In light of the Giants Protection Act, the AB5 bill passed the California Senate last night, and amendments to the AB5 passage law in the assembly this morning, Uber She explained that she plans to do whatever it takes to maintain independent contractors for her drivers.
"We will continue to call for a settlement agreement," Tony West, Uber's chief legal officer, said in a telephone interview today.
Uber also identified last monthThe company is pushing for a framework that will set the minimum guaranteed profit during the trip, offer portable features and enable drivers to “have a collective voice”.
He said Uber continued to explore several legal and political options to lay the groundwork for a statewide polling initiative in 2020. $ 60 million joint initiative last monthNow, West says, Uber is open to investing more money in the commission's account.
"This is not our first choice," West said. "At the same time, we need to make sure that we are exploring all options and all alternatives to develop a framework that is appropriate for the 21st century economy, and we believe we have a framework to do that."
AB5 can help ensure workers 'right to the economy to receive minimum wages, workers' compensation, and other benefits by requiring employers to apply the ABC test. The bill, which was first introduced in December 2018, aims to encrypt the verdict Dynamex Operations West, Inc. V. The Supreme Court of Los Angeles. In this case, the court applied the ABC test and Dynamex decided to mistakenly classify its workers as independent contractors.
according to ABC testIn order to legally designate a worker as an independent contractor, the employment entity must prove that the worker is free from the control and direction of the employment entity, perform its work outside the business of the entity and regularly participate in "the trade, profession or independently established business of the same nature as the work performed."
West said that if Uber failed the test, drivers would not be able to determine when, where and when they would work, and would not be able to work for more than one platform at a time.
"I think there will be significant changes in the drivers' experience," West said.
But the West believes that Uber will not fail this test. West said that while the test would be needed if AB5 was likely to be signed by the law, West noted, "We have succeeded in arguing with this ABC test in the past that drivers are independent and independent." "We think this is true."
There would certainly be a financial impact if Uber failed to test, but the West refused to comment on what that financial impact would be. However, industry analysts estimated that it could lead to a cost increase of up to 30%.
As mentioned earlier, the bill is expected to pass, and Gavin Newsom has expressed support for the measure. anyway, Newsom said earlier todayStill in negotiations with both Uber and Lift.
"The governor was very clear that he was fully committed to a negotiated solution here," West said. "It was clear to us in that letter in private and he has said it publicly now."
After the Senate bill was passed, Lyft said the state had missed an opportunity to support the majority of motorists who wanted a solution that would balance flexibility with the standard of profits and benefits.
A spokesman for "Lift": "The fact that there are more than 50 engraved industries of AB5 is critical." "We are fully prepared to present this issue to California voters to maintain freedom and access to drivers and riders who want and need."
Earlier in the day, Lyft sent an email to drivers regarding AB5 and how if he was logged into a law, drivers might soon be asked to drive certain spells, stick to specific areas, and drive for only one platform (such as Lyft, Uber, Doordash, Or others). "
Despite what Uber and Lyft say, there are a number of drivers who have fought long and hard to ensure the bill is passed. Two of the key organizations behind AB5's work are Gig Workers Rising and Mobile Workers Alliance. In addition to urging legislators to pass the AB5, Uber and Lyft drivers who organize with Gig Workers Rising also want the right to form a union.
"AB 5 is only the beginning," Aidan Alpha, a driver working with Gig Workers Rising, said in a statement. “I talk every day with other drivers who want change but are afraid. They don't want to lose their only source of income. Working without them. "