Archives for August 2021

California Judge Rules Ballot Initiative Classifying App-Based Drivers As Independent Contractors Is Unconstitutional

Proposition 22, the controversial California ballot measure classifying app-based drivers as independent contractors, hit another roadblock on Friday after a judge ruled the law was unconstitutional.  

In its decision, Alameda County Superior Court Judge Frank Roesch determined the law unconstitutionally limited the “power of a future legislature to define app-based drivers as workers subject to workers’ compensation law” – a power reserved solely for the legislature under the state constitution.  Further, the law violated the constitutional provision requiring laws and initiatives be limited to a single subject, as it added language preventing app-drivers from unionizing.  The bar on Californians’ right to collective bargaining “appears only to protect the economic interests of the network companies in having a divided, un-unionized workforce, which is not a stated goal of the legislation.”  As the unconstitutional provisions could not be severed from the initiative, the entire proposition was found to be unconstitutional.  

What does this mean now?  The ride-sharing companies will assuredly appeal, as Uber spokesperson Noah Edwardsen has already vowed, “we will appeal and we expect to win.”  In the meantime, the ride-sharing companies will pursue a stay on the judge’s ruling, which would essentially freeze the court order until the state court of appeals has weighed in.   Given the interests at stake, this issue could be litigated up to the California Supreme Court. 

A link to the Court’s order can be found here:  https://www.documentcloud.org/documents/21046905-prop-22-unconstitutional

THREE HAEGGQUIST & ECK CONSUMER PROTECTION AND SECURITIES LITIGATION ATTORNEYS NAB “BEST LAWYERS IN AMERICA” ACCOLADES

 

Big congrats are in order for HAE Managing Partner Alreen Haeggquist and Partner Amber Eck, who were selected for inclusion in the 28th Edition of The Best Lawyers In America! Alreen was honored for her work in Consumer Protection Law, while Amber was selected for her work in Securities Litigation.  

Alreen was also named San Diego’s Consumer Protection Lawyer Of The Year, and HAE associate Ian Pike was selected for inclusion in the Best Lawyers: Ones To Watch list. 

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. 

Congratulations to the HAE team! 

 

 

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