By Bob Walsh
Poor Gavin (God I Want To Be Governor) Newsom, the
God-Emperor of the formerly great state of California, just got
bitch-slapped yet again in court.
Back
in 2019 CA passed AB5, which essentially declared most gig workers,
like Uber drivers, to be employees rather than private contractors.
Those companies lobbied hard and also got together and got Proposition
22 on the ballot. It passed in November 2020.
In
2021 a group of workers supported by the Service Employees
International Union sued the state-twice-once in Alameda County Superior
Court and once in the Supreme Court, asserting that the proposition
unconstitutionally prevented the state from overseeing the workers comp
system. The Alameda County Superior Court agreed.
On
Monday appellate justices determined that Prop 22 did NOT violate the
legislature's powers over the workers comp system. That court did
overturn the specific requirement that would have made it necessary for
the any vote to allow gig workers to union must have a 7/8 majority of
the legislature.
The
issue is almost certain to be appealed to the state supreme court. It
is also possible that the state could pass legislation that would
specifically allow gig workers to unionize in some fashion, even though
they are not technically employees.
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