AB 5 May Violate Equal Protection Rights Of Independent Contractor Drivers And The Gig Companies That Retain Them
Olson v. State of Cal., 62 F.4th 1206 (9th Cir. 2023)
Lydia Olson, Miguel Perez, Uber, Inc., and Postmates, Inc. sued to enjoin the State of California from enforcing California Assembly Bill 5, as amended by California Assembly Bills 170 and 2257, against them. A.B. 5, as amended, codified the “ABC test” adopted by the Supreme Court of California in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, 4 Cal. 5th 903 (2018). A.B. 5, as amended, however, incorporated numerous exemptions into its provisions.
Plaintiffs requested an injunction on the grounds that—as applied to Plaintiffs—A.B. 5, as amended, violates: the Equal Protection Clauses, the Due Process Clauses, the Contract Clauses, and the Bill of Attainder Clauses of the United States and California Constitutions.
The district court denied the plaintiffs’ motion for a preliminary injunction and dismissed their lawsuit.
The Ninth Circuit reversed the district court’s dismissal of the plaintiffs’ equal protection claims but affirmed the dismissal of the due process, contract clause, and bill of attainder claims. The Ninth Circuit then remanded the district court’s order denying Plaintiffs’ motion for a preliminary injunction for reconsideration.