Labor/Employment,
Constitutional Law,
Civil Litigation
Oct. 13, 2021
In invalidating Prop 22, court overlooked basic constitutional law
In August, a trial court in Alameda County invalidated Proposition 22 — a statutory voter initiative that classified many app-based drivers as independent contractors — citing three grounds.
Steven G. Churchwell
Of Counsel
Buchalter APC
Email: schurchwell@buchalter.com
University of Tennessee COL; Knoxville TN
Steve is former general counsel for the California Fair Political Practices Commission. He has served as counsel to state and local initiative and referendum campaigns since 1988.
On Aug. 20, a trial court in Alameda County invalidated Proposition 22 -- a statutory voter initiative that classified many app-based drivers as independent contractors -- citing three grounds. Castellanos v. State of Cal., RG21088725. This op-ed will discuss why the court's first ground -- a supposed conflict with the Legislature's plenary authority in the state constitution to create a system of workers' compensation -- appears to violate...
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