O’Melveny Worldwide

The Recorder: Justices Quiz Prop 22 Defenders on Reach of Worker Classification Law

December 13, 2022

A San Francisco appellate court panel heard arguments over Proposition 22 in Castellanos v. State of California, where the Protect App-Based Drivers & Services Coalition, an organization created by DoorDash, Lyft, Instacart, and Uber, is seeking to overturn Alameda County Superior Court Judge Frank Roesch’s ruling that found Prop 22 unconstitutional. Proposition 22 designated app-based drivers as independent contractors and therefore ineligible for certain guaranteed employee protections including minimum wage, overtime pay, and unionization rights. “No public policy area has ever been held categorically off limits and we submit there’s no reason to single out worker classification or the more specific subject of workers’ compensation for different treatment,” said O’Melveny special counsel Jeff Fisher, who represents the Protect App-Based Drivers & Services Coalition.

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