This week, the Court considered the retroactivity of
California's Proposition 22—which designates
“app-based drivers” as independent contractors under
certain conditions—and addressed the requirements for Clean
Water Act citizen suits.
LAWSON v. GRUBHUB, INC.
The Court holds that California's Proposition 22 does not
apply retroactively or abate preexisting wage-and-hour claims.
The panel: Judges W. Fletcher, Watford,
and Collins, with Judge Fletcher writing the opinion.
Key highlight: “Grubhub argues that the
phrase in Proposition 22 that reads ‘[n]otwithstanding any
other provision of law, including . . . the Labor Code'
abolished the ABC test. Cal. Bus. & Prof. Code § 7451. But
Proposition 22 did not wholly abolish causes of action under the
ABC test. Rather, it crafted a conditional and prospective
exemption from the test for some workers. Proposition 22 neither
changed the underlying Labor Code provisions governing these claims
nor ‘changed the portion
