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Uber and Lyft lose appeal, ordered again to classify drivers as employees

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Uber and Lyft were ordered by California’s court of appeals to classify their drivers as employees. In a 74-page opinion, the court affirmed the injunction that was issued on August 10th requiring Uber and Lyft to classify their drivers as employees within 30 days.

But it’s unlikely this ruling will go into effect before California voters weigh in on a ballot measure, Prop 22, that would exempt Uber, Lyft and other gig economy companies from the state law making it more difficult to classify workers as independent contractors.

The injunction won’t go into effect until 30 days after the appeals ruling. Still, it’s a sign that Uber and Lyft have a lot riding on the passage of Prop 22. The companies, along with DoorDash and other gig economy companies, are spending $186 million to win over the electorate.

Nonetheless, public officials and driver groups celebrated the court ruling. “This is a huge victory for drivers,” the pro-Prop 22 Gig Workers Rising said in a statement. The city attorney of San Francisco simply tweeted, “Drivers are employees.”

Uber and Lyft said they are exploring their “appeal options,” and may take the case to the state’s Supreme Court. “Today’s ruling means that if the voters don’t say Yes on Proposition 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,” an Uber spokesperson added.

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

The battle over Prop 22 has been heating up in recent weeks, as polling shows the electorate sharply divided over whether Uber and Lyft should treat drivers like employees. A group of Uber drivers sued the company today claiming the “constant barrage” of messages in its app violates workers’ rights. The drivers are seeking up to $260 million in penalties.

The August 10th ruling was in response to a preliminary injunction filed by California Attorney General Xavier Becerra as part of a lawsuit alleging the companies are in violation of the state’s AB5 law that went into effect on January 1st. The law enshrines the so-called “ABC test” to determine if someone is a contractor or an employee, and generally makes it more difficult for companies like Uber and Lyft to classify workers as independent contractors.

Uber and Lyft say most drivers prefer to be independent because of the flexibility and ability to set their own hours. But labor unions and elected officials contend this deprives them of traditional benefits like health insurance and workers’ compensation, as well as forces drivers to shoulder all the costs of their work.

Uber and Lyft, along with DoorDash, are funding a ballot measure, Proposition 22, that would allow them to sidestep AB5 and continue classifying their workers as independent contractors. A recent poll funded by Uber found that the majority of drivers — as well as voters — support the plan.

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Keep That Hotdish Hot With 65% Off a Luncia Casserole Carrier, Only $11 With Promo Code

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Best Home DealsBest Home DealsThe best home, kitchen, smart home, and automotive deals from around the web, updated daily.

Luncia Double-Decker Dish Carrier | $11 | Amazon | Promo code SDDU9S7F

It has been a long time since the days we could safely have a potluck or other gatherings, but we have a fantastic deal perfect for once those times return. These double-decker Luncia dish carriers can be had for 65% off when you add promo code SDDU9S7F at checkout and clip the coupon on the site (it’s just below the price). These holders fit 9″x 13″ sized baking dishes.

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That means you can insulate and keep two dishes of food warm for only $11 instead of $30. What’s more, your Luncia carrier will arrive by Christmas if you order today as a Prime member.

Just add promo code SDDU9S7F and clip the 5% off coupon to bring the price down to $11 for the blue or the grey option.

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Grab this offer while it’s still around!


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Conquer Your Pup’s Dander and Fur With $700 Off a Cobalt or Charcoal Bobsweep PetHair Plus Robot Vacuum

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Best Home DealsBest Home DealsThe best home, kitchen, smart home, and automotive deals from around the web, updated daily.

Bobsweep PetHair Plus Robot Vacuum & Mop (Cobalt) | $200 | Best Buy

Bobsweep PetHair Plus Robot Vacuum & Mop (Charcoal) | $200 | Best Buy

Allergies can be bad enough as the seasons change. Don’t let pet hair and dander add to that by vacuuming it up early and often. That chore is easier said than done— unless you have a robot vacuum to do the work for you. This lovely bright cobalt Bobsweep PetHair Plus robot vacuum and mop, only $200 today at Best Buy seems like an ideal option. That’s a whopping $700 off, by the way.

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You can get the same deal for the charcoal version of the robot vac, too. This model is not only specially made for picking up pet hair, it self docks and charges when it’s finished with the work.

It also comes with a mop attachment, so it can take care of those kitchen floors for you as well. Grab it while it’s still available for this fantastic price!

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Apple will replace AirPods Pro for free with faulty noise cancellation, static or crackling

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Today, exactly one year after Apple first launched the AirPods Pro — and thus the same day the very first AirPods Pro owners will see their one-year warranties expire — Apple has launched a repair program that offers free repairs or replacements for another whole year if your AirPods Pro experience issues with noise cancellation or static.

Specifically, Apple will fix:

Crackling or static sounds that increase in loud environments, with exercise or while talking on the phone

Active Noise Cancellation not working as expected, such as a loss of bass sound, or an increase in background sounds, such as street or airplane noise

Apple says only a “small percentage of AirPods Pro” are affected by the issues, but it apparently wasn’t just an early batch — Apple says affected units were manufactured “before October 2020,” meaning every AirPods Pro ever made might be eligible. That’s quite a recall if so. Apple says it will repair faulty AirPods Pro for two years after you first buy them.

We’ve heard complaints about degraded noise cancellation before, and at least one Verge editor has replaced their AirPods Pro under warranty. It’s nice to hear that Apple isn’t just cutting buyers off as soon as that warranty expires.

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