Uber and Lift must re-classify drivers as employees, says Court of Appeals


The ruling marks a significant development in a months-long legal battle between the companies and the state of California, which filed a lawsuit against Uber and Lift in May, claiming they violated state law. It puts more pressure on companies seeking a waiver from the law to successfully pass their pressured California ball ball criteria.

The state argues that by classifying their drivers as contractors, Uber and Lift deprive workers of the benefits they are entitled to under a law that came into force Jan 1, known as Assembly Bill 5 or AB-5. That companies can do this. Only treat those workers as independent contractors if they are free from company control and operate outside the company’s core business.

The reclassification of their workers would represent a radical shift forced on two occupations, with a large fleet of drivers treating them as independent contractors and not giving them the benefits they would be entitled to as employees, such as overtime, overtime, paid sick leave and unemployment. Insurance.

In August Gust, a California court ordered Uber and Lift to reclassify their drivers in the state as state-winning employees. At the time, both companies threatened to shut down if they were forced to reclassify their workers.

The ruling prompted companies to appeal. But Associate Court of Appeal Judge John Streeter wrote in his ruling Thursday that the restraining order banning Uber and Lift from classifying their drivers as independent contractors is valid.

“It is wide in space, no doubt, but so is the extent of the alleged violations,” he wrote.

In a statement following the verdict, Attorney General Xavier Besera said, “Uber and Lift have used their tissues and cl used to resist the treatment of their drivers, who are entitled to payroll and benefit protection.” “It’s time for Uber and Lift to play by the rules.”

The change will not happen immediately. Once the appeal process is completed, Uber and Lift have 30 days left to comply with California law. That clock usually starts after 1 day after the appellate court transfers the jurisdiction to the trial court, assuming that the opinion has not been challenged. It is unclear whether Berber and Lift will appeal Thursday’s ruling in California’s Supreme Court, although Uber said in a statement to CNN Business that “we are considering our appeal options.”
The November election could also complicate the court process. Uber (UBER) And Lift (LYFT) – With delivery services that use drivers such as Doordesh, InstaCart, and Uber-owned postmates – California’s Ballet initiative has poured 188 188 million into what is known as Proposition 22, which is intended to follow the AB-5 law.
If Prop.22 passes, ride-hail and delivery drivers will be considered independent contractors. There will be some concessions on benefits, including a minimum earnings guarantee based on the “time spent” when the driver completes the ride or delivery request, but not the amount of time it takes to wait for a tucking.

“The ruling urges voters more than ever to stand with drivers and say yes to Prop. 22,” Lift spokeswoman Julie Wood said in a statement to CNN Business on Thursday.

Uber also noted in its statement the vote on Prop 22 that if the measure is not passed, “ridershare drivers will continue to work as independent contractors, firing thousands of Californians and possibly stopping riding. Most of the state.” In part. ”

Last month, the CEOs of both companies told the California Court of Appeals that they plan to comply with the law if the lower court order is upheld and if Prop.22 fails.

But compliance “will require at least fundamental changes to Uber’s platform,” Wrote Uber CEO Dara Khosroshahi. He said the change would “dramatically restrict” the number of drivers who could run Uber, along with other moves.

“Such an implementation could shut down Riders operation in all or some parts of California,” wrote Loft CEO Logan Green.

– Jill Disease contributed to this report.

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