Uber does not compile its drivers from special contracts to employees on the a new bill has been passed in CaliforniaMostly because it was not specifically required by the bill, the law enforcement officer for the company argued Tuesday.
“Apart from some of the rumors we’ve heard, AB5 doesn’t just arrange for drivers to separate from special contracts to employees,” said Tony West, chief legal officer for the Uber case. , wrote in a Call press paper with reporters. «AB5 did not provide benefits to drivers. AB5 does not give drivers the right to organize. After all, the bill doesn’t say anything about ride-sharing drivers.
The proposed bill, Assembly Bill 5 (AB5), reflects the current California Supreme Court decision making it more difficult for companies such as Uber to classify their drivers as independent contractors. It is dedicated what is called the “ABC of testing” to determine if someone has a contract or an employee. Some form of ABC testing has become legal in many states, including Massachusetts, Virginia, and New Jersey.
West said Uber was able to get the ABCs of the test because drivers are not the focus of its agency. “Based on the three -part tests, the main indicator is that the company needs to show that the contractors are doing work” outside of the scope of their business, “West says.” A number of previous settlements have found that driving operations are outside Uber’s corporate platform, which stands as a technological foundation for a variety of digital markets. ”
The West is right to say the bill doesn’t just make all Uber drivers work. Most of the work takes place after demonstrations at California bankers where unemployment benefits from insurance claims, wages, and other individual tests were taken.
But the allegation that “its drivers“ are operating outside of Uber’s corporate operations ”certainly raises eyebrows. West said Uber wants to pursue AB5 should it be included in the law. and next year, but will continue to strive to prove it does not fall under its legal framework.
AB5 is exposing Uber to further lawsuits from city and state prosecutors. The bill includes an amendment that authorizes the district attorney and district attorneys “of any city larger than 750,000 square feet” to seek help from Uber if it is found to be violating its provisions. method. (San Francisco’s population is about 750,000.)
San Francisco County Sheriff Dennis Herrera wants a deal. “There is no reason for the government to handle each case,” he said in a statement. according to him San Francisco Inspector. “The City of local lawyers, attorneys and other prosecutors are very active in protecting employees and clients. It’s important that this is done well. This means that local prosecutors and prosecutors need to be provided. legal tools to get the job done. “
Asked if the company could offer potential concerns, West cautioned. “Uber is no stranger to legal battles,” he said. “I think that’s one of the reasons I have this job.” In other words, Uber is too easy to judge, and it’s not clear that AB5 sees unique challenges on that side.
The West said “a lob didn’t agree” to AB5. The company met with several stakeholders, including Governor Gavin Newsom, local lawmakers, and unions to represent the drivers. The company’s proposal to impose a $ 21 per hour fine, minimum wage for a driver, pay for vacation time, and compensation for drivers injured at work, was rejected by lawmakers. before the bill was passed.
The company is currently considering spending $ 60 million, with Lyft, in a bid to promote an election campaign by 2020, to urge voters to support the creation of a rising generation. new. property. The West called it a “third-forward route,” which would give drivers more protection, like Uber and avoid burdens with W-2 employees.
If Uber is eventually forced to re -increase the number of drivers, it may not be the driving range, West says. “Drivers can’t choose when to sign every time they want,” he said. “They go on work shifts just like other employees move around. Drivers can’t choose the location to log in whenever they want, because it’s not the time. where they work, they can’t do it.
Experts have said there is nothing in local and state law that prevents Uber from allowing drivers to be as flexible as the employees they now have as contractors.
Uber is very confused about the passing of AB5. And some states have struggled to have their own gig-doing business, giving big money to a non-travel company. But West said despite possible outcomes, Uber would survive.
“This industry is very adaptable, it has met big challenges,” he said. “Ana has come a long way in all the tough stories.”