Manatt Employment and Labor Partner Esra Hudson was quoted in Law360 on the California Supreme Court’s upcoming decision on a ballot measure that could carve out certain app-based workers from a worker classification law, commenting on what the case means for California’s initiative system and the plenary power of the Legislature.
The article discussed the Legislature’s authority to create and enforce the workers’ compensation system in light of a debate surrounding worker protections for independent contractors, specifically app-based workers. As debates continue about how it may impact voters' authority to create wage legislation, Hudson noted that arguments will likely focus more on California’s ballot initiative process, rather than the underlying independent contractor issue. “In my view, this case is really going to be more a commentary on the initiative system in California and the constitutionality of that, the scope of initiatives and the plenary power of the Legislature," said Hudson. She added that litigation is likely to continue after the ruling. “Whatever happens, even in the California Supreme Court on this particular case, it is still not going to be the end of the story here.”
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