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US court rules Uber and Lyft workers are contractors

bbc.com

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Re: US court rules Uber and Lyft workers are contractors

#2
https://www.courts.ca.gov/opinions/documents/A163655.PDF

^ Actual court ruling which is linked in the article itself.

I find the article's headline misleading. The court ruled that a proposition that was passed by voters in California which classified these drivers as contractors was mostly constitutional and would be allowed to have the effect of law, noting that California's legislative branch was free to change the law if they had the requisite votes to do so.

It wasn't the court, but California voters, which decided these workers are contractors. The court simply ruled that this is something voters are allowed to decide (and that lawmakers can change if they so choose).

Re: US court rules Uber and Lyft workers are contractors

#3

https://www.courts.ca.gov/opinions/documents/A163655.PDF ^ Actual court ruling which is linked in the article itself. I find the article's headline misleading. The court ruled that a proposition that was passed by voters in California which classified these drivers as contractors was mostly constitutional and would be allowed to have the effect of law, noting that California's legislative branch was free to change th…

Lawmakers cannot change if they so choose. Propositions amend the constitution of California. They can modify it, but they have to honor the rule itself and cannot simply remove it or abrogate it through this alteration.

> Legislature can amend Proposition 22’s provisions with a statute passed by a seven-eighths majority in both houses, so long as the statute is “consistent with, and furthers the purpose of,” the initiative and the Legislature complies with certain procedural requirements

Re: US court rules Uber and Lyft workers are contractors

#4

https://www.courts.ca.gov/opinions/documents/A163655.PDF ^ Actual court ruling which is linked in the article itself. I find the article's headline misleading. The court ruled that a proposition that was passed by voters in California which classified these drivers as contractors was mostly constitutional and would be allowed to have the effect of law, noting that California's legislative branch was free to change th…

Lawmakers cannot change if they so choose. Propositions amend the constitution of California. They can modify it, but they have to honor the rule itself and cannot simply remove it or abrogate it through this alteration. > Legislature can amend Proposition 22’s provisions with a statute passed by a seven-eighths majority in both houses, so long as the statute is “consistent with, and furthers the purpose of,” the ini…

> Lawmakers cannot change if they so choose... They can modify it,

You know here all this time I thought that "modify" is a synonym of "change". So can lawmakers modify it or can they not modify it?

Re: US court rules Uber and Lyft workers are contractors

#5

Earlier quoted context omitted.

Lawmakers cannot change if they so choose. Propositions amend the constitution of California. They can modify it, but they have to honor the rule itself and cannot simply remove it or abrogate it through this alteration. > Legislature can amend Proposition 22’s provisions with a statute passed by a seven-eighths majority in both houses, so long as the statute is “consistent with, and furthers the purpose of,” the ini…

> Lawmakers cannot change if they so choose... They can modify it, You know here all this time I thought that "modify" is a synonym of "change". So can lawmakers modify it or can they not modify it?

I read modifying it requires like super super majority like over 80% of approval from senate legislature, effectively it couldnt be done

So it is yes and no i guess, in theory yes, in practice better forget about it. This is state constitution, it isnt meant to be modified as someone pleases

Re: US court rules Uber and Lyft workers are contractors

#7
California Labor Union Leader: "Our system is broken. It would be an understatement to say we are disappointed by this decision allowing companies to buy their way out of our state’s labor laws"

Uber Executive: "Our system is working. We’re pleased that the court respected the will of the people by upholding a voter-approved law.”

Re: US court rules Uber and Lyft workers are contractors

#8

https://www.courts.ca.gov/opinions/documents/A163655.PDF ^ Actual court ruling which is linked in the article itself. I find the article's headline misleading. The court ruled that a proposition that was passed by voters in California which classified these drivers as contractors was mostly constitutional and would be allowed to have the effect of law, noting that California's legislative branch was free to change th…

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Re: US court rules Uber and Lyft workers are contractors

#9

https://www.courts.ca.gov/opinions/documents/A163655.PDF ^ Actual court ruling which is linked in the article itself. I find the article's headline misleading. The court ruled that a proposition that was passed by voters in California which classified these drivers as contractors was mostly constitutional and would be allowed to have the effect of law, noting that California's legislative branch was free to change th…

Lawmakers cannot change if they so choose. Propositions amend the constitution of California. They can modify it, but they have to honor the rule itself and cannot simply remove it or abrogate it through this alteration. > Legislature can amend Proposition 22’s provisions with a statute passed by a seven-eighths majority in both houses, so long as the statute is “consistent with, and furthers the purpose of,” the ini…

The one and only job of lawmakers is to create or change laws as they so choose.

Obviously lawmakers must still abide by laws in effect*, but they can absolutely change those laws if they have sufficient votes to do so.

Even the US Federal Constitution can be changed by lawmakers, nothing is off-limits with enough votes.

* Some countries suspend enforcement of laws within the physical space of legislative chambers. As an example, I understand over in Japan it's perfectly legal for a Diet member to murder someone in the Japanese Diet's legislative chamber because laws prohibiting murder aren't in effect in there. IANAL so I could be misled by urban legends.

Re: US court rules Uber and Lyft workers are contractors

#10
Isn't this debate largely a false dilemma?

Its obvious to me that an additional category is prudent, or that people besides employees should have access to subsidized health care premiums and some form of paid sick leave. that doesnt have to come from the employer and that doesnt have to mean that worker flexibility is curbed.

contractors can already do retirement benefits plans such as the 401k plan, running your own is far more flexible than an employee’s version

its lazy to “solve” these gaps by reclassifying workers as employees

it is also ridiculous that only giant corporations can lobby the people to get its own exemption passed to restore contractor status, other groups should have this power too. maybe an agency could put up comment periods for specific industries, removing this need from the legislature or proposition process

round hole, square peg

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