Call or email us anytime
(805) 484-0333
Search Guide
Today is Friday, April 26, 2024 -

News Articles

Editorial: Prop. 22 a Road Map for Bypassing Legislature on Labor Law

  • State: California
  • Topic: WEST
  • - Popular with: Legal
  • -  0 shares

The Los Angeles Times editorial board on Thursday said the success of Proposition 22 creates a road map that companies can follow to bypass the California Legislature and write employment rules and laws through ballot initiatives.

Nearly 60% of California residents voted in favor of Prop. 22 on Tuesday. More than 6.7 million people — 58.4% of the vote — supported the initiative that classifies as independent contractors app-based drivers for companies such as Uber, Lyft and Postmates. As of Thursday morning, the Associated Press was reporting 4.8 million people voted against the initiative.

The Los Angeles Times on Wednesday said California lawmakers had the opportunity when negotiating Assembly Bill 5 to cut a deal with tech companies to exempt them from the new law that presumes workers are employees.

“Instead of creating a third category of protections for gig workers, which would have been the far-sighted thing to do, labor-friendly Democrats in the Legislature spurned overtures from Uber et al. and, in essence, required those workers to be treated as employees eligible for minimum wage, overtime pay, unemployment insurance, workers’ compensation and other state-mandated protection,” the Times editorial board wrote.

The newspaper said the protections offered by Prop. 22 are better than nothing. The initiative, for example, will require tech companies to provide insurance for occupational injuries, including up to two years of temporary disability benefits and up to $1 million in medical treatment. The program doesn’t have to provide permanent disability benefits that are available in the work comp system. And there is no cap on medical benefits in comp.

The Times said gig drivers deserved a better deal that assures them the same level of protection provided under state wage laws and under the state comp system. But it’s probably too late for the Legislature to provide that now that voters approved Prop. 22.

“Just as ominously, the app companies have provided a template for future efforts, in California and elsewhere, to use the ballot box to reclassify employees as contractors and cut their benefits,” the editorial board opined. “Before we see the next Proposition 22, lawmakers should do the work they could have done last year and create a new category in state employment law for gig workers that provides the protections that those who make a living at these jobs need without sacrificing the flexibility and choice that make these jobs attractive in the first place.”

One Comment

Log in to post a comment

Close


Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.
James Witkop Nov 5, 2020 a 3:11 pm PST

I agree. Do away with the prop system. Make the legislature responsible for generating all of the taxes and fees this revenue-addicted state requires. Maybe then we will have the fiscal responsibility this state so desperately needs.

Advertisements

Upcoming Events

  • May 5-8, 2024

    Risk World

    Amplify Your Impact There’s no limit to what you can achieve when you join the global risk managem …

  • May 13-15, 2024

    NCCI's Annual Insights Symposi

    Join us May 13–15, 2024, for NCCI's Annual Insights Symposium (AIS) 2024, the industry’s premier e …

  • May 13-14, 2024

    CSIA Announces the 2024 Annual

    The Board of Managers is excited to announce that the CSIA 2024 Annual Meeting and Educational Con …

Workers' Compensation Events

Social Media Links


WorkCompCentral
c/o Business Insurance Holdings, Inc.
PO Box 1010
Greenwich, CT 06836
(805) 484-0333