California Supreme Court Is Urged to Make Gig Worker Classification Ruling Retroactive
Tuesday's hearing comes as California voters consider Proposition 22, a ballot measure fueled by record-setting donations from Uber, Lyft, DoorDash, Instacart and Postmates that would exempt ride-hailing and delivery drivers from state law defining them as employees.
A plaintiffs lawyer urged the California Supreme Court on Tuesday to apply its landmark worker-classification decision retroactively, a plea that comes amid broader state and national debates about gig economy workers.
Shannon Liss-Riordan of Lichten & Liss-Riordan argued that the court’s 2018 ruling in Dynamex Operations West v. Superior Court did not constitute a wholesale legal change in defining independent contractors and employees. Instead, Liss-Riordan said, the decision and its ABC test “tightened up” standards for classifying workers.
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