“A small group of app-based drivers and a major labor union are pushing forward their legal challenge to Proposition 22 — the California voter-approved law allowing gig companies to keep treating their workers as independent contractors — after the state Supreme Court threw out the lawsuit.

The plaintiffs refiled the suit in a lower venue, Alameda County Superior Court, on Thursday morning. The California Supreme Court denied a constitutional challenge to Proposition 22 last week.

The lawsuit is substantively the same as the suit the Supreme Court declined to hear, according to the plaintiffs, which include the Service Employees International Union. It argues Proposition 22 violates the California Constitution by removing the state Legislature’s ability to grant workers the right to organize and give access to the state workers’ compensation program.”