Sponsored message
Logged in as
Audience-funded nonprofit news
radio tower icon laist logo
Next Up:
0:00
0:00
Subscribe
  • Listen Now Playing Listen

The Brief

The most important stories for you to know today
  • CA Supreme Court case could upend industry
    PROP 22 APPEAL CA
    A traveler walks toward the Uber rideshare vehicle pickup area at Los Angeles International Airport on Feb. 8, 2023.

    Topline:

    The California Supreme Court will hear oral arguments next Tuesday in a case that could change the fate of more than 1 million gig workers in the state — and perhaps the way we hail rides, order takeout or get groceries delivered.

    The background: Four years ago, voters approved Proposition 22, a ballot measure sponsored by Uber, Lyft, DoorDash and Instacart that allowed the companies to continue to treat their ride-hailing drivers and delivery workers as independent contractors. Prop. 22 was the industry’s response to Assembly Bill 5, a state law that codified a state Supreme Court decision that would have required the companies to classify those workers as employees.

    For context: Treating gig workers as independent contractors is central to the business model of the California-based companies, the middlemen that gave rise to the on-demand, app-based gig economy that has permeated our culture. The companies are fighting to hang on to that model, saying it helps them provide gig workers with flexible schedules. Critics say it lets the companies avoid paying employment taxes and shift financial responsibility to their workers and customers, plus governments.

    What's at stake: Fifty-eight percent of voters passed Prop. 22 after gig companies spent more than $200 million on the campaign. After it became law, app-based platform workers became eligible for some benefits, such as guaranteed weekly earnings of 120% of minimum wage, health care stipends, and occupational-accident and accidental-death insurance.

    Read on... for more on how the case got here.

    The California Supreme Court will hear oral arguments next Tuesday in a case that could change the fate of more than 1 million gig workers in the state — and perhaps the way we hail rides, order takeout or get groceries delivered.

    Four years ago, voters approved Proposition 22, a ballot measure sponsored by Uber, Lyft, DoorDash and Instacart that allowed the companies to continue to treat their ride-hailing drivers and delivery workers as independent contractors. Prop. 22 was the industry’s response to Assembly Bill 5, a state law that codified a state Supreme Court decision that would have required the companies to classify those workers as employees.

    Treating gig workers as independent contractors is central to the business model of the California-based companies, the middlemen that gave rise to the on-demand, app-based gig economy that has permeated our culture. The companies are fighting to hang on to that model, saying it helps them provide gig workers with flexible schedules. Critics say it lets the companies avoid paying employment taxes and shift financial responsibility to their workers and customers, plus governments.

    In 2021, a Superior Court judge invalidated Prop. 22, saying it limits the Legislature’s constitutional power to create and enforce a complete workers’ compensation system because it declares gig workers independent contractors ineligible for the benefit. While the state Supreme Court will be considering this narrow issue, because of a clause in the initiative, it’s possible the whole law will be thrown out because of it.

    The gig companies appealed the judge’s decision, and a state appeals court ruled 2 to 1 in their favor last year. SEIU California then appealed that decision, and the state’s highest court agreed to hear the case.

    Fifty-eight percent of voters passed Prop. 22 after gig companies spent more than $200 million on the campaign. After it became law, app-based platform workers became eligible for some benefits, such as guaranteed weekly earnings of 120% of minimum wage, health care stipends, and occupational-accident and accidental-death insurance.

    Although industry-backed polls show many gig workers voted for Prop. 22 and have benefited from some of its provisions, gig workers continue to complain about their pay and working conditions.

    In April, drivers protested, as they have many times, at Uber and Lyft headquarters in San Francisco. They said they were there because of low wages, safety concerns and “deactivations” — getting kicked off the apps and losing their ability to work, sometimes suddenly and without knowing why.

    “It’s hard for drivers to make ends meet,” said Cesar Palancares, a field organizer for Bay Area-based worker-advocacy groups Gig Workers Rising and Working Partnerships USA, and a leader of the protests. Nowadays, he said “drivers often have to work 12 hours to earn what they used to earn working six or seven hours.”

    Palancares said pay is still low because workers’ eligibility for the earnings guarantee is based on the time they agree to take on a gig and the time they spend on that ride or delivery, but not on the time they spend waiting for a gig.

    Los Angeles-based Rideshare Drivers United is so concerned about gig-worker pay that it plans to push for pay standards, like those in New York City and Seattle, even if Prop. 22 is overturned.

    “We want to build pay regulation on top of labor rights, specifically catering to how we work in this industry,” said Nicole Moore, president of Rideshare Drivers United, which plans to advocate for legislation or ordinances that would establish a rate card with a minimum rate based on miles and minutes driven.

    “What we’ve learned from NYC is you can set a rate card, and you can have data from the companies that ensures that pay is high enough so your expenses are being covered,” Moore said.

    The gig industry’s current estimates for average worker earnings differ widely from labor groups’ estimates: A DoorDash spokesperson said delivery workers’ average earnings were $36 an hour last year; an Uber spokesperson said its drivers’ average earnings were $33 “per utilized hour” as of the fourth quarter of last year. Industry-wide, Molly Weedn, a spokesperson for Protect App-Based Drivers + Services, said that in 2022, California drivers earned an average of $34.46 per “active hour,” including tips, an increase of 26% compared with pre-Prop. 22 times.

    But labor groups and academics have long disputed those figures, including in the legal briefs they submitted ahead of the Supreme Court hearing, because companies do not count the time gig workers wait for an actual ride or delivery. They also say the industry figures don’t factor in workers’ costs for fuel, maintaining their vehicles, health care costs — not all gig workers are eligible for the stipends — and more. A study by National Equity Atlas and others, done in 2021 after Prop. 22 took effect, found that the workers’ average earnings were as little as $6.20 an hour.

    Oral arguments’ focus

    The SEIU and the four gig-worker plaintiffs will argue that the state constitution grants the Legislature “unlimited power to enforce a complete workers’ compensation system.” The Legislature already spoke when it passed AB 5, they say. So they contend that “the Legislature’s exercise of that power can be withdrawn only by a constitutional amendment.”

    The interveners and appellants — the gig companies and the state, which is required to defend the law — will argue that the Legislature’s “plenary,” or absolute, power over workers’ comp is not exclusive. And they will say no subject is beyond the scope of the initiative process.

    “The legal issue is actually pretty straightforward,” said Kurt Oneto, a lawyer for the gig companies. Oneto said a constitutional amendment adopted by California voters in 1918 that gave the Legislature power over workers’ comp “unlimited by any provision” in the constitution was “only enacted to prevent courts from invalidating workers’ comp” — not to limit voters’ power over it.

    This decision could set a national precedent in the nagging issue of worker classification. So despite the narrow focus of what the Supreme Court is set to consider, a wide array of legal briefs in the case rehash the pros and cons of the gig economy.

    Prop. 22 proponents’ arguments

    Those urging the court to uphold Prop. 22 stress that the Legislature doesn’t have exclusive reign over workers’ comp. They say the people — through the ballot initiative — have just as much say. They also say the gig economy helps marginalized workers and communities.

    • Former state Sens. Robert Timothy Leslie and Stephen James Peace: Based on their experience as lawmakers, they say “the state Legislature is far from powerless when it comes to amending an initiative” and that lawmakers can amend Prop. 22 if they want.
    • David A. Carrillo and Stephen M. Duvernay (California constitution scholars): “Excluding workers’ compensation (or any subject) would partly invalidate the electorate’s lawmaking power by creating a new subject matter exemption from the initiative.”
    • Crum & Forster, a holding company of various insurance underwriting companies: Occupational accident insurance, which is based on individual use, is cheaper to provide than full workers’ comp, which is charged per employee and based on a formula. The former makes more sense for gig workers because many of them work part time. “Because the risks confronted by app-based drivers are few and easily defined, premiums need not reflect potential exposure to the myriad risks confronted by employees working in offices, factories, warehouses, agriculture, and other occupations.”  
    • Independent Drivers Alliance of California: This group of 400 gig workers said the benefits under Prop. 22 are “something that many of them have come to expect and even need.” 
    • Citizens in Charge and The Initiative and Referendum Institute at the University of Southern California: “Large corporations are not the only type of special interest that can forestall the will of the People.” They say the SEIU is a special interest that influenced the Legislature to pass AB 5.
    • California Asian Pacific Chamber of Commerce, California Hispanic Chambers of Commerce, NAACP California Hawaii State Conference, National Action Network Los Angeles, National Action Network Sacramento Chapter Inc., and National Diversity Coalition: The independent contractor model provides not just marginalized workers with earning opportunities, it also helps “the provision of transportation, food, and delivery services to communities of color that have been historically underserved.” If Prop. 22 is overturned, they say gig companies will reduce the number of gig workers on their platforms and there will be fewer earning opportunities for “communities of color,” which according to a Pew survey are “more likely to have earned money in the gig economy than White counterparts.” 

    Prop. 22 opponents’ arguments

    Those asking the court to declare the law unconstitutional warn of a slippery slope. They say allowing corporations to carve out their own labor laws could lead to a continued gig-ification of work in other industries, which will affect not just the workers who will largely be without a safety net, but also the government and the rest of society.

    • State Sen. Dave Cortese and Assemblymember Liz Ortega: The “minimal insurance benefits” offered by Prop. 22 — occupational accident insurance and accidental death insurance — are not a complete workers’ comp system, and “the wholesale removal of app-based drivers from the system established by the Legislature over the past century runs contrary” to the power the state constitution gives lawmakers to enforce a complete workers’ comp system.
    • California Applicants’ Attorneys Association: The group also said the occupational accident insurance offered under Prop. 22 is limited compared to what workers’ comp offers: medical treatment; temporary or permanent payments depending on the injury; and supplemental job retraining benefits. “The likely result is more injured app-based drivers will seek benefits through public systems” like state or federal disability systems.
    • City and County of San Francisco, the City of Oakland, the City of San Diego, and the County of Santa Clara: “The wholesale elimination of worker protection laws (including minimum wage protections for all hours worked, overtime, and expense reimbursement laws) can mean the difference between needing to visit a food pantry or not.” The municipalities say they administer such programs, and therefore taxpayers end up subsidizing “what the law asks employers to contribute through wages and benefits.”
    • Law professors Sameer Ashar, Veena Dubal, Catherine Fisk, Charlotte Garden, Joseph Grodin, William B. Gould IV, Stephen Lee, Leticia Saucedo, Reuel Schiller, Katherine Stone, and Noah D. Zatz: This group writes that the law lacks a “provision for an administrative body or system to adjudicate claims or disputes. Instead, as is well-known, they are consigned to asserting their claims in the companies’ secret arbitration system.”
    • National Employment Law Project, California Labor Federation, Rideshare Drivers United, Gig Workers Rising, Asian Americans Advancing Justice – Asian Law Caucus, Asian Americans Advancing Justice Southern California, PowerSwitch Action, Worksafe, Action Center on Race & the Economy, the Economic Policy Institute, Bet Tzedek, and the California Immigrant Policy Center: Gig workers have few legal protections against opaque, “powerful, algorithmically-driven pay systems, and ‘the possibility remains,’ in the words of one scholar, that on-demand companies… (are offering) vulnerable workers lower wages based on their willingness to accept work at lower prices.” They cite a recent Uber earnings call during which its CEO said the company is “offering the right trip at the right price to the right driver.” Along the same lines, the fact that gig workers are from marginalized groups and communities is unsurprising, they say: “It is no accident that Prop. 22 reinforces and legalizes a second-tier workforce (composed) disproportionately of people of color.” They also cite federal data that shows app-based driving is “one of the most dangerous jobs in America” that includes risks of violence, harassment, injuries and even death on the job.
    • Teamsters Locals 396, 542 And 848 and Los Angeles County Federation of Labor, AFL-CIO: “Already, a growing number of secure jobs across the state are being replaced by app-based drivers — including jobs where Amici Curiae have fought for decades to ensure a living wage and strong benefits.” Those include delivery drivers formerly employed by Albertsons.

  • May be behind this weekend's vibrant sunset
    Yesterday's sunset in Los Angeles, California. The sky is red and pink in the background and gets gradually whiter in the foreground. There are trees on either side and cars driving on a road.
    Yesterday's sunset in Los Angeles.

    Topline:

    A vibrant sunset framed by clouds was visible across Los Angeles yesterday. Atmospheric conditions might have something to do with it.

    The backstory: The high clouds yesterday were likely related to Hurricane Odalys, which was downgraded to a tropical storm Sunday. “We were getting some high-based tropical moisture coming in far away from the center of the storm,” Robbie Munroe, meteorologist with the National Weather Service, said.

    What's next: High clouds are expected to stick around through at least today, according to the National Weather Service, which could make for another picturesque sunset.

    Angelenos looking up Saturday may have noticed a particularly striking sight — a vibrant sunset framed by clouds.

    Tropical moisture coming in from far off the coast could explain it.

    “One thing that might have played a role in making it look awfully nice yesterday was those high clouds that were moving in,” Robert Munroe, meteorologist with the National Weather Service, said. “The way the sun was hitting the high clouds made some bright yellows and oranges in the sky. That moisture is actually related to probably mostly Odalys.”

    An early sunset is seen in the background during the "Be The Light" 5K event in Valencia last night. Five people gather a photo. Four wear red shirts, one wears a yellow shirt.
    An early sunset at yesterday's "Be The Light" 5K event in Valencia last night.
    (
    Jenn Baughman
    /
    Jenn Baughman
    )

    Odalys is the hurricane (since downgraded to a tropical storm) churning off the coast of Mexico, along with Hurricane Polo.

    Neither is expected to make landfall here, but they're forecast to bring high surf, dangerous rip tides and potential flooding to coastlines already battered this month by Hurricane Marie.

    The bright side is Munroe said those high clouds from yesterday will be sticking around through at least today, which could make for another pretty sunset this evening.

  • Sponsored message
  • We have the details on the shaking you just felt
    Concentric shaking-intensity rings radiate from an earthquake epicenter marked with a star off the coast near Redondo Beach, spanning the Los Angeles area.
    The star marks the epicenter of a small quake Sunday morning off shore in the South Bay.

    Topline:

    An earthquake with a magnitude of 3.6 struck near Hermosa Beach, and it was reported as being felt as far off as Oxnard.

    Keep reading ... for more on what we know for now.

    An earthquake with a magnitude of 3.6 struck off the South Bay at about 8:40 a.m. and was reported as being felt as far as Oxnard.

    The U.S. Geological Survey says it was centered about four miles west-southwest of Hermosa Beach. More than 1,500 people reported feeling it within the first hour after it struck. [You can report what you felt to the USGS.]

    No significant damage has been reported, which is typical at this low of a magnitude.

    The quake was below the threshold of 4.0 magnitude that triggers an alert on the ShakeAlert app.

    We have earthquake resources

    We don't want to scare you, but the Big One is coming. We don't know when, but we know it'll be at least 44 times stronger than Northridge and 11 times stronger than the Ridgecrest quakes in 2019. To help you get prepared, we've compiled a handy reading list:

    Listen to our podcast

    Listen 31:11
    Listen: The Big One
    Experience what the first hours after a massive earthquake could be like and get motivated to get ready.

  • Spinning records live across the Inland Empire
    Four men pose at a table around a sign that says "Compás Discoteca". The one on the far left wears a white "LA" Dodgers hat. The one to the right of him wears a brown shirt. The one to the right of him wears a hat, blue jacket, and white shirt. The one one on the far right wears a blue hat and a "Carhartt" jacket.
    Members of Compás Discoteca (L to R): Adrian Silva, Albert Piña, Ricardo Carlos, and Elias Ruiz.

    Topline:

    Compás Discoteca, a four-person DJ collective, fosters community and connections with eclectic live vinyl mixing at restaurants in and near the Inland Empire.

    The backstory: Ricardo Carlos, Elias Ruiz, Albert Piña and Adrian Silva have been friends for about two decades. They all DJ as a hobby and often share music. The crew decided to form the collective after seeing what they thought of as a "sign" in 2024.

    On a Sunday night at the Mexican restaurant La Popular in Claremont, diners are eating to a soundtrack that starts with cumbia and jumps to J Balvin and Bad Bunny before landing on Luther Vandross.

    That’s the aim of DJ collective Compás Discoteca — to bring connection and community through live vinyl mixing at La Popular and El Balcon in Ontario.

    How Compás Discoteca was born 

    Ricardo Carlos, Elias Ruiz, Albert Piña and Adrian Silva have been friends for about two decades. They all DJ as a hobby and often share music. On a night out in 2024, they saw a sign: a parking space for a “compact car,” minus two letters.

    “The C and T are missing — compá. Like, ‘We're compás,’” Carlos said, recounting that night.

    A yellow turntable mat says "Compás Discoteca". It is illuminated by a blue light on the left side.
    A "Compás Discoteca" turntable mat.
    (
    Dañiel Martinez
    /
    LAist
    )

    Their DJ collective, Compás Discoteca, was born. “Compás” means “buddies” in Spanish and “Discoteca” means “nightclub."

    Seasoning the scene

    When Compás Discoteca first formed, the members said Southern California’s vinyl-listening scene was more focused on track selection, letting songs play out in full. The collective wanted to bring more life to the experience by mixing music live.

    “It just seemed a little stale,” Silva said. “I feel like we helped to bring some seasoning to that.”

    They also wanted to play genres people wouldn’t normally hear together.

    “You might hear us jump from funk to cumbia to hip-hop to disco, soul to house. We're just trying to take people on a journey with us,” Silva said.

    Each compá takes their turn at the turntables for two 30-minute sets. And each brings their own sound.

    Three men with hats pose for a picture. The one on the far left wears a white shirt and a blue jacket. The one in the middle wears a white shirt and is throwing a peace sign. The one on the right edge is holding his hands crossed in front of his body.
    Three of the "compás" pose for a picture in between their sets.
    (
    Dañiel Martinez
    /
    LAist
    )

    Silva is the “party-starter.” He gets people dancing.

    Carlos has a Latin bent, taking influence from his Puerto Rican, Salvadoran and Creole roots.

    Ruiz lives for “jaw-drop moments” and brings records he thinks will surprise his fellow DJs.

    Piña spins rare world grooves in the funk and boogie vein.

    “He probably gets the most Shazams from us and from the audience,” Ruiz said of Piña. “But most importantly, you feel like you're hanging out and with some good music.”

    A man stands between two speakers and a turntable. There is a transparent window behind him. The man searches through a box full of vinyl records.
    Albert Piña prepares looks through a box of vinyl records during his DJ set at "La Popular" in Claremont.
    (
    Dañiel Martinez
    /
    LAist
    )

    Feeding off the energy

    Compás Discoteca DJs at El Balcon in Ontario on the first Friday of each month and at La Popular in Claremont on the third Sunday.

    The vibes for Sundays are chill, they said, and Fridays are for letting it all loose.

    “There's like an energy there, like, ‘Oh, man, we made it through the week.’ We try to feed off of that,” Piña said.

    Compás Discoteca vinyl nights

    Compás Discoteca DJs at El Balcon (200 N. Euclid Ave., Unit C, Ontario) on the first Friday of each month and at La Popular (235 N. Yale Ave., Claremont) on the third Sunday.

    • When: Fridays, 7 p.m. to 12 a.m.; Sundays, 5 to 9 p.m.
    • Cost: free to diners
    • Next shows: Friday, Oct. 2, at El Balcon; Sunday, Oct. 18, at La Popular

  • 29 Loaves brings NY-style bagels to the desert
    A stack of high school lockers under an A-frame structure.
    The Bagel Portal, the bagel delivery system of 29 Loaves, in Joshua Tree.

    Topline:

    Joshua Tree has quirk, character and plenty of nature. Since 2024, it also has real New York-style bagels.

    How? These bagels are courtesy of 29 Loaves, a home bakery operated by DIY baker and through-and-through New Yorker Richard Lee.

    Read on… to find out what distinguishes a New York-style bagel from lesser ones, according to Lee, and how he learned to make his.

    Along Highway 62 in Joshua Tree, a stack of high school lockers holds something the High Desert was missing: a real New York-style bagel.

    For that, you have DIY baker Richard Lee to thank.

    “I want a bagel. What do I do?” Lee remembered thinking after moving to Twentynine Palms in 2023 from Los Angeles, where he had lived for more than a decade.

    A dirt parking lot off a highway. In the parking lot is a stack of lockers under an A-frame structure.
    The Bagel Portal off Highway 62 in Joshua Tree.
    (
    Richard Lee
    /
    Courtesy 29 Loaves
    )

    It wasn’t just any bagel the born-and-raised New Yorker was craving, but the kind from back home that gives “a little crunch” when you bite into its crust — with a “chewy, softer” inside and a taste Lee calls “ineffable.”

    “Like maybe a sourdough or an Italian bread,” he said.

    Taught by YouTube, tested by family in New York

    A kitchen inside a garage with trays and tables and flour mixers.
    Richard Lee converted his garage in 29 Palms to make bagels.
    (
    Courtesy 29 Loaves
    )

    A tinkerer by nature, Lee launched 29 Loaves in early 2024, bringing bagels he handcrafts in his licensed home operation to Twentynine Palms, Joshua Tree and surrounding communities.

    “I went to the culinary school of YouTube,” he said, having watched more than 100 videos on how to make a bagel. At first, he relied on his own taste buds as a guide, before sending his creations to his family in New York to taste.

    After months of overnight shipping, Lee said, “Even a UPS store is asking me, ‘Why are you doing that?’”

    “I know it makes no sense,” he told them. “That's how I operate.”

    A bunch of bagels in a basket.
    29 Loaves serves up New York-style bagels to Joshua Tree and other desert communities.
    (
    Courtesy 29 Loaves
    )

    Eventually, his sister gave the thumbs-up. To be extra, extra, extra sure, Lee went to folks living in the desert with New York ties to get their blessing.

    “Attention is an ingredient,” Lee said of his bagels. It’s a philosophy he’s honed while running his other business providing IT services, which he now operates remotely.

    “Garbage in, garbage out,” he said. “If you make a mistake or something falls on the bagel and marks it, it’ll end up that way as a finished product.”

    Why bagels mean so much to him

    Lee, whose father is Korean and mother is Brazilian, said his bakery is ultimately about food memories — and draws inspiration from what he ate growing up. The only other baked good 29 Loaves sells is pão de queijo, a gluten-free Brazilian cheese puff he makes.

    A "I love NY bagels" sign in front of a garage door.
    Richard Lee handmakes New York-style bagels at his home operation.
    (
    Courtesy 29 Loaves
    )

    But nothing rivals bagels. Sundays were often bagel days in his childhood home in the Long Island suburbs. As a teenager working for his father, Lee remembered they would make detours off the Long Island Expressway to grab fresh bagels.

    “They were nice and plump, and they were so hot,” he said.

    Father and son would eat them straight out of the bag — no cream cheese, no nothing.

    “Those were the types of memories that I wanna bring here,” Lee said.

    Get your bagel

    You can find 29 Loaves bagels in select cafes and markets in desert communities, including Indian Wells, Palm Desert and Pioneertown. Lee himself delivers orders within Twentynine Palms and Joshua Tree.

    For a 24/7 hankering, there’s The Bagel Portal, at 61877 29 Palms Highway, Joshua Tree — look for a stack of lockers under a wooden A-frame in the parking lot facing the highway. You’ll get a combination code after making a purchase.

    Go to the website to order.