header image

[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather
Santa Clarita CA
Showers
Showers
50°F
 
Calendar
Today in
S.C.V. History
December 1
1929 - Saugus train robber Thomas Vernon apprehended in Pawnee, Okla. [story]
Tom Vernon


| Tuesday, Dec 31, 2019
Rally at Capitol/Sacramento
Dozens of supporters of a measure to limit when companies can label workers as independent contractors circle the Capitol during a rally in Sacramento, Calif., on Aug. 28, 2019. (AP Photo/Rich Pedroncelli, File)

 

By Kelsey Jukam

Uber, Postmates, and two independent contractors asked a federal court in California Monday to block a new state law that requires certain gig economy companies to classify workers as employees, making them eligible for minimum wage, overtime and other protections.

The plaintiffs, which include an independent courier from Canyon Country, claim in their suit that Assembly Bill 5 is unconstitutional, would force the mobile app companies to make costly changes to their business models, would deny contractors the flexibility they currently enjoy in their gig jobs and could put those jobs at risk, as well.

“AB 5 is an irrational and unconstitutional statute designed to target and stifle workers and companies in the on-demand economy,” the complaint states.

Dozens of supporters of a measure to limit when companies can label workers as independent contractors circle the Capitol during a rally in Sacramento, Calif., on Aug. 28, 2019. (AP Photo/Rich Pedroncelli, File)

The law, approved in September and set to go into effect Jan. 1, 2020, codifies the labor standard established by the California Supreme Court in its 2019 ruling Dynamex v. Superior Court, which made it more difficult for companies to classify workers as independent contractors.

The law exempts real estate agents, doctors, lawyers, insurance agents, hairstylists and other occupations – exemptions which the plaintiffs describe in their suit as “irrational.”

“This targeting of app-based workers and platforms and treating them disparately from traditional workers violates the Equal Protection Clauses of the United States and California Constitutions,” the complaint states. “There is simply no rational basis for subjecting exempt occupations and non-exempt occupations to different rules and burdens.”

Plaintiff Lydia Olson, an Uber driver from Antelope, California, said in a Facebook post Monday that AB 5 has thrown her life and the lives of other drivers into uncertainty and that her rideshare work is “vital,” allowing her the flexibility to supplement her primary income while taking care of her husband who has multiple sclerosis.

“This independent contractor arrangement gives me the peace of mind that I can do what is necessary to take care of my family on my own schedule. I don’t need to check in with a boss, or report to anyone, or get approval in advance,” Olson wrote.

She criticized the legislative process that created the new law.

“Many drivers and I met with California lawmakers and staff numerous times to help them understand how devastating this would be to us and the way we want to work,” she wrote. “It became apparent that many were ill-informed of the real consequences of this bill, or they had already made up their minds to support it. My voice and my rights to due process were ignored, as were the rights of the rideshare companies and the hundreds of thousands of Californians who choose this type of work.”

Plaintiff Miguel Perez from Canyon Country is an independent courier for the delivery service Postmates who regularly uses the app to “to earn a more substantial income than he previously did as a trucker, while still making it to all of his son’s little league games,” according to the complaint.

The author of AB 5, California Assemblywomen Lorena Gonzalez, said in a statement Monday that Uber would “do anything to try to exempt themselves from state regulations that make us all safer and their driver employees self-sufficient.”

“First, Uber sought not only an exemption from AB 5 but from all California labor laws. Then, they said they wouldn’t abide by AB 5 anyway. Then, they said AB 5 didn’t apply to them because they weren’t a transportation company. Then, they said they would create a ballot initiative to exempt themselves from AB 5. And now Uber is in court bizarrely trying to say AB 5 is unconstitutional,” Gonzalez wrote.

“In the meantime, Uber chief executives will continue to become billionaires while too many of their drivers are forced to sleep in their cars,” she added.

Two other groups of independent contractors are also challenging the law in court. The California Trucking Association filed their challenge on behalf of independent truckers in federal court in the state in November, and associations representing freelance writers and photographers filed a suit earlier this month.

Uber, Postmates, Olson and Perez are asking the court to issue a judgment declaring AB 5 invalid and unenforceable. They are also seeking preliminary and permanent injunctions to block the state, its attorney general Xavier Becerra and other officials from taking any action to enforce the law against the plaintiffs.

The suit was filed in the U.S. District Court for the Central District of California.

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

0 Comments

You can be the first one to leave a comment.

Leave a Comment


SCV NewsBreak
LOCAL NEWS HEADLINES
Wednesday, Nov 30, 2022
Wednesday COVID Roundup: County Spikes With 4k New Cases
The Los Angeles County Department of Public Health confirmed Wednesday 117 new cases in the Santa Clarita Valley, with 10 additional deaths and 4,353 new cases countywide.
Wednesday, Nov 30, 2022
Dec. 12: Become an L.A. County Lifeguard for Castaic Lake
LA County Aquatics is hiring, this December the agency will be holding swim exams for those interested in becoming an LA County Lake Lifeguard.
Wednesday, Nov 30, 2022
SCV Water Receives Accolade for its Comprehensive Financial Report for the Fiscal Year 2020/21
Government Finance Officers Association of the United States and Canada has awarded the Certificate of Achievement for Excellence in Financial Reporting to Santa Clarita Valley Water Agency for its annual comprehensive financial report for FY 2020/21.
Keep Up With Our Facebook

Latest Additions to SCVNews.com
1929 - Saugus train robber Thomas Vernon apprehended in Pawnee, Okla. [story]
Tom Vernon
The Los Angeles County Department of Public Health confirmed Wednesday 117 new cases in the Santa Clarita Valley, with 10 additional deaths and 4,353 new cases countywide.
Wednesday COVID Roundup: County Spikes With 4k New Cases
LA County Aquatics is hiring, this December the agency will be holding swim exams for those interested in becoming an LA County Lake Lifeguard.
Dec. 12: Become an L.A. County Lifeguard for Castaic Lake
Government Finance Officers Association of the United States and Canada has awarded the Certificate of Achievement for Excellence in Financial Reporting to Santa Clarita Valley Water Agency for its annual comprehensive financial report for FY 2020/21.
SCV Water Receives Accolade for its Comprehensive Financial Report for the Fiscal Year 2020/21
Children's Bureau is one of the largest private, non-profit adoption agencies in California and one of the few that is nationally accredited by the Child Welfare League of America.
Dec.15: Foster Care Virtual Online Orientation
The California Highway Patrol will continue to provide free classes to assist and educate drivers age 65 and older, as well as promote safe travel for all, with the Keeping Everyone Safe grant funded by the Office of Traffic Safety. 
CHP Senior Driving Class Aims to Keep All Drivers Safe
Assemblywoman Suzette Valladares has conceded the race for the 40th California State Assembly district, to challenger Pilar Schiavo. 
Assemblywoman Valladares Concedes Race For 40th Assembly District
The Utom Conservation Fund, a group of cultural and environmental organizations, has awarded $60,000 in scholarships and fellowships to students dedicated to the conservation of the Santa Clara River, also known as Utom.
$60K Awarded to Students Focused on Protecting Southern California’s Signature River
CSUN men's and women's track and field coach Justin Johnson has announced the 2023 indoor and outdoor schedules.
CSUN Track & Field Announces 2023 Schedule
2013 - Actor Paul Walker ("Fast & Furious" movies) dies in a fiery car crash in the Valencia Industrial Center. [story]
Paul Walker
Nearly a quarter of a million dollars will be available to graduating seniors in the William S. Hart District this year from the Santa Clarita Valley Scholarship Foundation and applications are available this Thursday, Dec. 1 from their website, www.scvsf.org.
SCV Scholarship Foundation’s 2023 Applications Opening Dec. 1
The California Department of Transportation has announced overnight closures of northbound Interstate 5 between State Route 14 and Calgrove Tuesday, Nov. 29 and Wednesday, Nov. 30, from 10 p.m - 4 a.m.
Caltrans Announces Overnight I-5 Closures in Santa Clarita
The Santa Clarita Valley Chamber of Commerce announced Tuesday its 2023 Employment Law Update, scheduled for Tuesday, Jan. 24, 2023, at the SCV Senior Center at Bella Vida.
SCV Chamber Hosting 2023 Employment Law Update
Consultants working on a new museum in the SCV Historical Society’s Pardee House are looking for the community’s opinion as they develop new exhibits and they want to reach out to as many people as possible with a brief survey.
Community Input Sought for New SCV Museum Exhibits
The Valley Industry Association invites you to join them at the Dr. Dianne G. Van Hook University Center Tuesday, Dec. 13, at 11:45 a.m., for the 2023 VIA Board of Directors Installation.
Dec. 13: VIA 2023 Board of Directors Installation
Los Angeles County Supervisor Kathryn Barger, whose Fifth District includes the Santa Clarita Valley, issued the following statement Monday, reacting to California Insurance Commissioner Ricardo Lara’s newly announced one-year moratorium on insurance non-renewals and cancellations for property owners within the recent Route Fire’s perimeter:
Barger Applauds One-Year Moratorium on Route Fire Insurance Coverage
The Canyon Country Optimist Club will be hosting a Spark of Love Toy Drive and food drive for the Santa Clarita Food Pantry at the Valencia Town Center Saturday, Dec. 17, from 12 p.m. - 3 p.m.
Dec. 17: Canyon Country Optimist Club Holding Toy, Food Drive
The Los Angeles County Department of Public Health confirmed Tuesday one additional death and 83 new cases in the Santa Clarita Valley, with nine additional deaths and 2,370 new cases countywide.
Tuesday COVID Roundup: One New SCV Death; 83 New Cases
1957 - Incorporation of Mint Canyon Chamber of Commerce; became Canyon Country Chamber [story]
Frontier Days
Once again, Kia of Valencia steps up to make a difference for the over 22,000 students of the Hart District.
WiSH Foundation Names Kia of Valencia Major Sponsor
On Tuesday, people all over the world will come together and harness the power of human connection to change our world.
SCV Education Foundation Taking Part in Giving Tuesday
Join the city of Santa Clarita for the 2nd annual Tree Lighting Ceremony at The Cube – Ice and Entertainment Center, Powered by FivePoint | Valencia on Friday, Dec. 2 from 7 p.m. – 8 p.m.
Community Invited to The Cube’s Tree Lighting Ceremony
Santa Clarita Sheriff’s Station is now collecting toys as part of the SCV Sheriff’s Station Annual Toy Drive starting Monday.
SCV Sheriff’s Station Annual Toy Drive Underway
SCVNews.com
%d bloggers like this: