California Democrats, labor leaders vow to fight for Uber driver benefits after Supreme Court loss

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LABOR NOT GIVING UP ON GIG WORKERS

With William Melhado and Stephen Hobbs...

Union leaders and labor-friendly lawmakers say they’re not giving up on securing benefits and protections for gig workers after the California Supreme Court delivered a win for Uber last week.

The court unanimously upheld a law approved by voters that allows the company and similar firms to treat drivers as independent contractors.

“While this decision is frustrating, it must also be motivating,” said Senate Labor Committee Chair Lola Smallwood-Cuevas in a statement.

“I’m more determined than ever to ensure that all workers — including our diverse and Black, Indigenous, and people of color-led gig workforce — have the basic protections of workers compensation, paid sick leave, family leave, and disability insurance and the right to form a union.,” she said.

In 2020, California voters passed Proposition 22, which gave rideshare and delivery workers for Lyft, DoorDash, Instacart and other such companies some benefits, but did not extend full protections to those gig-workers.

Labor groups challenged the law, arguing that workers for app-based companies were denied rights of California employees, such as overtime, minimum wages, sick leave, and the right to form a union.

Service Employees International Union argued that Proposition 22 denies workers’ compensation to drivers injured on the job, which they said violated California’s Constitution.

The state’s highest court rejected those arguments. In his opinion, Justice Goodwin Liu cited a century-old constitutional provision that allows voters to enact or repeal laws that deal with workers compensation, allowing Proposition 22 could stand.

“We are deeply disappointed that the state Supreme Court has allowed tech corporations to buy their way out of basic labor laws despite Prop. 22’s inconsistencies with our state constitution,” said Lorena Gonzalez, president of the California Labor Federation, in a statement.

Gonzalez, a former lawmaker, authored Assembly Bill 5, which required gig companies to treat their workers as employees, not independent contractors.

By winning the support of voters on Proposition 22, ride-hailing and delivery companies carved out an exception to Gonzalez’s law. Gig companies reportedly spent over $200 million persuading voters to support the measure.

Earlier this year, Uber lost a legal battle to overturn AB 5 after arguing the law violated the company’s rights under the Equal Protection Clause of the California and U.S. Constitutions.

Tia Orr, SEIU California executive director, said she still sees a path for drivers to unionize.

“We are hopeful that an earlier ruling which validated the state legislature’s authority to pass laws enabling rideshare drivers to join together in a union gives workers a path to collectively bargain for better pay, benefits and protections,” Orr said in a statement. “Gig workers are determined to ensure fairness in the gig economy and won’t stop fighting to win greater workplace rights and protections on the job.”

NEWSOM LACKS NATIONAL APPEAL

Via David Lightman...

Looks like Gov. Gavin Newsom isn’t a big hit with voters around the country.

Newsom has spent months traveling the country promoting Democrats and their policies. There was speculation that he was seeking the presidency in the future. Newsom has ruled out a 2024 bid.

The Economist/YouGov survey, taken July 21 through July 23, found Newsom was viewed favorably by 30% of those surveyed and unfavorably by 43%. Sixty percent of Democrats had a favorable image of him, while 17% did not.

Vice President Kamala Harris, the likely Democratic presidential nominee, was seen favorably by 42% and unfavorably by 51%. Eighty-seven percent of Democrats were favorable.

Rep. Adam Schiff, D-Burbank, who’s leading in polls for a U.S. Senate seat from California, was viewed favorably nationally by 23% and unfavorably by 36%.

Former President Donald Trump, the Republican Party’s presidential nominee, had a 43% favorable rating and 53% unfavorable.

QUOTE OF THE DAY

“You didn’t provide the needed affordable housing. You’re choosing political expediency over real solutions. That’s not leadership, it’s cowardice. This will only worsen homelessness.”

- Diane Yentel, National Low Income Housing Coalition president, on Newsom’s executive order requiring state agencies to start sweeping homeless encampments on public property, via X.

Best of The Bee:

▪ How a Supreme Court ruling led to Gavin Newsom’s order on clearing California homeless camps, via Gillian Brassil

▪ ‘Prosecuting’ Donald Trump: How Kamala Harris’ DA background shapes her campaign style, via David Lightman and Nicole Nixon

▪ Fact check: Is Kamala Harris really a ‘radical left lunatic’ as Donald Trump says? via David Lightman

▪ California unions endorse Kamala Harris for president, citing her strong labor record, via William Melhado