Written by Julianne Foster
The California Superior Court has ensured Assembly Bill 5 will continue to interrupt the freedoms and necessary flexibility of contractors in various industries including driving, construction, teaching, art, translating, coaching, etc.
Besides some misguidedness and hypocrisy surrounding sporadic exemptions from AB 5, Democrats in the State Legislature have remained aggressive in their battle against companies when the Dynamex v. The Superior Court of Los Angeles resulted in a loss for many businesses, and perhaps most notably, Uber and Lyft.
While Democrats preach a set minimum wage, unemployment insurance, workers’ compensation, and paid sick leave for the newly classified employees, Uber and Lyft argue this would result in hundreds of thousands of drivers losing their jobs, along with higher prices and fewer job opportunities for drivers. The companies are also against the millions it will cost them in back wages and benefits when neither Uber nor Lyft are currently profitable amid the COVID-19 pandemic.
There are currently multiple lawsuits against Lyft and Uber for not completely complying with AB 5, which they have already appealed with hopes that the prosecutions be delayed until after the November election. The reason is that Proposition 22, which will be on the ballot for all Californians, would exempt rideshare businesses from AB 5.
“Drivers do not want to be employees, full stop,” Lyft announced after the court’s decision. “We’ll immediately appeal this ruling and continue to fight for their independence.”
Many Uber and Lyft drivers are people involved in other forms of work or education who need the flexibility as contractors to be able to keep their job and provide a stable income for themselves and their families.
The companies are looking to gain the support of Californians to repeal AB 5 and prevent the state from controlling the lives and work schedules of workers. People should have the freedom to choose their work and what opportunities they seek within such a job, without being dictated to by the state how they are treated and restricted.