SAN FRANCISCO (Reuters) – The California State Senate voted on Tuesday to move a invoice that might make it way more tough for gig economic system firms like Uber Applied sciences Inc (UBER.N) and Lyft Inc (LYFT.O) to categorise employees as impartial contractors fairly than staff.
The invoice, which was sponsored by California Assemblywoman Lorena Gonzalez and is backed by Governor Gavin Newsom, handed the state senate with 29 votes in favor and 11 votes in opposition to it.
The invoice, AB5, has garnered nationwide consideration, largely owing to the dimensions of California’s workforce. A number of Democratic presidential candidates have supported the measure, together with U.S. Sens. Elizabeth Warren of Massachusetts, Bernie Sanders of Vermont and Kamala Harris of California.
It has additionally come beneath sharp criticism by commerce teams and so-called “gig economic system” corporations that rely closely on contractors.
“We’re totally ready to take this challenge to the voters of California to protect the liberty and entry drivers and riders need and wish,” Lyft mentioned in a press release.
Uber didn’t instantly reply to a request for remark after U.S. market hours.
Gig economic system firms, whose enterprise fashions are depending on the usage of contractors, have been among the many most vocal critics of AB5.
Final week, Uber and Lyft proposed a poll referendum that could possibly be introduced to California voters subsequent 12 months and would exempt drivers for ride-hailing providers from the scope of the invoice.
The 2 ride-hailing firms and supply agency DoorDash, which has made freelance drivers the spine of its enterprise, earmarked $90 million for a deliberate November 2020 poll initiative that might exempt them from the legislation.
San Francisco–primarily based DoorDash, expressing its disappointment on the vote, mentioned it was dedicated to a brand new legislation that might assure advantages and protections, together with a minimal wage, for its supply drivers.
“By approving AB5, the California legislature solidified our state’s place because the nationwide chief on office rights, setting the usual for the remainder of the nation to comply with,” the California Labor Federation mentioned in a press release.
The invoice goes again to the Meeting for a remaining vote, often called a “concurrence vote” after which it strikes on to Gov. Newsom, in accordance with a staffer for Gonzales.
California is the nation’s most populous state and it’s a chief in establishing insurance policies which can be adopted by different states.
“Folks must be very involved as a result of what occurs right here does are inclined to get copied in different states,” mentioned Joseph Rajkovacz, director of governmental affairs for the Western States Trucking Affiliation, citing California’s management in setting stricter automobile air pollution requirements.
Postmates Inc, one other San Francisco-based meals supply firm, mentioned there may be extra work to do to guard the state’s 450,000 gig supply employees.
“We’re collaborating in conversations with labor unions, state leaders, and nationwide voices…to search out sturdy long-term options to steadiness employee protections,” Postmates mentioned in a press release.
The invoice would codify a 2018 California Supreme Courtroom resolution, Dynamex Operations West Inc v. Superior Courtroom, that set out a brand new normal for figuring out whether or not employees are correctly labeled as impartial contractors.
The court docket mentioned employees are an organization’s staff beneath state wage legal guidelines when the corporate workouts management over their work, or they’re integral to its enterprise.
Reporting by Ismail Shakil in Bengaluru, Lisa Baertlein in San Francisco and Dan Wiessner in New York; Extra reporting by Akanksha Rana and Bhargav Acharya in Bengaluru; Modifying by Arun Koyyur