Minnie Che is a student at Harvard Law School.
With official results for the Presidential race still pending, California has passed Proposition 22, an exemption from California employment law that will allow Lyft and Uber to continue classifying workers as independent contractors. It was a closely scrutinized and costly battle. Lyft, Uber, joined by DoorDash, Instacart, and Postmates, put in over $204 million towards a campaign in support of the ballot measure. Labor unions, on the other hand, raised just $16 million, while California Governor Gavin Newsom declined to take a stand either way.
The Proposition won with 58% of the vote. It exempts gig companies from providing the full employment benefits required under state law but will require them to provide an hourly wage equal to 120% of either a local or statewide minimum wage. Uber and Lyft must also provide a stipend for drivers to purchase health insurance. However, work hours only include time spent picking up and driving a rider. It does not account for the time spent waiting in between trips. Drivers for Lyft and Uber will now have fewer rights than they did under AB5, a law passed in 2019 that changes the way companies classify employees. Labor unions state that they will continue to fight for “fair wages, sick pay and care when they’re hurt at work.” Gig Workers Rising, one of several California groups that organizes app-based workers and opposed the initiative, has called the ballot passage a “a loss for our democracy that could open the door to other attempts by corps to write their own laws.”
Daily News & Commentary
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February 26
Workplace AI regulations proposed in Michigan; en banc D.C. Circuit hears oral argument in CFPB case; white police officers sue Philadelphia over DEI policy.
February 25
OSHA workplace inspections significantly drop in 2025; the Court denies a petition for certiorari to review a Minnesota law banning mandatory anti-union meetings at work; and the Court declines two petitions to determine whether Air Force service members should receive backpay as a result of religious challenges to the now-revoked COVID-19 vaccine mandate.
February 24
In today’s news and commentary, the NLRB uses the Obama-era Browning-Ferris standard, a fired National Park ranger sues the Department of Interior and the National Park Service, the NLRB closes out Amazon’s labor dispute on Staten Island, and OIRA signals changes to the Biden-era independent contractor rule. The NLRB ruled that Browning-Ferris Industries jointly employed […]
February 23
In today’s news and commentary, the Trump administration proposes a rule limiting employment authorization for asylum seekers and Matt Bruenig introduces a new LLM tool analyzing employer rules under Stericycle. Law360 reports that the Trump administration proposed a rule on Friday that would change the employment authorization process for asylum seekers. Under the proposed rule, […]
February 22
A petition for certiorari in Bivens v. Zep, New York nurses end their historic six-week-strike, and Professor Block argues for just cause protections in New York City.
February 20
An analysis of the Board's decisions since regaining a quorum; 5th Circuit dissent criticizes Wright Line, Thryv.