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Judge Denies Uber and Lyft Appeal – Companies’ Last Chance on Prop. 22 Falls to Voters

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The legal push-and-pull over whether ride-hailing company drivers in California will maintain their status as independent contractors or become W-2 employees continued last week.

On Oct. 22, the First District Court of Appeal in San Francisco upheld the injunction issued against Uber and Lyft last August that those companies’ app-based drivers are employees.

In its ruling, the court said there was an “overwhelming likelihood” that Uber and Lyft are violating AB 5. The law that has driven a wedge between opponents and supporters across the state requires that employers classify workers who meet certain criteria as employees instead of independent contractors.

It also states that those hiring firms must provide all worker benefits to employees that California’s labor laws mandate.

The appellate court sided with Judge Ethan Schulman of the San Francisco Superior Court. That jurist ordered Uber and Lyft to classify their California drivers as employees.

Reacting to the ruling, Uber spokesperson Matt Kallman said he’s considering other options but the best chance for drivers to remain contractors now falls to voters when they decide on Prop. 22 next week.

“If the voters don’t say Yes on Prop. 22, rideshare drivers will be prevented from continuing to work as independent contractors, putting hundreds of thousands of Californians out of work and likely shutting down ridesharing throughout much of the state,” he said.

If voters approve the ballot measure, which Uber and Lyft are sponsoring, the gig economy companies will be able to continue classifying their employees as independent contractors.

The injunction resulted from a lawsuit that California Attorney General Xavier Becerra filed in May in conjunction with the city attorneys of San Francisco, Los Angeles and San Diego. The suit argued that Uber and Lyft violated AB 5 by classifying drivers as independent contractors after AB 5 took effect in January.

“Uber and Lyft have used their muscle and clout to resist treating their drivers as workers entitled to those paycheck and benefit protections. The courts saw right through their arguments. It’s time for Uber and Lyft to play by the rules,” said Becerra in a statement after the ruling.

Uber, Lyft and other gig economy companies have been fighting against AB 5 since Gov. Gavin Newsom signed it into law in August 2019. While the state’s lawsuit has worked its way through the courts, Uber and Lyft, along with other gig economy companies, have pumped nearly $200 million into the Yes on Prop 22 campaign so far.

Lyft spokesperson Julie Wood said in a statement, “This ruling makes it more urgent than ever for voters to stand with drivers and vote yes on Prop 22.”

The gig economy companies are also facing another legal battle. On Oct. 22, a group of California gig workers sued Uber for penalties totaling up to $260 million. The workers argue that Uber’s use of aggressive in-app messages urging the workers to support Prop. 22 violated their employment rights. They are seeking an injunction to prevent Uber from showing any more Prop. 22 messages in the app.

“Uber’s threats and constant barrage of Prop. 22 propaganda on an app the drivers must use to do their work have one purpose: to coerce the drivers to support Uber’s political battle to strip them of workplace protections,” said attorney David Lowe of Rudy, Exelrod, Zieff & Lowe in a statement announcing the lawsuit.

There have been numerous reports on social media of the Uber app’s messages, which read “Prop. 22 is progress” and “Prop. 22 will provide guaranteed earnings and a healthcare stipend.” Drivers then had to click either “Yes on Prop. 22” or “OK” to proceed in the app.

Uber spokesman Matthew Wing said that specific language is no longer used, and now drivers are occasionally shown a pop up that says “Drivers deserve better” and offers the option to click through to see more facts.

An Uber spokesperson called the lawsuit “without merit, filed solely for press attention and without regard for the facts.”

 

Michelle Snider

Associate Editor for The Post News Group. Writer, Photographer, Videographer, Copy Editor, and website editor documenting local events in the Oakland-Bay Area California area.
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#NNPA BlackPress

NAACP Sues Trump Administration Over Dismantling of Consumer Financial Protection Bureau

NNPA NEWSWIRE — The lawsuit comes after a series of drastic actions following the ouster of CFPB Director Rohit Chopra. President Trump replaced Chopra with Russell Vought, who immediately instructed staff not to perform any work tasks and ordered the closure of the agency’s headquarters, taking steps to cancel its lease.

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By Stacy M. Brown
NNPA Newswire Senior National Correspondent
@StacyBrownMedia

The NAACP has filed a lawsuit in the U.S. District Court for the District of Columbia challenging the legality of the Trump administration’s decision to dismantle the Consumer Financial Protection Bureau (CFPB). The civil rights organization argues that the move undermines protections for Black, elderly, and vulnerable consumers, leaving them exposed to financial exploitation. NAACP President and CEO Derrick Johnson condemned the administration’s actions, calling them a reckless assault on consumer protections. “Once again, we are witnessing the dangerous impacts of an overreaching executive office. The Trump Administration’s decision to dismantle the Consumer Financial Protection Bureau opens the floodgates for unethical and predatory practices to run rampant,” Johnson stated. “We refuse to stand idly by as our most vulnerable communities are left unprotected due to irresponsible leaders. From seniors and retirees, disabled people, and victims of disaster to so many more, our nation stands to face immense financial hardship and adversity as a result of the elimination of the CFPB. If our President refuses to put people over profit, the NAACP will use every tool possible to put Americans first.”

The lawsuit comes after a series of drastic actions following the ouster of CFPB Director Rohit Chopra. President Trump replaced Chopra with Russell Vought, who immediately instructed staff not to perform any work tasks and ordered the closure of the agency’s headquarters, taking steps to cancel its lease. Vought also suspended all investigations, rulemaking, public communications, and enforcement actions. Keisha D. Bross, NAACP Director of Opportunity, Race, and Justice, said the organization maintains its commitment to restoring the bureau’s critical role in protecting consumers. “The CFPB is an agency of the people. From the protection from junk fees to fighting excessive overdraft fees, providing assistance to impacted victims of natural disasters, and holding predatory practices accountable, the NAACP stands firm in bringing back the CFPB,” Bross said. “The NAACP will fight to hold financial entities responsible for the years of inequitable practices from big banks and lenders.”

The lawsuit, filed alongside the National Treasury Employees Union (NTEU), the National Consumer Law Center, the Virginia Poverty Law Center, and the CFPB Employee Association, argues that the administration’s actions violate the Constitution and the Administrative Procedure Act. According to the complaint, the Trump administration has taken deliberate steps to dismantle the CFPB, including firing 70 employees via form email, canceling over $100 million in vendor contracts, and shutting down the agency’s consumer complaint system, which processes hundreds of thousands of cases monthly. The plaintiffs warn that these actions will leave millions of Americans defenseless against financial fraud and predatory lending practices. The lawsuit details the harm already inflicted by the agency’s closure. Among those affected is Rev. Eva Steege, an 83-year-old pastor with a terminal illness who was seeking student loan forgiveness through a CFPB-facilitated program. Her meeting with CFPB staff was abruptly canceled, leaving her without recourse to resolve her debt before passing.

The NAACP and other plaintiffs seek an immediate injunction to halt the administration’s actions and restore the CFPB’s operations. The legal challenge argues that the President has no unilateral authority to dismantle an agency created by Congress and that Vought’s appointment as acting director is unlawful. President Trump has made no secret of his desire to eliminate the CFPB, confirming last week that his administration was working to “totally eliminate” the agency. Tech billionaire Elon Musk, a key player in Trump’s “Department of Government Efficiency,” celebrated the move with a social media post reading “CFPB RIP.”

If successful, the lawsuit could force the administration to reinstate the agency and resume its enforcement actions against financial institutions accused of predatory practices. “Neither the President nor the head of the CFPB has the power to dismantle an agency that Congress established,” the plaintiffs argue. “With each day the agency remains shut down, financial institutions that seek to prey on consumers are emboldened—harming their law-abiding competitors and the consumers who fall victim to them.”

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#NNPA BlackPress

Robert Kennedy and Healthcare. Is There Trust?

NNPA NEWSWIRE — Kennedy, an anti-vaxxer is the new face of healthcare in America. He was confirmed by the US Senate in a vote split along party lines, 52-48. Kentucky Republican Senator Mitch McConnell voted with Democrats opposing the nomination.

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By April Ryan

“When you erode trust you lose your democracy because it is based on trust,” according to Black Obama Administration Surgeon General Regina Benjamin. She is responding to the United States Senate’s confirmation of Robert Kennedy Jr. as the new Secretary of Health and Human Services. Kennedy, an anti-vaxxer is the new face of healthcare in America. He was confirmed by the US Senate in a vote split along party lines, 52-48. Kentucky Republican Senator Mitch McConnell voted with Democrats opposing the nomination. The Alabama-based former Surgeon General declares, “We’ve had anti-vaxxers for years, but they became prominent during COVID,” creating “new” trust issues.

From Benjamin’s professional understanding, “that’s when we started to see people not trust science,” loudly. Her position is that as health matters changed over time so did the medical responses. Controversy swirls around Kennedy’s anti-vaccination stance, however, he is lauded for his posture on preventative medicine. Benjamin is hopeful Kennedy will focus on prevention as she denotes it is “the key to solving many problems in our healthcare system.” When Benjamin was the nation’s top doctor from 2009 to 2013, the Obama administration released a national prevention strategy, which she deemed “a roadmap.” During that job, she worked to move Americans “from sickness and disease to one of health and wellness.”  Benjamin is hopeful that this new administration will “focus more on prevention.”

One of the pressing issues Secretary Kennedy will face is the shortage of healthcare professionals.  “We’ve had workforce issues for a long time. The number of doctors, the number of nurses and we don’t have enough to cover everyone.” Benjamin points out there are regional issues with a lack of healthcare professionals. “You see those decreases particularly in rural areas.”  There is a short-term fix according to Benjamin, “We have to turn to telemedicine because we don’t have [enough] doctors.” She cautions, ” It will get worse before it gets better.” With February being American Heart Month, Benjamin recommends particularly for those in the Black community to “be as healthy as you can…so you can be resilient and respond to things.”  She acknowledges that overall when it comes to our health and wellbeing, “we have to train ourselves where to go for trusted information.”

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American Heart Association Partners with the Black Press for Groundbreaking Black Health Symposium

NNPA NEWSWIRE — The event brought together leaders in healthcare and media, emphasizing the critical need for collaboration in addressing health disparities impacting Black Americans.

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By Stacy M. Brown
NNPA Newswire Senior National Correspondent
@StacyBrownMedia

For the first time, a major corporation has chosen to broadcast a significant health initiative exclusively through the Black Press of America. The American Heart Association (AHA) partnered with the National Newspaper Publishers Association (NNPA) to present “Changing the Future of Health for Black Communities: Public Health and Media Symposium,” a virtual event streamed live on NNPA’s YouTube channel as part of Black History Month. The NNPA is the trade association representing the more than 200 African-American-owned newspapers and media companies in the United States, which only known as are commonly known as the Black Press of America.

Initially planned as a hybrid event in Washington, D.C., the symposium transitioned to a fully virtual format due to inclement weather. The event brought together leaders in healthcare and media, emphasizing the critical need for collaboration in addressing health disparities impacting Black Americans. The panel featured distinguished health professionals, including Dr. Regina Benjamin, the 18th U.S. Surgeon General and founder of the Bayou Clinic; Dr. Keith Churchwell, president of the American Heart Association; and Katrina McGhee, AHA’s chief marketing officer. Media figures included Sharí Nycole, co-host at Reach Media; Dr. Benjamin Chavis Jr., NNPA president and CEO; and April Ryan, senior White House correspondent and Washington Bureau Chief for BlackPressUSA.com. Sybil Wilkes, the veteran journalist known for her role on The Tom Joyner Morning Show, moderated the discussion.

Black Health in Crisis

Dr. Churchwell laid out stark statistics highlighting the disproportionate impact of cardiovascular disease on Black Americans. “Cardiovascular disease remains the leading cause of death in the Black community,” Churchwell said. “Between 2017 and 2020, nearly 59 percent of Black men and women over the age of 20 had some form of cardiovascular disease, including coronary disease, stroke, and hypertension. In 2022 alone, almost 65,000 Black men and 59,000 Black women died from cardiovascular disease.” Hypertension remains one of the most prevalent health concerns. “The incidence of hypertension in the general population is 47 percent, but among Black men, it’s 57 percent, and among Black women, it’s 58 percent,” Churchwell said. “That’s the leading risk factor for heart disease and stroke.”

Dr. Benjamin emphasized that addressing these health disparities requires more than just medical intervention. “We’ve learned that to truly reduce and ultimately eliminate health disparities, we must address social determinants of health, such as poverty, education, and access to care,” Benjamin said. “Studies show that poverty and dropout rates are as important a health risk factor as smoking.” She stressed the necessity of prevention, adding, “Quality health outcomes depend on access to the right information, tools, and technology. But it also depends on communication—our patients understanding us, and us understanding them.”

Media’s Role in Shaping Black Health Outcomes

NNPA President Dr. Chavis underscored the Black Press’ role in disseminating accurate health information and combating misinformation. “We must recognize that Black media has the power to inform, educate, and sustain critical messaging about health,” Chavis said. “One-shot messaging doesn’t work. We must repeat these messages consistently to keep them in the consciousness of our community.” April Ryan pointed out how urgent the matter is in Black communities. “We are still the community with the highest number of negative health outcomes in almost every category,” Ryan said. “We need to continue this conversation beyond today. This isn’t about a news cycle—it’s about life and death.”

Sharí Nycole stressed that the media must inform and lead by example. “We can’t just tell people what to do—we have to model it,” Nycole said. “We need to be visible examples of prioritizing our health, whether through social media, community events, or personal engagement.”

CPR: Creating a “Nation of Lifesavers”

The symposium spotlighted the AHA’s Nation of Lifesavers campaign to ensure more Black families are equipped with CPR knowledge. The initiative gained national attention following Buffalo Bills player Damar Hamlin’s on-field cardiac arrest, which immediate CPR mitigated. “Nearly three out of four cardiac arrests that happen outside a hospital occur in the home,” McGhee said. “This means the life you save is likely someone you love. Yet Black people are the least likely to receive bystander CPR. That must change.” Churchwell pointed to a recent AHA study revealing that while bystander CPR rates have improved nationwide, Black women are the least likely to receive immediate CPR assistance. “This presents a massive opportunity for intervention,” Churchwell said. “More people need to be trained, and we need to break down whatever barriers are preventing Black women from receiving life-saving care when they need it most.”

A Call to Action

Chavis announced that the NNPA will make Black health a top editorial priority and extend coverage beyond Black History Month. “We cannot afford to lose a single day without focusing on healthcare,” Chavis said. “Health is not just an issue for February. It’s an issue for all 12 months, every single year.” Ryan asserted that it’s crucial to make health a communal effort. “We have to hold each other accountable,” she said. “Host CPR nights with your girlfriends, bring healthcare conversations to the barbershop, get cholesterol checks at your church health fair. These small changes can save lives.”

McGhee also urged action. “We need to move from awareness to action,” she said. “One person in every household should know CPR. If you don’t, today is the day to start. Visit heart.org/nation to learn more.”

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