A California High Court in Alameda County attacked Point 22, ruling that it is unconstitutional. Said Superior Court Judge Frank Roesch part of Point 22 aims to avoid future amendments by demanding a seven / eighth majority in the legislature for Politician:
High Court Judge Frank Roesch found that the 7/8 eighth threshold requirement of the California Legislature’s initiative to amend the law was unconstitutional because it “limits the power of a future legislature to define drivers based on applications as workers subject to the Workers’ Compensation Act “. ”And because this section“ cannot be separated from the rest of the statute, ”Roesch said the entire point 22 was not applicable.
This is good for a couple of reasons. The first is that it is a victory in the fight to get Uber and Lyft employees legally classified as real employees. The second is that it throws cold water at these tech companies trying to pass similar standards elsewhere, providing some precedent against it.
He Superior Court of the Alameda declared unconstitutional the following two bits:
- Article 2, section 7451: “Because it limits the power of a future legislature to define application-based drivers as workers subject to the Workers’ Compensation Act.”
- Article 9, section 7465, subdivision (c) (4): “Because it defines unrelated legislation as an ‘amendment’ and is not relevant to the subject matter, purpose or issue set out in Proposition 22.”
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I think it’s important to take note of what exactly the “topic, purpose, or topic” is. This is Prop 22 official statement of purpose, my emphasis:
7450. Declaration of purpose. The purposes of this chapter are as follows:
(a) For protect the basic legal right of Californians to choose to work as independent contractors with shared and shared networking companies statewide.
(b) To protect the individual right of all application-based shared and delivery drivers to have the flexibility to set their own schedules for when, where and how they operate.
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We can expect supporters of Proposition 22 to appeal and protest the ruling.
