Posted on 03/19/2023 10:06:48 AM PDT by CFW
The Ninth U.S. Circuit Court of Appeals is on a tear this week, dismantling the court rulings that have supported AB5, the so-called California gig workers law. Crafted to target rideshare companies and the trucking industry, since AB5 was signed into law in 2019, it has upended the careers of approximately 4.5 million freelancers, independent contractors, and the self-employed, and destroyed the independent contractor model in the state.
On Monday, the Ninth Circuit overturned a Superior Court of Alameda decision that deemed California’s Proposition 22, which allowed rideshare drivers to maintain their status as independent contractors, unconstitutional. Proposition 22 was placed on the November 2022 ballot and approved by a wide margin. It also helped to gut AB5 and set precedent to discourage similar laws being drafted in other states, which is why Big Labor and their allies in the California Attorney General’s office continue to try and overturn the will of the voters as well as mount challenges to any lawsuit brought.
(Excerpt) Read more at redstate.com ...
Great news.
Now if only there were a court ruling heading to the 9th regarding the centralization of all property zoning in Sacramento and cutting out the towns and counties from managing their own zoning laws and regs.
And another court ruling in response to efforts to end the use of natural gas.
And another court ruling in response to efforts of the State and various Cities in CA to steal tens of trillions of dollars of wealth to give it to black people.
Remember when California voters overwhelmingly voted that marriage was between one man and one woman, only to have it ruled unconstitutional by a gay judge.
Then when voters voted to amend the state constitution the democrat governor and attorney general declined to defend it against a court challenge.
When voters vote the ‘right’ way, it’s the will of the people and must be followed. But if voters vote the ‘wrong’ way our betters will come in and correct us.
It’s like bizarro world.
Slow down the celebrations - it will be appealed - Big Union money behind AB 5 with weasel Gavin Newsom doing whatever the Unions tell him to do.
In all, I think Trump appointed 10 judges to the Ninth Circuit Court of Appeals. That has made a bit of difference in the quality of opinions coming from that Court. The findings in this Opinion seem solid.
Further from the article:
“To date, approximately 100 professions and industries in California have been exempted from Assembly Bill 5, either in the original law that went into effect on January 1, 2020, or in the “fix-it” bill (Assembly Bill 2257) that followed nine months later. The arbitrary exemption process picks winners and losers, and has resulted in nothing less than total chaos, anguish, upheaval, outrage, lost livelihoods, shuttered businesses, and a slew of lawsuits.”
And:
“Thanks to the arbitrary nature of the exemptions, the Ninth Circuit has deemed that the lawsuits, even the ones that had been previously rejected or dismissed, must now be reconsidered.”
We have to be thankful for the pendulum swings when they move back our way and towards more common sense with rulings based upon the law rather than popular opinion are what makes a state more money.
That reads to me that the Superior Court said the bad law was unconstitutional, and the Ninth Circuit overturned that, making it fully lawful.
We have to be thankful for the pendulum swings when they move back our way and towards more common sense with rulings based upon the law rather than popular opinion are what makes a state more money.
Unfortunately, we have a lot of complainers who will not engage.
“That reads to me that the Superior Court said the bad law was unconstitutional, and the Ninth Circuit overturned that, making it fully lawful.”
It does read that way. But, if you read further down into the article it makes clear that the Ninth Circuit Court ruled against AB5,
“A U.S. appeals court on Friday revived a lawsuit by Uber Technologies Inc (UBER.N) and subsidiary Postmates Inc challenging a California law that would require them to provide more proof that workers are independent contractors, a classification that helps the companies save millions.”
And the destruction of millions of jobs was virtually ignored by the lame ass media.
By the way, Biden's handlers are seeking to make AB5 nationwide with the PRO Act.
How about the same, seemingly thoughtful consideration for the host of 2A cases under their purview.
The democrats want to do a AB5 for the entire country. Destroy literally millions of jobs.
I was just at the Transportation Conference in Long Beach - it was doom & gloom - one of the leaders of the California Trucking Association told us that California is issuing a new anti-trucking regulation on a daily basis.
On Monday, the Ninth Circuit overturned a Superior Court of Alameda decision that deemed California’s Proposition 22, which allowed rideshare drivers to maintain their status as independent contractors, unconstitutional.Apparently, you have to take an Uber to get to the object complement of this sentence.
“I was just at the Transportation Conference in Long Beach - it was doom & gloom - one of the leaders of the California Trucking Association told us that California is issuing a new anti-trucking regulation on a daily basis.”
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I can see independent and small trucking companies just abandoning California altogether and ignore requests to bid on California deliveries. The costs of complying with their regulations will not be worth any income flow.
I remember that. It seemed like that was the watershed moment when it became obvious how far gone the entire system was.
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