SEIU has decided to takes its challenge of Prop 22 to the Supreme Court of California. SEIU along with other powerful special interest groups will attempt to overturn the will of the people using the courts to achieve what it could not achieve at the ballot box.
In November 2020, California voters overwhelmingly approved Proposition 22, a ballot measure that exempted app-based transportation and delivery companies from a state law requiring them to classify their drivers as employees.
The measure was supported by companies like Uber, Lyft, and Door Dash, who argued that it would allow them to continue to provide flexible work opportunities for drivers and maintain their competitive edge.
Under Proposition 22, gig drivers are guaranteed $15 per hour and can receive some benefits with the exception of overtime pay, sick leave, and other benefits that employees typically get.
Prop 22 was passed by a majority of voters for a reason. Voters wanted to ensure that app-based drivers had the flexibility to work as they choose, without being forced into an employment relationship.
However, labor unions and other groups opposed Proposition 22, arguing that it would deny drivers basic labor protections. These groups vowed to continue fighting to overturn Proposition 22.
Service Employees International Union (SEIU) sued the state of California arguing that Prop 22 was unconstitutional asserting that it violates the state's right to regulate businesses.
A lower court initially ruled in their favor finding Prop 22 was unconstitutional, however, earlier this year an appeals court ruled that Prop 22 should mostly be allowed to stand.
The fight over Proposition 22 is part of a larger battle over the future of work. As the economy becomes increasingly digitized, more and more workers are finding themselves employed by app-based companies or other gig economy platforms.
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