Statement Regarding California Supreme Court Decision Upholding Prop 22 - July 25, 2024
Today, the Supreme Court of California decided that Prop 22 was not in violation of our state constitution, allowing Big Tech to continue exploiting drivers under a law they wrote and paid for, that replaced decades of common sense labor law in exchange for complete disregard of basic standards like hourly minimum wage standards, and basic benefits like unemployment, family leave, workplace safety standards, and the like. It allowed billion dollar companies to rewrite labor law for their own workers, making it legal for them to pay app drivers and delivery workers less than federal minimum wage after expenses.
This law passed after unprecedented spending - the companies spent over $220 million to advertise the message that prop 22 would give drivers better pay, more rights, and would protect consumers from high prices.
The companies were fully aware that this would not be the impact. And over the past four years, the exact opposite of their false promises has happened: passengers are paying substantially more, drivers are earning substantially less while being without protections and rights due all California workers.
We fear this ruling sends a signal to Silicon Valley and other billionaires that California labor law is for sale, and that other companies could follow suit, in every industry that employs regular people. California lawmakers - along with the Attorney General and other enforcing agencies - must move powerfully forward to ensure that through legislation, court challenges, and regulation - that Prop 22 is stopped, and a way forward to protect platform workers’ basic rights is forged - with all of us working together.
After today's decision, drivers will continue to endure under Prop 22, with pay falling dangerously below federal minimum wage (after expenses), while we have been left more vulnerable to company abuses, having had benefits such as workers compensation, unemployment and basic safety protections stripped from us.
While this is a setback, the fight against Prop 22 is bigger than a single court case - it is the fight over the future of work. Rideshare Drivers United will continue to fight for a future where all workers are treated with dignity and respect, and we will not stop fighting until we have won justice for drivers.
Prop 22 Decision Briefing by RDU : Thursday, July 25 2024 at 12pm PT
Rideshare Drivers United Hold Press Conference on Prop 22 Ruling
LOS ANGELES – At noon today, California rideshare drivers organizing with Rideshare Drivers United will host a conference call for reporters and drivers and share their reflections on the Supreme Court decision in Castellanos v. California.
After spending more than $220 million to pass Prop 22, Uber, Lyft, and other app-based corporations have undermined Californians’ hard-won rights for working people. Despite the ruling and the harms of Prop 22 on drivers and their passengers, rideshare drivers have been mobilizing for solutions that ensure they are protected at work just like any other worker. On today’s call, Uber and Lyft drivers will discuss how California legislators can work with them to create a state that respects and supports working people.
SPEAKERS:
Nicole Moore, President, Rideshare Drivers United, Part-Time Driver, Los Angeles
Alejandro Partida, Member/Activist, Driver, Los Angeles
Melva Denman, Member/Activist, Former Driver, Los Angeles
WHEN AND WHERE:
Thursday, July 25 2024, 12pm PT
Recording of Briefing: https://fb.watch/tzFe_3OdVp/
"Like most people, we believe rideshare drivers should have basic labor rights to care for ourselves and our loved ones, " said Eduardo Romero, a Lyft driver from Los Angeles. “Uber, Lyft, and other app-based companies spent hundreds of millions of dollars to push forward Prop 22, and since then, we've seen how it harms app-based workers and our customers. Again and again, drivers are paid less than half of what Uber and Lyft passengers are charged, even as those prices and these companies' profits keep going up and up. The California Supreme Court's decision makes it clear that California legislators must take action. We're a workforce of mostly immigrants and people of color, and we are proud to help our fellow Californians go about their days. Rideshare drivers are entitled to protection at work just like any other worker, from a minimum wage to job security, unemployment protections, and health and safety."
"I have been a driver for both Lyft and Uber for close to 8 years. With over 25,000 rides under my belt, the personal physical risks as a driver are a reality,” said Alejandro Partida, an Uber driver from Los Angeles. “There is always a potential life threatening incident a drive away. No basic worker safety protections available to me as a driver being misclassified as an independent contractor."
In 2023, the Asian Law Caucus and Rideshare Drivers United released a survey of California rideshare drivers. Of the 810 drivers surveyed, over ⅔ of drivers experienced deactivation, with drivers of color and immigrant drivers disproportionately impacted. A shocking ⅔ of drivers also reported facing customer bias or discrimination while working. In over 40% of situations where a driver asked why they were deactivated, the reason provided by Uber and Lyft was related to customer complaints that are not reliably vetted or investigated. Studies by PolicyLink found that under Prop 22, drivers have lost healthcare benefits and are paid an average of $6.20/hour.
These studies and reports like the Economic Policy Institute’s recent analysis on flexible work, have helped more and more people understand the reality of Uber’s and Lyft’s employment practices and the harms endured by drivers and their passengers. A July 2024 poll by Data for Progress found that the majority of U.S. adults across the political spectrum support better protections for rideshare workers.
“No matter what job we have, we should be entitled to fair pay, safe working conditions, time off when we are sick, and basic protections against exploitation and discrimination,” said Winnie Kao, senior counsel at the Asian Law Caucus. “Two-thirds of U.S. adults say rideshare drivers need better laws and protections, and that is precisely what the California legislature has the power to do. We’re united with rideshare drivers, a workforce that is mostly immigrants and people of color, to secure the basic labor rights all workers should have.”
"Uber & Lyft have become an important part of California's transportation system, and yet for drivers and customers living under Prop 22, it gets harder and harder every year,” said Melva Denman, Rideshare Drivers United member. “Our customers need reliable, affordable service and drivers need basic labor rights so that we cover our rents, go to the doctor when we're sick, and have the flexibility to work the hours that work for us and our families. Thousands of Uber and Lyft drivers have signed our petition to make rideshare fair for all Californians. Prop 22 may have sought to make our workforce invisible, but when 73% of Americans say we should have consistent pay per hour, we know we're on the right side of history. Today's decision clears the way for California to uphold our hard-won protections for all workers."
In the News:
"Nicole Moore, president of the advocacy group Rideshare Drivers United, brought up that punt in a video stream with members and press on Thursday afternoon, pointing out that the court’s ruling wasn’t about the fairness of driver pay or working conditions. She called the ruling a “very hard moment” but added that she hopes suffering, ill-paid drivers can still see improvement. “We call on all the people who support drivers — the lawmakers, the judges, the attorney generals — and say, help us figure out how to get out from under this,” Moore said.
KPBS:
"Another driver, Alejandro Partida, said during a press conference by Los Angeles-based Rideshare Drivers United: “We’ve seen how (Prop 22) it harms workers… who are mostly immigrants and people of color. (We) are entitled to worker protections just like other employees.”
“Today’s decision was supposed to bring justice, to confirm that even as workers who are managed by apps on our phone, by algorithms, by AI, that we are indeed workers with robot managers,” Nicole Moore, president of Rideshare Drivers United and a part-time driver in Los Angeles, said during a briefing with reporters following the decision. “And we deserve the same rights and benefits as all other workers in our state. But that did not happen today.” Moore called on lawmakers in the state to find a “creative pathway” to ensure that drivers are protected and paid fairly."
"Gig workers vowed not to give up. “We’ll continue to fight until we have justice for drivers and all workers,” said Nicole Moore, president of Los Angeles-based Rideshare Drivers United."
