Lorena Gonzalez Issues Statement on San Diego City Attorney Mara Elliott’s Court Victory to Enforce AB 5

Tuesday, February 25, 2020

SACRAMENTO – (Tuesday, Feb. 25, 2020) – California State Assemblywoman Lorena Gonzalez (D-San Diego) issued the following statement today in response to the San Diego Superior Court’s ruling in favor of the case brought by City Attorney Mara Elliott against the grocery delivery app InstaCart for improperly classifying employees as independent contractors:

“Hundreds of thousands of gig workers in California are owed a lawful wage, social security and other basic workplace protections for the jobs they perform every day. It’s past time for these billion-dollar tech companies to do right by their workers.” Assemblywoman Gonzalez said. “Kudos to City Attorney Mara Elliott for pursuing economic justice in this case, I hope other city attorneys and our state will follow.”

Last year, City Attorney Elliott became the first government official to sue a gig company for illegally classifying its delivery drivers as independent contractors in violation of a California Supreme Court ruling known as Dynamex. Since the lawsuit was filed, California passed Assembly Bill 5 to codify the Dynamex ruling in state law and provide clarity for businesses across the state.

“The Supreme Court announced Dynamex two years ago. The decision gave rise to a long debate in the legal press and in the Legislature. The Legislature passed AB 5 last fall. The Governor signed it,” San Diego Superior Court Judge Timothy B. Taylor wrote in his tentative ruling. “To put it in the vernacular, the handwriting is on the wall.”

For questions or to schedule an interview with Assemblywoman Gonzalez, contact Sami Gallegos: samantha.gallegos@asm.ca.gov