At least two of 17 lawsuits targeting Lyft by riders and drivers who say they were physically or sexually assaulted targets the company's classification of drivers as independent contractors.
Lyft Inc. driver Erika Garcia-Galicia voted against a 2020 California ballot initiative that would exempt Lyft and other “gig work” companies from having to treat their drivers as employees instead of independent contractors.
Her lawsuit may hinge on the fate of Prop. 22, which was ruled unconstitutional by a California court after voters passed it. The lawsuit contends that Lyft’s classification of drivers as contractors was a factor in the company’s failure to protect Garcia-Galicia, who drove for the ride-hailing platform for about four years, working on it full-time for at least half that time.
“Importantly, the case references the denial of workers’ compensation — which is the issue at stake in the current lawsuit against Proposition 22,” Jacobs said. The judge who struck down Prop. 22 did so because he said it limits the power of future state legislatures to define workers as subject to workers’ comp laws.
Collins said she had lost her job at a Napa Valley hotel and resort, and had barely gotten started driving for Lyft to try to make money, when it happened. She said she was on the highway and unaware that she could have pulled over when the passenger attacked her. She was unable to reach for her phone because the passenger was “pressing his full body weight against her seat and pinning her to her seat as she drove” until she dropped him off at his destination, according to her lawsuit.
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