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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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Remembering George Floyd

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OP-ED: Oregon Bill Threatens the Future of Black Owned Newspapers and Community Journalism

BLACKPRESSUSA NEWSWIRE — Nearly half of Oregon’s media outlets are now owned by national conglomerates with no lasting investment in local communities. According to an OPB analysis, Oregon has lost more than 90 news jobs (and counting) in the past five years. These were reporters, editors and photographers covering school boards, investigating corruption and telling community stories, until their jobs were cut by out-of-state corporations.

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By Dr. Benjamin F. Chavis, Jr.
President and CEO, National Newspaper Publishers Association

For decades, The Skanner newspaper in Portland, the Portland Observer, and the Portland Medium have served Portland, Oregon’s Black community and others with a vital purpose: to inform, uplift and empower. But legislation now moving through the Oregon Legislature threatens these community news institutions—and others like them.

As President and CEO of the National Newspaper Publishers Association (NNPA), which represents more than 255 Black-owned media outlets across the United States—including historic publications like The Skanner, Portland Observer, and the Portland Medium—l believe that some Oregon lawmakers would do more harm than good for local journalism and community-owned publications they are hoping to protect.

Oregon Senate Bill 686 would require large digital platforms such as Google and Meta to pay for linking to news content. The goal is to bring desperately needed support to local newsrooms. However, the approach, while well-intentioned, puts smaller, community-based publications at a future severe financial risk.

We need to ask – will these payments paid by tech companies benefit the journalists and outlets that need them most? Nearly half of Oregon’s media outlets are now owned by national conglomerates with no lasting investment in local communities. According to an OPB analysis, Oregon has lost more than 90 news jobs (and counting) in the past five years. These were reporters, editors, and photographers covering school boards, investigating corruption, and telling community stories, until their jobs were cut by out-of-state corporations.

Legislation that sends money to these national conglomerate owners—without the right safeguards to protect independent and community-based outlets—rewards the forces that caused this inequitable crisis in the first place. A just and inclusive policy must guarantee that support flows to the front lines of local journalism and not to the boardrooms of large national media corporations.

The Black Press exists to fill in the gaps left by larger newsrooms. Our reporters are trusted messengers. Our outlets serve as forums for civic engagement, accountability and cultural pride. We also increasingly rely on our digital platforms to reach our audiences, especially younger generations—where they are.

We are fervently asking Oregon lawmakers to take a step back and engage in meaningful dialogue with those most affected: community publishers, small and independent outlets and the readers we serve. The Skanner, The Portland Observer, and The Portland Medium do not have national corporate parents or large investors. And they, like many smaller, community-trusted outlets, rely on traffic from search engines and social media to boost advertising revenue, drive subscriptions, and raise awareness.

Let’s work together to build a better future for Black-owned newspapers and community journalism that is fair, local,l and representative of all Oregonians.

Dr. Benjamin F. Chavis Jr., President & CEO, National Newspaper Publishers Association

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Hate and Chaos Rise in Trump’s America

BLACKPRESSUSA NEWSWIRE — Tactics ranged from local policy manipulation to threats of violence. The SPLC documented bomb threats at 60 polling places in Georgia, traced to Russian email domains.

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By Stacy M. Brown
Black Press USA Senior National Correspondent

The Southern Poverty Law Center has identified 1,371 hate and antigovernment extremist groups operating across the United States in 2024. In its latest Year in Hate & Extremism report, the SPLC reveals how these groups are embedding themselves in politics and policymaking while targeting marginalized communities through intimidation, disinformation, and violence. “Extremists at all levels of government are using cruelty, chaos, and constant attacks on communities and our democracy to make us feel powerless,” said SPLC President Margaret Huang. The report outlines how hard-right groups aggressively targeted diversity, equity, and inclusion (DEI) initiatives throughout 2024. Figures on the far right falsely framed DEI as a threat to white Americans, with some branding it a form of “white genocide.” After the collapse of Baltimore’s Francis Scott Key Bridge, a former Utah legislator blamed the incident on DEI, posting “DEI = DIE.”

Tactics ranged from local policy manipulation to threats of violence. The SPLC documented bomb threats at 60 polling places in Georgia, traced to Russian email domains. Similar threats hit Jewish institutions and Planet Fitness locations after far-right social media accounts attacked them for trans-inclusive policies. Telegram, which SPLC describes as a hub for hate groups, helped extremists cross-recruit between neo-Nazi, QAnon, and white nationalist spaces. The platform’s lax moderation allowed groups like the Terrorgram Collective—designated terrorists by the U.S. State Department—to thrive. Militia movements were also reorganized, with 50 groups documented in 2024. Many, calling themselves “minutemen,” trained in paramilitary tactics while lobbying local governments for official recognition. These groups shared personnel and ideology with white nationalist organizations.

The manosphere continued to radicalize boys and young men. The Fresh & Fit podcast, now listed as a hate group, promoted misogyny while mocking and attacking Black women. Manosphere influencers used social media algorithms to drive youth toward male-supremacy content. Turning Point USA played a key role in pushing white nationalist rhetoric into mainstream politics. Its leader Charlie Kirk claimed native-born Americans are being replaced by immigrants, while the group advised on Project 2025 and organized Trump campaign events. “We know that these groups build their power by threatening violence, capturing political parties and government, and infesting the mainstream discourse with conspiracy theories,” said Rachel Carroll Rivas, interim director of the SPLC’s Intelligence Project. “By exposing the players, tactics, and code words of the hard right, we hope to dismantle their mythology and inspire people to fight back.”

Click here for the full report or visit http://www.splcenter.org/resources/guides/year-hate-extremism-2024.

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