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Uber, Lyft win delay on converting Calif. drivers to employees

August 21, 2020
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Uber Technologies Inc. and Lyft Inc. were spared from having to rapidly convert their California drivers to employees after a state appeals court agreed they can keep their business models in place while challenging a judge’s order to comply with a state labor law.

The decision Thursday is a big reprieve for the ride-hailing companies, who said they would temporarily shut down ride services in their home state if forced on short notice to provide drivers with costly benefits including health insurance and overtime. The appeals court scheduled arguments for Oct. 13 and is not likely to rule before a Nov. 3 ballot measure puts the decision into the hands of California voters.

“We are glad that the court of appeals recognized the important questions raised in this case, and that access to these critical services won’t be cut off while we continue to advocate for drivers’ ability to work with the freedom they want,” Uber said in a statement.

Lyft in a statement also welcomed the court’s intervention.

“While we won’t have to suspend operations tonight, we do need to continue fighting for independence plus benefits for drivers,” the company said in reference to the November ballot initiative.

The office for California Attorney General Xavier Becerra, who had sued the companies for not complying with the state’s gig worker law, did not immediately respond to a request for comment.

The delay buys time for the companies as they campaign for a ballot measure set for a statewide vote in November that would free app-based transportation and delivery companies from the sweeping requirements of the law known as Assembly Bill 5.

Proposition 22 exempts the companies from paying for full benefits that employees currently get under California law, such as unemployment insurance and complete workers compensation, while requiring them to pay 120 percent of minimum wage, health care contributions and medical and disability coverage, among others.

San Francisco Superior Court Judge Ethan Schulman had refused on Aug. 13 to indefinitely pause the injunction he issued earlier in the week.

Reuters contributed to this report.

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