OAKLAND – The attorney general of California, Xavier Becerra, plans to file a preliminary injunction in its fight for the classification, with Uber and Lyft, intensifying the battle with major technology companies, on the basis of a note sent Wednesday morning from his office.
Becerra and lawyers in large cities have filed a complaint earlier this year to require technology companies to concerts to treat their drivers as employees and not as independent contractors, in accordance with a california law newly in effect that creates a standard of work across the State more oriented towards the classification of workers as employees who need to receive guarantees of wages and benefits.
The department of Justice of California has not responded to several requests for confirmation, but a lawyer from the department has notified the parties in the proceedings, the intention of the State to request the preliminary injunction, according to an email obtained by POLITICO. The office of Becerra intends to file the application for preliminary injunction on Thursday and request a hearing date on the 23rd of July.
The companies working in concert-based applications struggle against the new law, CA AB5 (19R), arguing that it décimerait their business models and deprive workers of income flexible. The companies have argued that the act does not apply to their workers, which has led to the trial of Becerra.
If granted, a preliminary injunction could require the companies of concerts to comply with the law.
Uber, Lyft, DoorDash, Postmates, and Instacart have committed more than $ 110 million to adopt an initiative vote that would allow their workers to be independent contractors.
Companies turn to the electorate after having been unable to influence the legislature, and the courts have more and more pressure. The prosecutor of the district of San Francisco, Chesa Boudin, has challenged DoorDash before the court last week to having improperly classified illegally its drivers, another stolen from a dam increasing legal challenges against companies of concerts in California.
Stacey Wells, spokeswoman for the initiative vote of the industry, has blasted the latest decision of Becerra in calling it “yet another legal action to be malicious against drivers who underlines exactly why we are pursuing the ballot measure”.
“It is baffling that anyone seeking to put an end to this critical work, threatening 900 000 jobs, especially now,” she said in a statement.
Similarly, Uber has given a preview of his message to likely voters in a statement attacking the actions of Becerra. “When more than 3 million Californians are without jobs, our elected leaders should focus on creating jobs, without trying to shut down an entire industry,” said the company.