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Judge Denies Uber and Lyft Appeal – Companies’ Last Chance on Prop. 22 Falls to Voters

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The legal push-and-pull over whether ride-hailing company drivers in California will maintain their status as independent contractors or become W-2 employees continued last week.

On Oct. 22, the First District Court of Appeal in San Francisco upheld the injunction issued against Uber and Lyft last August that those companies’ app-based drivers are employees.

In its ruling, the court said there was an “overwhelming likelihood” that Uber and Lyft are violating AB 5. The law that has driven a wedge between opponents and supporters across the state requires that employers classify workers who meet certain criteria as employees instead of independent contractors.

It also states that those hiring firms must provide all worker benefits to employees that California’s labor laws mandate.

The appellate court sided with Judge Ethan Schulman of the San Francisco Superior Court. That jurist ordered Uber and Lyft to classify their California drivers as employees.

Reacting to the ruling, Uber spokesperson Matt Kallman said he’s considering other options but the best chance for drivers to remain contractors now falls to voters when they decide on Prop. 22 next week.

“If the voters don’t say Yes on Prop. 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,” he said.

If voters approve the ballot measure, which Uber and Lyft are sponsoring, the gig economy companies will be able to continue classifying their employees as independent contractors.

The injunction resulted from a lawsuit that California Attorney General Xavier Becerra filed in May in conjunction with the city attorneys of San Francisco, Los Angeles and San Diego. The suit argued that Uber and Lyft violated AB 5 by classifying drivers as independent contractors after AB 5 took effect in January.

“Uber and Lyft have used their muscle and clout to resist treating their drivers as workers entitled to those paycheck and benefit protections. The courts saw right through their arguments. It’s time for Uber and Lyft to play by the rules,” said Becerra in a statement after the ruling.

Uber, Lyft and other gig economy companies have been fighting against AB 5 since Gov. Gavin Newsom signed it into law in August 2019. While the state’s lawsuit has worked its way through the courts, Uber and Lyft, along with other gig economy companies, have pumped nearly $200 million into the Yes on Prop 22 campaign so far.

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

The gig economy companies are also facing another legal battle. On Oct. 22, a group of California gig workers sued Uber for penalties totaling up to $260 million. The workers argue that Uber’s use of aggressive in-app messages urging the workers to support Prop. 22 violated their employment rights. They are seeking an injunction to prevent Uber from showing any more Prop. 22 messages in the app.

“Uber’s threats and constant barrage of Prop. 22 propaganda on an app the drivers must use to do their work have one purpose: to coerce the drivers to support Uber’s political battle to strip them of workplace protections,” said attorney David Lowe of Rudy, Exelrod, Zieff & Lowe in a statement announcing the lawsuit.

There have been numerous reports on social media of the Uber app’s messages, which read “Prop. 22 is progress” and “Prop. 22 will provide guaranteed earnings and a healthcare stipend.” Drivers then had to click either “Yes on Prop. 22” or “OK” to proceed in the app.

Uber spokesman Matthew Wing said that specific language is no longer used, and now drivers are occasionally shown a pop up that says “Drivers deserve better” and offers the option to click through to see more facts.

An Uber spokesperson called the lawsuit “without merit, filed solely for press attention and without regard for the facts.”

 

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Brittney Griner Sentenced to More than 9 years in Russian Prison

NNPA NEWSWIRE — The lawyers of WNBA star Brittney Griner, Maria Blagovolina and Alexander Boykov, said in a written statement following the verdict announcement that the court ignored all the evidence they presented and that they will appeal the decision. “We are very disappointed by the verdict. As legal professionals, we believe that the court should be fair to everyone regardless of nationality,” Attorneys Maria Blagovolina and Alexander Boykov said in a statement.

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By Stacy M. Brown, NNPA Newswire Senior National Correspondent
@StacyBrownMedia

WNBA Superstar Brittney Griner has been sentenced to more than 9 years in a Russian prison following her conviction on drug charges.

Her lawyers called the verdict a disappointment and vowed to appeal.

The lawyers of WNBA star Brittney Griner, Maria Blagovolina and Alexander Boykov, said in a written statement following the verdict announcement that the court ignored all the evidence they presented and that they will appeal the decision.

“We are very disappointed by the verdict. As legal professionals, we believe that the court should be fair to everyone regardless of nationality,” Attorneys Maria Blagovolina and Alexander Boykov said in a statement.

“The court completely ignored all the evidence of the defense, and most importantly, the guilty plea. This contradicts the existing legal practice.

“Taking into account the amount of the substance (not to mention the defects of the expertise) and the plea, the verdict is absolutely unreasonable. We will certainly file an appeal,” they added.

Russian officials contended that Griner committed the crime on purpose. They also levied a fine totaling about $16,400 American dollars on the basketball star.

Authorities arrested Griner on Feb. 17 at an airport in Moscow after finding less than a gram of cannabis oil in her luggage.

She has been detained since then.

Recently, American officials revealed that the Biden-Harris administration had offered notorious arms dealer Viktor Bout in exchange for the release of Griner and Paul Whelan.

“Today, American citizen Brittney Griner received a prison sentence that is one more reminder of what the world already knew: Russia is wrongfully detaining Brittney,” President Biden said.

“It’s unacceptable, and I call on Russia to release her immediately so she can be with her wife, loved ones, friends, and teammates. My administration will continue to work tirelessly and pursue every possible avenue to bring Brittney and Paul Whelan home safely as soon as possible.”

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Report: Human Rights Violations in Prisons Throughout Southern United States Cause Disparate and Lasting Harm in Black Communities  

NNPA NEWSWIRE — “The U.S. has long failed to live up to its international human rights treaty obligations on eliminating racial discrimination, perhaps more so in the area of mass incarceration and prison conditions than in any other context,” said Lisa Borden, Senior Policy Counsel, International Advocacy at the Southern Poverty Law Center. 

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NNPA Newswire

NEW YORK – The Southern Prisons Coalition, a group of civil and human rights organizations, submitted a new report to the United Nations Committee on the Elimination of All Forms of Racial Discrimination on the devastating consequences of incarceration on Black people throughout the southern United States.

With the long-term goal of eliminating all forms of racial discrimination in the criminal legal system, including the carceral system, the report describes the widespread, disparate harms resulting from the arrests, harsh prison sentences, and incarceration on Black communities.

The report also cites the devastating impacts of solitary confinement, prison labor, the school to prison pipeline, and incarceration of parents on Black families.

On August 8, 2022, the UN will review the United States’ compliance with the International Convention on the Elimination of All Forms of Racial Discrimination for the first time since 2014.

Among the ongoing stark racial disparities throughout prisons in the southern United States, Black people are five times more likely to be incarcerated in state prisons.

In states like Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Texas, where Black communities comprise 38% of the total population, Black individuals account for as much as 67% of the total incarcerated population.

While incarcerated, Black people are more than eight times more likely to be placed in solitary confinement, and they are 10 times more likely to be held there for exceedingly long periods of time.

By submitting the report to the United Nations, the Southern Prisons Coalition hopes to solicit concrete recommendations from the UN Committee as well as commitments from the United States delegation about their plans to address systemic issues in the United States prison system, particularly in the South.

According to the report, several states in the United States have also failed to meet several of the UN’s Standard Minimum Rules for the treatment of incarcerated people, including:

  • Work should help to prepare incarcerated people for their release from prison, including life and job skills;
  • Safety measures and labor protections for incarcerated workers should be the same as those that cover workers who are not incarcerated;
  • Incarcerated workers should receive equitable pay, be able to send money home to their families, and have a portion of their wages set aside to be given to them upon release.

“The U.S. has long failed to live up to its international human rights treaty obligations on eliminating racial discrimination, perhaps more so in the area of mass incarceration and prison conditions than in any other context,” said Lisa Borden, Senior Policy Counsel, International Advocacy at the Southern Poverty Law Center.

“We hope the Committee will help to shine a light on these very dark truths and prompt the U.S. to take its obligation to make significant improvements more seriously.”

“The abuses of forced labor are inextricably tied to racial discrimination in our nation,” said Jamila Johnson, Deputy Director at the Promise of Justice Initiative.

“In Louisiana, for instance, people are still sent into the fields to labor by hand in dangerously high heat indexes, for little to no compensation, and with brutal enforcement reminiscent of slavery and the era of ‘convict leasing’.”

“This report reveals the suffering of Black people in southern U.S. prisons, whose stories of marginalization and discrimination echo the racial subjugation of slavery and convict leasing during our country’s most shameful past,” said Antonio L. Ingram II, Assistant Counsel at the Legal Defense Fund.

“Despite widespread knowledge of the longstanding racial inequalities in the criminal legal and carceral systems, the United States continues to allow egregious human rights violations to persist for Black incarcerated people in violation of international law. This report serves as a sobering reminder of how far we need to go.”

Read the full report here.

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Celebrate your birthday with 10 free items

NNPA NEWSWIRE — Is your birthday coming up, and you’re not sure how to celebrate? Beat the summer heat by grabbing free ice cream at Cold Stone Creamery, or a daiquiri at WhoDaq Daquiris “The Daiquiri Shoppe.” Not in the mood for sweets? Head over to Jersey Mike’s or McDonald’s. Check out the rest of these Top 10 places giving out free items on your special day.

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By Angelina Liu, Entertainment Editor of The Trendsetter / Texas Metro News

Is your birthday coming up, and you’re not sure how to celebrate? Beat the summer heat by grabbing free ice cream at Cold Stone Creamery, or a daiquiri at WhoDaq Daquiris “The Daiquiri Shoppe.” Not in the mood for sweets? Head over to Jersey Mike’s or McDonald’s. Check out the rest of these Top 10 places giving out free items on your special day.

1. Chocolate Secrets

At Chocolate Secrets, located at 3926 Oak Lawn Ave, Dallas, TX 75219, you can celebrate your birthday by getting one free piece of candy under their candy cases.

2. WhoDaq Daquiris “The Daiquiri Shoppe”

Head to WhoDaq Daquiris “The Daiquiri Shoppe”, located at 684 W Pioneer Pkwy Suite 100, Grand Prairie, Texas 75051, to claim a free small personal daiquiri on your birthday. Quench your thirst with signature flavors such as “Strawberry Shortcake” or “Bahama Mama.”

3. Sephora

Sign up for a free, Beauty Insider account and receive your choice of 250 bonus points, Laura Mercier, Amika or Tatcha sets on your birthday. The choice of powders, lipsticks and skincare is bound to make you look fabulous for your special day.

4. Starbucks

Need a quick pick-me-up on your birthday? Starbucks has it covered! Join the Starbucks Rewards Program seven days prior to your birthday and make one purchase. Starbucks will then email you a coupon for a free food or beverage item two days before your birthday. The birthday reward qualifies for anything on the menu, including any size handcrafted drink or food item.

5. Jersey Mike’s

In the mood for a sub? Head over to Jersey Mike’s and receive a free sub and drink. Make sure to sign up for the Jersey Mike’s Subs Email Club prior to your birthday to receive this reward. Nothing tastes quite like melted cheese and meat in between a toasted baguette, along with an icy cold drink.

6. The Cheesecake Factory

Celebrating with friends? Tell your server it’s your birthday and receive a free treat as well as a song. It may be mildly embarrassing, but hey, it’s free!

7. Culver’s

Need something cold and sweet to beat the Texas heat? Head to Culver’s for a free sundae when you sign up for their rewards program. The sweet creaminess will surely not disappoint.

8. IHOP

Want to indulge in a sweet breakfast before birthday festivities? Join the International Bank of Pancakes rewards program to receive a free stack of pancakes on your birthday. Pair your pancakes with a choice of chocolate chips, syrup, fresh fruit or a dollop of whipped cream.

9. McDonald’s

Need a snack before embarking on your next birthday adventure? Download the McDonald’s app and join MyMcDonald’s Rewards to receive free large fries. Mmm, the taste and smell of fresh, perfectly salted french fries.

10. Smoothie King

Want to celebrate your birthday with a healthier option? Enjoy a birthday smoothie at Smoothie King. Download the Smoothie King app to receive this offer.

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