California Labor Law Issues Stemming from the Novel Coronavirus

The novel coronavirus has changed the day to day lives of many during the past weeks. The changes wrought by this unprecedented situation are making waves that seem to ripple through the legal landscape.

California Labor Law Issues Stemming from Coronavirus:

California labor law issues connected to the spread of the coronavirus are making themselves known. Uber drivers have been fighting for employee rights citing misclassification for years, but their arguments are escalating quickly in response to the coronavirus. 

Uber's Response to the Coronavirus Pandemic and Escalating Litigation: 

In response to the situation, Uber released a temporary pandemic-specific policy. The policy was introduced at the beginning of April 2020 after Uber drivers requested a California judge issue an emergency order to require Uber to classify them as employees during the coronavirus crisis. The drivers argued that failing to do so puts the public in danger as drivers classified as independent contractors are more likely to keep working when infected, which could further the spread of the virus at a crucial time when flattening the curve is so vital.

Introducing Covid-19 Sick Leave for Uber Drivers:  

The temporary policy Uber introduced in response to the demand for employee status is more stringent than protections provided to employees under the California labor code. However, it requires documentation of a Covid-19 diagnosis form a doctor or a personal order to quarantine, which still leaves a substantial risk to the public as many sick drivers will not be diagnosed or ordered to quarantine. With many of California's drivers living "check to check," they cannot obtain a doctor's note and will keep working even if exhibiting Covid-19 symptoms. The plaintiffs' counsel argues that this situation presents a risk of significant harm to the drivers themselves and the public.

The Response to Uber's Temporary Pandemic Sick Leave Policy:

Under the temporary policy Uber introduced, drivers would lose work (up to several hours) attempting to obtain the required doctor's note. Those who do not have Covid-19 symptoms have been advised to avoid visiting health care facilities. Doctors are busy – they don't want to be bothered to write a note to your employer. And U.S. District Judge Edward Chen agreed as he was recorded as responding that "getting a doctor's note may be problematic…" The judge suggested the gig rideshare company consider offering a self-certification process for drivers who can't easily gain access to a physician. 

Back to the Drawing Table to Seek a Better Temporary Solution:

While Uber argued that the temporary sick leave policy combined with the federal Families First Coronavirus Response Act and CARES Act, would provide more for affected drivers than employees receive under California state law, Judge Chen instructed both parties to try again suggesting an interim, pandemic-specific policy allowing drivers to access paid sick leave without a doctor's note or personal quarantine order.

If you need to discuss how to file a misclassification lawsuit or if you have questions about employment law violations amid the Covid-19 crisis, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.