United States of America: Issued Court of Appeals for the Ninth Circuit ruling in Postmates and Uber case challenging constitutionality of Assembly Bill 5

Description

Issued Court of Appeals for the Ninth Circuit ruling in Postmates and Uber case challenging constitutionality of Assembly Bill 5

On 10 June 2024, the Court of Appeals for the Ninth Circuit issued its ruling regarding the constitutionality of California Assembly Bill 5. Uber and Postmates, which is owned by Uber, challenged the constitutionality of Assembly Bill 5, alleging that it violates the Equal Protection Clauses of both the US and California Constitutions. They argued that the law unfairly targets app-based rideshare and delivery companies by imposing an employment classification that differs from the tests applied to other gig companies, thus exempting certain other industries. The US Court of Appeals for the Ninth Circuit acknowledged the state’s interest in addressing worker misclassification within the transportation and delivery sectors and upheld the distinctions made by Assembly Bill 5, stating that there are "plausible reasons" for treating companies such as Uber differently from other types of companies that use gig workers.

Original source

Scope

Policy Area
Labour law
Policy Instrument
Worker classification or protection regulation
Regulated Economic Activity
platform intermediary: other
Implementation Level
subnational
Government Branch
judiciary
Government Body
court

Complete timeline of this policy change

Hide details
2024-06-10
in force

On 10 June 2024, the Court of Appeals for the Ninth Circuit issued its ruling regarding the constit…

We use cookies and other technologies to perform analytics on our website. By opting in, you consent to the use by us and our third-party partners of cookies and data gathered from your use of our platform. See our Privacy Policy to learn more about the use of data and your rights.