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Truckers Are Exempt from California’s ‘Gig Worker’ Law, Judge Finds

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California’s new “gig worker” law does not apply to independent truck drivers because they are subject to federal statute, a Los Angeles judge ruled, handing a victory to one industry that is challenging a state effort to clamp down on labor abuses.

The law, known as AB5 and which took effect on Jan. 1, makes it tougher for companies to classify workers as contractors rather than employees, a classification that exempts them from paying for overtime, healthcare and workers’ compensation.

Truckers have mounted the strongest defense against AB5, which is best known for striking at the heart of high-profile “gig economy” businesses like Uber Technologies and Postmates Inc., which depend on freelance workers to provide low-cost transportation and deliveries.

In a decision on Wednesday, Los Angeles Superior Court judge William Highberger said AB5 “prohibits motor carriers from using independent contractors to provide transportation services” and therefore is preempted by the Federal Aviation and Administration Authorization Act of 1994.

Highberger ruled in favor of NFI Industries’ Cal Cartage Transportation Express and other trucking companies that were sued by Los Angeles City Attorney Mike Feuer for allegedly misclassifying truck drivers as independent contractors rather than employees.

Feuer said his office would appeal.

“As the Court itself stated, ‘… there are substantial grounds for difference of opinion,’” Feuer said in a statement emailed to Reuters.

Highberger’s decision came eight days after the California Trucking Association won a temporary restraining order in a separate challenge to AB5. Another hearing in that federal case is scheduled for Jan. 13.

California is home to 450,000 contract workers. Roughly 70,000 of them are independent big-rig owner-operators who transport everything from ocean cargo containers to strawberries.

“California cannot simply eliminate that business model and force truck drivers to be employees,” said Gibson Dunn partner Joshua Lipshutz, who represented NFI.

Uber and Postmates on Wednesday asked a federal judge to issue a temporary injunction. They argue that AB5 is unconstitutional because it singles out their workers in violation of equal protection guaranteed under the constitutions of the United States and California.

(Reporting by Lisa Baertlein in Los Angeles Editing by Leslie Adler)

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Iberdrola and GIG in 3.3GW offshore wind push in Japan

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Iberdrola has acquired local developer Acacia Renewables and entered into a joint venture with Macquarie’s Green Investment Group (GIG) to develop its 3.3GW offshore wind portfolio.

Prior to the acquisition, Acacia was Macquarie Capital’s Japanese renewable energy platform, according to its website.

Acacia’s portfolio includes two projects with a combined capacity of 1.2GW at a more advanced stage, and a further four with a combined capacity of 2.1GW.

Spanish energy giant Iberdrola and the GIG aim to enter the first 1.2GW batch of wind farms – located off the south-west coast of Japan – in upcoming auctions announced by the Japanese government.

These first two projects could be commissioned by 2028, Iberdrola claimed.

The company said it has set its sights on Japan as a “new growth platform” in renewables, and offshore wind in particularly.

Iberdrola has stakes in operational offshore wind farms worldwide with a combined capacity of just over 1GW, while GIG has backed operational offshore wind projects with a combined capacity of just under 1.3GW, according to Windpower Intelligence, the research and data division of Windpower Monthly

The two companies will both take charge of developing Acacia’s projects.

Acacia had issued public notices of Environmental Impact Assessments for the six sites. These are wind farms called Satsuma, Nanao Shika, Fukui Konpira, Shiroishi Kosugo, Fukui Konpira and Tono.

There is currently just over 40MW of operational wind power capacity installed in Japanese waters, according to Windpower Intelligence.

However, a growing number of developers are targeting the nascent market ahead of offshore wind tenders, which are expected to be opened shortly.

Last week, Equinor, Jera and J-Power joined a long list of partnerships targeting the Japanese offshore wind market, despite the nation’s apparent slow uptake of the technology.

In 2019, the Japan Wind Power Association said that the lengthy process for environmental impact assessment was having an impact on the development of offshore wind.

One of the main obstacles for wind developers in Japan comes from opposition from local fishing communities.

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In Season Of Strikes For Gig Workers, Now Swiggy Delivery Execs In Noida Rebel

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After strikes in Chennai and Hyderabad in the last 30 days, Swiggy’s delivery executives in Noida have gone on strike to protest against low wages

The delivery workers are demanding a minimum payout of INR 35 per order and restoration of monthly incentives, among other demands

Similar demands were also raised by Swiggy’s delivery partners in Hyderabad, who went on an indefinite strike last week

With similar demands as their counterparts in Chennai and Hyderabad, delivery executives with Indian foodtech unicorn Swiggy in Noida, on Thursday (September 17), went on a strike to protest against low wages. 

The strike comes just days after Swiggy’s delivery partners went on an indefinite strike in Hyderabad to protest against the low wages and to press their demands. 

In Noida, the protesting delivery workers are demanding a minimum payout per order of INR 35, a minimum payout of INR 20 per batched order (when the driver has to make more than one delivery in a single trip), and a payout at the rate of INR 10 per km after the worker has travelled more than 5 km for making a delivery, among other things.

The delivery partners in Noida, affiliated with the All India Gig Workers Union (AIGWU), have also demanded the reinstatement of monthly incentives of up to INR 3,000 for full-time work and INR 2,000 for part-time work. 

Further, the delivery partners are also demanding extra wages for deliveries made while it rains, or in nights, as also, compensation for waiting time at restaurants, while the order is being prepared. 

“Swiggy delivery workers are taking extraordinary risks by delivering food and essentials to people during this pandemic. The company cannot reward us by cutting our payouts and incentives. Our demands should be met at the earliest,” reads the letter stating the demands of AIGWU for Swiggy’s delivery workers, addressed to Swiggy’s CEO Sriharsha Majety. 

The demands of the delivery workers in Noida are similar to the demands of the workers in Hyderabad, who, earlier this week, launched an indefinite strike to protest against Swiggy paying low wages to the delivery workers. 

The workers in Hyderabad have alleged that during the lockdown, their minimum payout per order reduced from INR 35 to INR 15, while the company also removed monthly incentives to the tune of INR 5,000. 

When asked about the protest of delivery workers in Hyderabad earlier this week, a Swiggy spokesperson told Inc42, “Most delivery partners in Hyderabad make over INR 45 per order, with the highest performing partners making over INR 75 per order. This INR 15 is only one of the many components of the service fee.”

“Naturally, no active delivery partners in Hyderabad have made only INR 15 per order in the last four weeks. It is important to note that the service fee per order is based on multiple factors to adequately compensate our partners including distance travelled, waiting time, customer experience, shift completion and incentives. Regular competitive benchmarking shows that these are at par, if not higher than the industry standards,” Spokesperson added.

In what has been a season of strikes for gig workers, last month, Swiggy’s delivery executives in Chennai had gone on strike to press for their demands. A few days after the strike in Chennai, Swiggy told NDTV that the company had had a positive dialogue with the protesting delivery partners and was back to serving the entire city of Chennai with its fleet of workers.

Meanwhile, the Indian government’s new draft social security code is said to have recognised gig workers, and will mandate gig economy companies to contribute to a social security fund for gig and platform workers, reported Business Standard. Approved by the Union Cabinet last week, the code, which will have several other benefits outlined for gig workers, will come up in the Parliament’s ongoing monsoon session.



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Gig work is risky for apps, too – Hartford Courant

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