires most California workers to be classified as employees rather than independent contractors.
The lawsuit, Lydia Olson et al v. State of California et al, alleged that AB 5 violated the equal protection clause because it targeted workers of app-based companies like Uber and Postmates, while exempting numerous other types of workers like hairdressers and real estate agents.
In her ruling, issued September 18, 2020, U.S. District Judge Dolly M. Gee rejected this claim, finding that lawmakers were attempting to address the rampant misclassification of employees and to ensure that workers received the "basic rights and protections they deserve under the law, the attendant problems, such as a lack paid sick leave, including a minimum wage, workers’ compensation if they are injured on the job, unemployment insurance, paid sick leave, and paid family leave."
Judge Gee ruled that Uber and Postmates did not prove that app-based companies were targeted because of animus, reasoning that AB5 maintains the traditional exemption of workers who have long been considered independent contractors under California law.
Earlier this month, the California Legislature revised AB 5 to exempt several more businesses from the classification test and to increase the state’s ability to enforce the law. Meanwhile, Uber, Lyft and other app-based companies have poured millions of dollars into Prop 22, a measure on the November ballot that would exempt their drivers from AB5 and classify them as independent contractors.
If you believe you have been misclassified as an independent contractor instead of an employee, contact Teukolsky Law today for a free consultation.
On Thursday, Governor Newsom signed three more bills to protect California’s workers during the COVID-19 pandemic. California is already considered one of the most worker-friendly states to work during the pandemic, according to a recent Oxfam report which looks at measures like the amount of mandated paid leave and protection against forced return to work.
SB 1159 by Senator Jerry Hill (D-San Mateo) makes it easier for employees infected with COVID-19 to claim workers' compensation benefits. The law creates a rebuttable presumption that certain employees contracted the virus at work, thereby making them eligible for benefits.
AB 685 by Assemblymember Eloise Gómez Reyes (D-San Bernardino) requires businesses to inform their employees in writing within one business day if the business receives notice of a potential COVID exposure at the workplace. Under the new bill, CalOSHA is allowed to determine if certain workplaces are imminently hazardous enough to prevent certain operations and processes. Cal OSHA is also now authorized to issue citations for coronavirus violations without needing to follow the usual pre-citation requirements.
SB 1383 (19R) by Senator Hannah-Beth Jackson (D-Santa Barbara) expands the California Family Rights Act (CFRA). Starting in January 2021, SB 1383 will broaden coverage by extending job-protected leave to businesses with 5 or more employees, and by extending the list of relatives one can care for to include siblings, grandparents and grandchildren.
If you think you been denied family leave or have concerns about workplace safety, contact Teukolsky Law today for a free consultation.
On September 10, 2020, Governor Gavin Newsom signed AB 1867. Passage of the bill means that millions of Californians will now be eligible for up to 80 hours of supplemental paid sick leave during COVID-19. While many workers were already given paid sick leave under the federal FFCRA (Families First Coronavirus Response Act), this bill expands paid sick leave to employees working for private employers with more than 500 U.S.-based workers, and all health care providers and emergency response workers not covered under FFCRA. The bill also codifies existing paid sick leave provisions for food service workers.
To qualify for the expanded leave, the employee must perform work outside their home or residence and satisfy one of the following conditions: 1) be advised by a medical provider to quarantine due to coronavirus-related concerns; 2) due to COVID-19 concerns, not be permitted to work; or 3) be under a federal, state, or local isolation or quarantine order. The legislation will be enforced through the Labor Commissioner’s office; there is no private right of action to sue the employer directly in court.
New regulations such as these are essential for containing the spread of the coronavirus because they create a pathway for workers to stay home and not risk their health or their income. Keeping sick workers at home also stops the spread of COVID-19 to the general public. We are grateful to live in California, which was recently ranked #1 by Oxfam in terms of worker protections in a study entitled, "Best States to Work During COVID-19." Hopefully, California will continue to lead the way in worker’s rights legislation during the pandemic.
If you believe that your employer has failed to provide you with paid sick leave or you have any questions about your rights during the COVID-19 crisis, contact Teukolsky Law today for a free consultation.
Lauren Teukolsky is the founder and owner of Teukolsky Law, A Professional Corporation.