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Law360: Drivers Can Be Contractors: Calif. Panel Mostly Backs Prop 22

March 14, 2023

A California appellate panel ruled that Proposition 22, a ballot measure that was passed in 2020 and allowed gig companies to identify app-based drivers as independent contractors, should remain law. “If the people enact an initiative statute to create or modify the workers’ compensation system, they have exercised the plenary, unlimited authority that article XIV, section 4 confers and satisfied that aspect of the Constitution,” the panel wrote. Protect App-Based Drivers and Services, a coalition supporting Proposition 22, appealed a state judge’s ruling that declared the measure unconstitutional to California’s First Appellate District. Protect App-Based Drivers and Services is represented by Jeffrey L. Fisher of O’Melveny & Myers LLP.

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