Business
Court says California regulation on Uber drivers is justified, but labor fight continues
A California law classifying Uber and other ride-hail and delivery drivers as employees rather than independent contractors is constitutional, the U.S. 9th Circuit Court of Appeals ruled Monday.
The effect of the decision on the companies’ operations and the broader gig economy in California wasn’t immediately clear, given ongoing litigation over a subsequent, voter-backed proposition that exempted app-based drivers from the employee classification.
Still, legal experts said the ruling is important, in part because it reaffirms the right of state lawmakers to regulate large industries and corporations without running afoul of the “equal protection” rights of such companies under the U.S. Constitution.
“From a long-term and legal perspective that’s not just about Uber, that’s the important takeaway here,” said Veena Dubal, a UC Irvine law professor who studies the intersection of law, labor and technology.
The decision on the law, known as Assembly Bill 5, could hold weight as other states, including Massachusetts, battle with Uber and similar companies over regulating driver pay and classification, said Ryan Wu, an attorney at Capstone Law.
“This case gives legislators greater certainty that AB5-type legislation will survive constitutional challenges,” Wu said. “It puts them on firmer ground.”
The decision by an 11-judge 9th Circuit panel undoes one made last year by a three-judge panel of the same court. The smaller panel found that lawmakers had acted with animus toward Uber, Postmates and other ride-hail and delivery services by crafting a law that targeted them specifically and not other app-based companies.
In Monday’s opinion, Judge Jacqueline H. Nguyen wrote that this was not the case and that lawmakers had legitimate reasons for passing the 2019 law.
“There are plausible reasons for treating transportation and delivery referral companies differently from other types of referral companies, particularly when the legislature perceived transportation and delivery companies as the most significant perpetrators of the problem it sought to address — worker misclassification,” Nguyen wrote.
Attorneys for the companies said they were considering their legal options, including whether to appeal the decision to the U.S. Supreme Court.
But they downplayed the impact of the ruling on their operations in the state, given the passage in 2020 of Proposition 22, which allowed for their drivers to be classified as contractors.
Theane Evangelis, an attorney for the companies, said AB5 had “threatened to take away the flexible work opportunities of hundreds of thousands of Californians,” but voters had “rejected” such regulations with the proposition.
Noah Edwardsen, an Uber spokesperson, said Monday’s decision “does not change the status of the law in California in any way.”
Labor leaders took a different stance. Lorena Gonzalez, principal officer of the California Labor Federation and a former legislator who authored AB5, called Monday’s decision “a victory for all workers in the state, but especially the chronically misclassified workers in ride-share and delivery jobs.”
Gonzalez said the smaller panel’s decision last year “really put at risk all labor law,” and Monday’s ruling set that straight. She said AB5 continues to ensure that California workers are protected, not just at ride-hail companies but in many labor sectors.
Gonzalez also noted that the fate of Proposition 22 is unsettled, and it could be overturned by the California Supreme Court, which is weighing its legitimacy.
The offices of Gov. Gavin Newsom and Atty. Gen. Rob Bonta did not immediately respond to requests for comment Monday.
The ruling is the latest in a tangle of court decisions over who may be treated as an independent contractor and who is an employee.
AB5 has spurred numerous legal challenges from freelance workers and trucking companies that so far have been unsuccessful.
Proposition 22, a ballot measure passed by nearly 60% of state voters in 2020, exempts app-based transportation services such as Uber from AB5. Ride-hail companies poured huge amounts of money into campaigns backing the proposition.
Regardless of what happens with Proposition 22, Nguyen noted, the federal decision is relevant because the measure was not retroactive, and there are pending state claims against Uber and Postmates for violating AB5 prior to 2020 — including by misclassifying drivers.
A federal judge in California last year ruled that Grubhub misclassified a former delivery driver, Raef Lawson, as an independent contractor and therefore improperly denied him minimum-wage pay.
Business
How We Cover the White House Correspondents’ Dinner
Times Insider explains who we are and what we do, and delivers behind-the-scenes insights into how our journalism comes together.
Politicians in Washington and the reporters who cover them have an often adversarial relationship.
But on the last Saturday in April, they gather for an irreverent celebration of press freedom and the First Amendment at the Washington Hilton Hotel: The White House Correspondents’ Association dinner.
Hosted by the association, an organization that helps ensure access for media outlets covering the presidency, the dinner attracts Hollywood stars; politicians from both parties; and representatives of more than 100 networks, newspapers, magazines and wire services.
While The Times will have two reporters in the ballroom covering the event, the company no longer buys seats at the party, said Richard W. Stevenson, the Washington bureau chief. The decision goes back almost two decades; the last dinner The Times attended as an organization was in 2007.
“We made a judgment back then that the event had become too celebrity-focused and was undercutting our need to demonstrate to readers that we always seek to maintain a proper distance from the people we cover, many of whom attend as guests,” he said.
It’s a decision, he added, that “we have stuck by through both Republican and Democratic administrations, although we support the work of the White House Correspondents’ Association.”
Susan Wessling, The Times’s Standards editor, said the policy is a product of the organization’s desire to maintain editorial independence.
“We don’t want to leave readers with any questions about our independence and credibility by seeming to be overly friendly with people whose words and actions we need to report on,” she said.
The celebrity mentalist Oz Pearlman is headlining the evening, in lieu of the usual comedy set by the likes of Stephen Colbert and Hasan Minhaj, but all eyes will be on President Trump, who will make his first appearance at the dinner as president.
Mr. Trump has boycotted the event since 2011, when he was the butt of punchlines delivered by President Barack Obama and the talk show host Seth Meyers mocking his hair, his reality TV show and his preoccupation with the “birther” movement.
Last month, though, Mr. Trump, who has a contentious relationship with the media, announced his intention to attend this year’s dinner, where he will speak to a room full of the same reporters he often derides as “enemies of the people.”
Times reporters will be there to document the highs, the lows and the reactions in the room. A reporter for the Styles desk has also been assigned to cover the robust roster of after-parties around Washington.
Some off-duty reporters from The Times will also be present at this late-night circuit, though everyone remains cognizant of their roles, said Patrick Healy, The Times’s assistant managing editor for Standards and Trust.
“If they’re reporting, there’s a notebook or recorder out as usual,” he said. “If they’re not, they’re pros who know they’re always identifiable as Times journalists.”
For most of The Times’s reporters and editors, though, the evening will be experienced from home.
“The rest of us will be able to follow the coverage,” Mr. Stevenson said, “without having to don our tuxes or gowns.”
Business
MrBeast company sued over claims of sexual harassment, firing a new mom
A former female staffer who worked for Beast Industries, the media venture behind the popular YouTube channel MrBeast, is suing the company, alleging she was sexually harassed and fired shortly after she returned from maternity leave.
The employee, Lorrayne Mavromatis, a Brazilian-born social media professional, alleges in a lawsuit she was subjected to sexual harassment by the company’s management and demoted after she complained about her treatment. She said she was urged to join a conference call while in labor and expected to work during her maternity leave in violation of the Family and Medical Leave Act, according to the federal complaint filed Wednesday in the U.S. District Court for the Eastern District of North Carolina.
“This clout-chasing complaint is built on deliberate misrepresentations and categorically false statements, and we have the receipts to prove it. There is extensive evidence — including Slack and WhatsApp messages, company documents, and witness testimony — that unequivocally refutes her claims. We will not submit to opportunistic lawyers looking to manufacture a payday from us,” Gaude Paez, a Beast Industries spokesperson, said in a statement.
Jimmy Donaldson, 27, began MrBeast as a teen gaming channel that soon exploded into a media company worth an estimated $5 billion, with 500 employees and 450 million subscribers who watch its games, stunts and giveaways.
Mavromatis, who was hired in 2022 as its head of Instagram, described a pervasive climate of discrimination and harassment, according to the lawsuit.
In her complaint, she alleges the company’s former CEO James Warren made her meet him at his home for one-on-one meetings while he commented on her looks and dismissed her complaints about a male client’s unwanted advances, telling her “she should be honored that the client was hitting on her.”
When Mavromatis asked Warren why MrBeast, Donaldson, would not work with her, she was told that “she is a beautiful woman and her appearance had a certain sexual effect on Jimmy,” and, “Let’s just say that when you’re around and he goes to the restroom, he’s not actually using the restroom.”
Paez refuted the claim.
“That’s ridiculous. This is an allegation fabricated for the sole purpose of sparking headlines,” Paez said.
Mavromatis said she endured a slate of other indignities such as being told by Donaldson that she “would only participate in her video shoot if she brought him a beer.”
“In this male-centric workplace, Plaintiff, one of the few women in a high-level role, was excluded from otherwise all-male meetings, demeaned in front of colleagues, harassed, and suffered from males be given preferential treatment in employment decisions,” states the complaint.
When Mavromatis raised a question during a staff meeting with her team, she said a male colleague told her to “shut up” or “stop talking.”
At MrBeast headquarters in Greenville, N.C., she said male executives mocked female contestants participating in BeastGames, “who complained they did not have access to feminine hygiene products and clean underwear while participating in the show.”
In November 2023, Mavromatis formally complained about “the sexually inappropriate encounters and harassment, and demeaning and hostile work environment she and other female employees had been living and experiencing working at MrBeast,” to the company’s then head of human resources, Sue Parisher, who is also Donaldson’s mother, according to the suit.
In her complaint, Mavromatis said Beast Industries did not have a method or process for employees to report such issues either anonymously or to a third party, rather employees were expected to follow the company’s handbook, “How to Succeed In MrBeast Production.”
In it, employees were instructed that, “It’s okay for the boys to be childish,” “if talent wants to draw a dick on the white board in the video or do something stupid, let them” and “No does not mean no,” according to the complaint.
Mavromatis alleges that she was demoted and then fired.
Paez said that Mavromatis’s role was eliminated as part of a reorganization of an underperforming group within Beast Industries and that she was made aware of this.
Business
Heidi O’Neill, Formerly of Nike, Will Be New Lululemon’s New CEO
Lululemon, the yoga pants and athletic clothing company, has hired a former executive from a rival, Nike, as its new chief executive.
Heidi O’Neill, who spent more than 25 years at Nike, will take the reins and join Lululemon’s board of directors on Sept. 8, the company announced on Wednesday.
The leadership change is happening during a tumultuous time for Lululemon, which had grown to $11 billion in revenue by persuading shoppers to ditch their jeans and slacks for stretchy leggings. But lately, sales have declined in North America amid intense competition and shifting fashion trends, with consumers favoring looser styles rather than the form-fitting silhouettes for which Lululemon is best known.
“As I step into the C.E.O. role in September, my job will be to build on that foundation — to accelerate product breakthroughs, deepen the brand’s cultural relevance, and unlock growth in markets around the world,” Ms. O’Neill, 61, said in a statement.
Lululemon, based in Vancouver, British Columbia, has also been entangled in a corporate power struggle over the company’s future. Its billionaire founder, Chip Wilson, has feuded with the board, nominated independent directors and criticized executives.
Lululemon’s previous chief executive, Calvin McDonald, stepped down at the end of January as pressure mounted from Mr. Wilson and some investors. One activist investor, Elliott Investment Management, had pushed its own chief executive candidate, who was not selected.
The interim co-chiefs, Meghan Frank and André Maestrini, will lead the company until Ms. O’Neill’s arrival, when they are expected to return to other senior roles. The pair had outlined a plan to revive sales at Lululemon, promising to invest in stores, save more money and speed up product development.
“We start the year with a real plan, with real strategies,” Mr. Maestrini said in an interview this year. “We make sure decisions are made fast.”
Lululemon said last month that it would add Chip Bergh, the former chief executive of Levi Strauss, to its board to replace David Mussafer, the chairman of the private equity firm Advent International, whom Mr. Wilson had sought to remove.
Ms. O’Neill climbed the organizational chart at Nike for decades, working across divisions including consumer sports, product innovation and brand marketing, and was most recently its president of consumer, product and brand. She left Nike last year amid a shake-up of senior management that led to the elimination of her role.
Analysts said Ms. O’Neill would be expected to find ways to energize Lululemon’s business and reset the company’s culture in order to improve performance.
“O’Neill is her own person who will come with an agenda of change,” said Neil Saunders, the managing director of GlobalData, a data analytics and consulting company. “The task ahead is a significant one, but it can be undertaken from a position of relative stability.”
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