After a California appeals court upheld most of Proposition 22 last week, it’s widely expected the Service Employees International Union (SEIU) will appeal to the state Supreme Court. That’s even though the union says it’s still considering its options.
Tia Orr, executive director of SEIU California, wrote in an email to KQED, “Drivers have always led this movement, and we will follow their lead as we consider all options — whether that's seeking review from the California Supreme Court — to ensure that rideshare drivers and delivery workers have access to the same rights and protections afforded to other workers in California.”
Prop. 22 (PDF) is widely perceived as a major carve-out of California labor law, allowing Uber, Lyft and similar businesses to classify their drivers as independent contractors, rather than employees. A lower court ruling found the law unconstitutional. But the two-judge majority on the state appeals panel disagreed (PDF), arguing state law has never provided generous labor protections to “all potentially eligible wage workers” in California. There are, for instance, long-standing carve-outs for domestic and agricultural workers.
In a statement following the release of the decision, Lyft officials wrote in a blog post, “We are pleased that the court upheld the democratic will of the voters … We are excited to continue operating our service with no changes.”
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