Partner and Chair of CDF's PAGA Litigation Practice Group, Corey Cabral, provided commentary in the HR Dive article on "Despite Latest Blow, Battle Over California's App-Based Driver Law Far From Over," on August 26, 2021.
The court's ruling is a "very nuanced issue that arises from the somewhat complex nature of the initiative and the resulting constitutional questions," according to Corey Cabral, partner in the Sacramento, California, office of management-side firm CDF Labor Law LLP. It also appeared to address checks and balances within the state government rather than issues pertaining to the classification of ride-share drivers.
But outside of the case's narrow applicability to ride-share drivers, it also may hold some importance for California employers in other industries that have sought initiatives that would make employment of their workers "less arduous" with respect to the state's labor code requirements, Cabral said.
One example occurred in 2018, when employers in California's emergency medical ambulance industry funded a successful ballot initiative to create a carve-out in the state's labor code that provided relief from some meal and rest break requirements.
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