Bloomberg Law
Feb. 5, 2021, 4:03 PM

Uber Drivers’ Ballot Measure Challenge Down But Not Entirely Out

Erin Mulvaney
Erin Mulvaney

A constitutional challenge to a California ballot measure that classified gig economy drivers as independent contractors still has a shot for success if it’s resurrected in a lower state court, some legal observers said.

The California Supreme Court on Feb. 3 declined to directly take up the case filed by the Service Employees International Union, the SEIU California State Council, and three drivers for Uber Technologies Inc., Lyft Inc., and DoorDash Inc.

But the lawsuit— which sought an emergency order declaring Proposition 22 invalid because it limited elected leaders’ governing power and stripped workers of rights—could be ...