California Labor &
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Court Issues Stay of Injunction Order Requiring Uber and Lyft to Reclassify Their Drivers as Employees
Aug 20, 2020

Court Issues Stay of Injunction Order Requiring Uber and Lyft to Reclassify Their Drivers as Employees

Topics: Court Decisions, Wage & Hour Issues

As previously reported, a San Francisco Superior Court judge recently issued a preliminary injunction against Uber and Lyft, ordering them to reclassify their drivers as employees instead of independent contractors.  Uber and Lyft filed an immediate appeal seeking a stay of the trial court’s order.  Had the stay not been granted, Uber and Lyft both reported that they would have suspended ridesharing services in California tonight.  Luckily for Californians, the immediate loss of Uber and Lyft services was averted today.  The Court of Appeal granted an immediate stay of the injunction, preventing it from taking effect during the pendency of the appeal, provided that Uber and Lyft agree to a very expedited briefing schedule on the appeal and submit plans for how they would comply with the injunction in the event they lose their appeal on the merits AND their ballot petition (whereby voters this November can vote to allow Uber and Lyft drivers to continue as independent contractors) is unsuccessful.  This is great news for Uber and Lyft, as it effectively means they can continue operations in California until voters decide this important issue in November.  Hopefully the voters will think more than the California legislature has of the importance of retaining these services in the state – both for consumers and workers.

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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