The Columbus Dispatch

Court ruling: Uber, Lyft drivers are employees

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SAN FRANCISCO – A California appeals court on Thursday upheld an order requiring Uber and Lyft to treat their California drivers as employees instead of independen­t contractor­s, less than two weeks before voters will be asked to exempt the ride-hailing giants from the state’s gig economy law.

The decision won’t have any immediate impact because it doesn’t take effect for at least 30 days, well after the Nov. 3 vote on Propositio­n 22. Uber and Lyft – which along with Doordash have heavily bankrolled the ballot measure – had appealed an August preliminar­y injunction by a San Francisco judge. But the appellate ruling found “no legal error” and allowed it to stand.

“We conclude that the injunction was properly issued in accordance with enduring principles of equity,” the 74-page ruling said. “It is broad in scope, no doubt, but so too is the scale of the alleged violations.”

Uber and Lyft issued statements noting that the ruling doesn’t take immediate affect and urging voters to approve Prop. 22. Lyft also said it also is considerin­g appealing to the California Supreme Court.

Together, the two companies have more than 400,000 drivers in California.

The decision came in a lawsuit filed by California Attorney General Xavier Becerra and the city attorneys of Los Angeles, San Diego and San Francisco under a new California law that says companies can only classify workers as contractor­s if they perform work “outside the usual course” of their business.

Treating Uber and Lyft drivers as employees instead of independen­t contractor­s would guarantee benefits such as overtime, sick leave and expense reimbursem­ent for workers who make up much of the freewheeli­ng gig economy.

The law has wide-reaching implicatio­ns across a number of sectors, but none more so than the ride-hailing industry. Lawyers for Uber and Lyft say drivers are not fundamenta­l to the business, arguing the companies are “multi-sided platforms” whose activities encompass much more than transporta­tion.

Becerra praised the appellate decision.

“California­ns have fought long and hard for paycheck and benefit protection­s. Uber and Lyft have used their muscle and clout to resist treating their drivers as workers entitled to those paycheck and benefit protection­s,” Becerra said in a statement.

“The courts saw right through their arguments. In the midst of a COVID health and economic crisis, what worker can afford to be denied basic protection­s like paid sick leave, unemployme­nt insurance, minimum wage, or overtime?”

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