<< Back

Ninth Circuit Upholds AB 5 as Constitutional Law

FOR IMMEDIATE RELEASE

Media Contact: Shubhangi Domokos, shubhangi@calaborfed.org/ (916) 934-6963

Ninth Circuit Upholds AB 5 as Constitutional Law

In a Victory for Workers, Panel Sides Against Uber, Postmates

Sacramento, CA – (Monday, June 10, 2024) – Today, an en banc panel of the 9th U.S. Circuit Court of Appeals affirmed in the case Olson v. State of California that Assembly Bill 5 is constitutional. This case was originally brought by Uber and Postmates alleging AB 5 violated the Equal Protection Clause.

“Today the 9th Circuit en banc affirmed that AB 5 is in fact a Constitutional law. This is a victory for all workers in the state, but especially the chronically misclassified workers in rideshare and delivery jobs,” said Lorena Gonzalez, principal officer of the California Labor Federation and author of AB 5. “Now, we must continue to seek ways to enforce this law.”

AB 5 is the California law which codified the California State Supreme Court’s Dynamex decision and implemented the “ABC test” to determine worker classification.

The California Labor Federation, AFL-CIO represents over 1,300 affiliated unions in California with over 2.3 million union members in trucking, retail, hospitality, janitorial, construction, health care, local and state government, education, arts and entertainment, warehousing and logistics, manufacturing, and a variety of other sectors.

 ###

<< Back