uber drivers sue company alleging coercive prop 22 advertising

Uber is currently involved in a class-action lawsuit concerning Proposition 22, with allegations that the company is unlawfully pressuring its drivers to advocate for the ballot measure aimed at maintaining worker classification as independent contractors. The legal action was initiated by Uber drivers Benjamin Valdez and Hector Castellanos, alongside the California nonprofit groups Worksafe and Chinese Progressive Association.
According to David Lowe, legal counsel for those bringing the suit, “It must be understood that Uber’s intimidation tactics and the continuous stream of Prop 22 promotional material within the app drivers are required to use for work are intended to compel drivers to back Uber’s campaign to remove their workplace protections.”
Update 10/28: A judge has rejected the plaintiffs’ motion for a temporary restraining order, citing a lack of evidence demonstrating any Uber drivers faced repercussions for not endorsing Prop 22, and characterizing the injunction request as coming too late.
The lawsuit, as reported by The New York Times’ Kate Conger, asserts that Uber has been urging its drivers and delivery personnel to show support for Prop 22 through the company’s driver-scheduling application.
The suit contends that “Uber’s requests are designed to instill fear of reprisal among drivers who do not align with Uber’s political stance, and may lead numerous drivers to falsely indicate their agreement with being denied the rights afforded to statutory ‘employees’ under California law.”
The plaintiffs also intend to submit legal complaints against Uber, Lyft, Instacart, and DoorDash to the California Labor Commissioner.
Uber representative Matt Kallman responded to TechCrunch with the statement: “This lawsuit is baseless and solely intended to generate publicity, disregarding the actual circumstances. It will not overshadow the fact that a significant majority of drivers have consistently supported Prop 22, recognizing its potential to enhance their working conditions and preserve their preferred work arrangement.”
Proposition 22 represents the most financially substantial campaign in California’s electoral history. As of this moment, the campaign supporting Prop 22 (Yes on 22) has invested over $185 million in the initiative, with Uber, Lyft, and DoorDash being the primary financial backers. Conversely, the opposition campaign (No on 22) has contributed $12,166,063.