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Drivers have held a number of protests in entrance of Uber’s San Francisco headquarters over the previous few years demanding to be categorised as workers.

James Martin/CNET

A trio of ride-hail drivers filed a lawsuit in California’s Supreme Courtroom on Tuesday alleging Proposition 22 is unconstitutional. The proposition was voted into regulation by California residents in November and ensures gig employees within the state are categorised as impartial contractors, reasonably than workers.

Proposition 22 was authored by gig economic system firms, together with Uber, Lyft, DoorDash and Instacart, which spent greater than $205 million to get the poll measure handed. It exempts the businesses from a state regulation requiring that they deal with their employees as workers.

The proposition has solely been in impact for one month and already it is going through challenges. The lawsuit filed Tuesday alleges that Proposition 22 unconstitutionally limits California’s energy to guard the rights of gig employees. It says that underneath the proposition elected officers are unable to amend the regulation and permit for drivers to have safeguards like employees compensation and the appropriate to arrange.

Gig economic system firms classify their employees as impartial contractors, which suggests drivers pay their very own bills, equivalent to fuel, automotive upkeep and insurance coverage. Employees additionally aren’t offered advantages like minimal wage, medical insurance or paid sick depart. In the event that they had been to be categorised as workers, a lot of these prices would fall on the businesses.

With Prop 22, they don’t seem to be simply ignoring our well being and security — they’re discarding our state’s structure,” Saori Okawa, one of many plaintiffs within the swimsuit who’s been a gig employee in California for 3 years, mentioned in a press release. “I am assured the courtroom will see Prop 22 for the company energy seize that it’s, and that Prop 22 will dwell in infamy together with unconstitutional poll measures like Prop 8 and Prop 187.” 

Proposition 8 was a controversial California poll measure that ended the appropriate to marry between same-sex {couples}. And Proposition 187 put healthcare and schooling limitations on the rights of immigrants. Each propositions had been finally dominated unconstitutional.

Proposition 22 received with 58% of the vote in California. Exit polls confirmed that 40% of people who voted yes on the ballot measure believed they had been supporting gig employees in getting a residing wage.

Throughout the marketing campaign, the gig economic system firms blanketed the state in ads, mailers, emails and text messages. They employed roughly two dozen political consulting companies recognized for no-holds-barred ways, which dug up dirt on labor activists, paid drivers to look in tug-at-your-heartstrings ads and employed companies to conduct studies that showed favorable data for the campaign.

This is not the primary time the gig economic system firms have confronted authorized exams over the classification of their employees. Lawsuits in opposition to the businesses over employee classification stem again so far as 2013. In Could, the state of California sued Uber and Lyft alleging they “exploited lots of of 1000’s of California employees” by classifying their drivers as impartial contractors reasonably than workers.

Tuesday’s lawsuit is on behalf of three ride-hail drivers, one ride-hail buyer, the Service Workers Worldwide Union (SEIU) and the SEIU’s California State Council. They’re asking the courtroom to strike down Proposition 22.

“We stand with the hard-working drivers whose exploitation by Uber and Lyft will solely deepen as a direct results of Prop 22,” Artwork Pulaski, California Labor Federation’s government secretary-treasurer, mentioned in a press release. “This unconstitutional regulation, which gig firms purchased with lots of of tens of millions of {dollars} in political spending, is an affront to the elemental protections and rights all employees deserve and must be expeditiously struck down by the courts.” 

Uber, Lyft, DoorDash and Instacart did not instantly reply to request for remark.

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