California Legislature Moves to Allow Gig Workers to Engage in Collective Bargaining After California Appellate Court Accepted the Argument in Our Amicus Brief in the Prop. 22 Case That Prop. 22 Could

This is gratifying. Back in 2022, I filed an amicus brief in the California Court of Appeal with Professors Joey Fishkin and Franita Tolson, along with co-counsel Kathryn Eidmann and Mark Rosenbaum of Public Counsel. We did not take a position on the main question in the lawsuit: whether an initiative could mandate that California gig workers like Uber drivers could be treated as independent contractors for purposes of California workers’ compensation law. Instead, we focused only on the provision that would bar the California legislature from passing a law allowing gig workers to organize to engage in collective bargaining.

From our brief:

Amicus California Election Law Professors has reviewed the parties’ briefing and writes to address a single issue on which the parties disagree: wh