Prop 22 Declared Unconstitutional, Appeals Planned

The Alameda Superior Court says the Proposition 22 initiative is an illegal infringement on the California Legislature’s constitutionally guaranteed plenary powers to enact a complete system of workers’ compensation. The court says proponents first needed an initiative to amend the state’s constitution before attempting to amend state statutes. The 2020 initiative bankrolled by Uber, Lyft, … Read More »

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Court Rules On Uber Drivers’ Arbitration Claims

The Ninth Circuit Court of Appeal says that an arbitrator, not the courts, should handle misclassification disputes between Uber Technologies and a purported class of drivers who claim they should be classified as employees instead of independent contractors. The case involves a group of drivers from Massachusetts, but Uber successfully removed the case to Northern … Read More »

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Federal Court Bounces AB 5 Challenge By Postmates, Uber, And Drivers

The U.S. District Court for the Central District of California dismissed a lawsuit filed by gig economy companies Postmates and Uber to block the state from applying AB 5’s ABC test to their past operations. Two drivers had also joined in the challenge. The dismissal was the second in the case, and the court was … Read More »

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Workers’ Comp Is A Key Issue in Prop. 22 Legal Challenge

Three gig-economy drivers, a consumer of the app-based services, and the Service Employees International Union have teamed up. They asked the California Supreme Court to exercise its original jurisdiction and declare Proposition 22 to be “invalid and unenforceable.” Opponents of the proposition have filed an emergency petition for writ of mandate. The key to their … Read More »

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2020’s Biggest Workers’ Comp Stories – A Year In Review

Workers’ Comp Executive launches each new year with the publication of a list of the “Top Stories” from the prior 12 months. Some years are more newsworthy than others, but we certainly had some doozies during what was our 30th year covering the California workers’ comp industry. Beset by the COVID-19 pandemic, Governor Newsom followed … Read More »

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Time to Ante Up

We are now entering the third week after America’s latest rough venture into the harsh environs of elections. There is some clarity in the results even if considerable uncertainty about … Read More »

CPUC Says Gig Drivers Covered by Workers’ Comp

An administrative law judge for the California Public Utilities Commission says that transportation network companies (TNCs) like Lyft and Uber should be providing their drivers with workers’ comp coverage. The agency is holding that “TNC drivers are presumed to be employees” under the recently passed AB 5 legislation that codified the California Supreme Court decision … Read More »

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