Trip-share firm Uber and on-demand meal supply service Postmates filed a lawsuit Monday to dam a broad new California legislation aimed toward giving wage and profit protections to individuals who work as impartial contractors.
The lawsuit filed in U.S. court docket in Los Angeles argues that the legislation set to take impact Wednesday violates federal and state constitutional ensures of equal safety and due course of.
Uber mentioned it should attempt to hyperlink the lawsuit to a different authorized problem filed in mid-December by associations representing freelance writers and photographers.
The California Trucking Affiliation filed the primary problem to the legislation in November on behalf of impartial truckers.
The legislation creates the nation’s strictest check by which employees should be thought-about workers and it might set a precedent for different states.
The most recent problem contains two impartial employees who wrote about their issues with the brand new legislation.
“This has thrown my life and the lives of greater than 100 thousand drivers into uncertainty,” ride-share driver Lydia Olson’s wrote in a Fb put up cited by Uber.
Postmates driver Miguel Perez referred to as on-demand work “a blessing” in a letter distributed by Uber. He mentioned he used to drive a truck for 14 hours at a time, typically in a single day.
“Generally, once I was behind the wheel, with an infinite shift stretching out forward of me just like the open highway, I daydreamed a couple of totally different sort of job — a job the place I might select when, the place and the way a lot I labored and nonetheless make sufficient cash to feed my household,” he wrote.
1 million employees with out worker rights
The lawsuit contends that the legislation exempts some industries however contains ride-share and supply firms with no rational foundation for distinguishing between them. It alleges that the legislation additionally infringes on employees’ rights to decide on how they make a residing and will void their present contracts.
Democratic Assemblywoman Lorena Gonzalez of San Diego countered that she wrote the legislation to increase worker rights to greater than 1,000,000 California employees who lack advantages, together with a minimal wage, mileage reimbursements, paid sick go away, medical protection and incapacity pay for on-the-job accidents.
She famous that Uber had beforehand sought an exemption when lawmakers had been crafting the legislation, then mentioned it might defend its present labour mannequin from authorized challenges. It joined Lyft and DoorDash in a vow to every spend $30 million US to overturn the legislation on the poll field in 2020 if they do not win concessions from lawmakers subsequent 12 months.
“The one clear factor we find out about Uber is they may do something to attempt to exempt themselves from state laws that make us all safer and their driver workers self-sufficient,” Gonzalez mentioned in an announcement. “Within the meantime, Uber chief executives will proceed to change into billionaires whereas too lots of their drivers are pressured to sleep of their automobiles.”
The brand new legislation was a response to a authorized ruling final 12 months by the California Supreme Court docket relating to employees on the supply firm Dynamex.