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California Ballot Propositions

Proposition 22: App-Based Drivers as Contractors and Labor Policies Initiative

Prop22

The ballot initiative would define app-based drivers as workers who (a) provide delivery services on an on-demand basis through a business’s online-enabled application or platform or (b) use a personal vehicle to provide prearranged transportation services for compensation via a business’s online-enabled application or platform.

  • Classifies drivers for app-based transportation (rideshare) and delivery companies as “independent contractors,” not “employees,” unless company: sets drivers’ hours, requires acceptance of specific ride and delivery requests, or restricts working for other companies.
  • Independent contractors are not covered by various state employment laws—including minimum wage, overtime, unemployment insurance, and workers’ compensation.
  • Instead, independent-contractor drivers would be entitled to other compensation—including minimum earnings, healthcare subsidies, and vehicle insurance.
  • Restricts certain local regulation of app-based drivers.
  • Criminalizes impersonation of drivers.

Full text of Initiative

Support

Support website: Yes on Prop 22

"Why not just treat drivers as employees? Some of our critics argue that doing so would make drivers’ problems vanish overnight. It may seem like a reasonable assumption, but it’s one that I think ignores a stark reality: Uber would only have full-time jobs for a small fraction of our current drivers and only be able to operate in many fewer cities than today. Rides would be more expensive, which would significantly reduce the number of rides people could take and, in turn, the number of drivers needed to provide those trips. Uber would not be as widely available to riders, and drivers would lose the flexibility they have today if they became employees."

-Dara Khosrowshahi, CEO, Uber

"App-based driving is under threat. That’s why we need this ballot measure to pass, to end the uncertainty and make sure people maintain the ability to earn money on their terms, when their schedules allow, even after this pandemic has passed."

-Tecoy Porter, President, National Action Network, Sacramento Chapter

"If rideshare and delivery drivers are forced to be classified as employees with set shifts, it could significantly limit the availability and affordability of these on-demand services that benefit consumers, small businesses and our economy. In addition, current law for independent contractors denies companies the ability to provide many workplace protections, such as guaranteed hourly earnings and benefits. State law also makes it difficult for rideshare and delivery service companies to implement many customer and public safety protections."

-Protect App-Based Drivers & Services

Opposition

Opposition website: California Labor Federation

"These billion-dollar corporations still refuse to offer their workers what every other employee in California is entitled to: earning the minimum wage for all hours worked, social security, normal reimbursements for their costs, overtime pay, and the right to organize." 

Asm. Lorena Gonzalez (D-80), Legislative Author - AB 5

"This measure is another brazen attempt by some of the richest corporations in California to avoid playing by the same rules as all other law-abiding companies in our state. ... These CEOs spin this ballot measure as a benefit to workers, but their corporate Hail Mary falls short. It steals protections and pay their employees are entitled to under current law."

Art Pulaski, Chief officer, California Labor Federation

"These companies have lost in the legislative process, they’ve lost in court. Now this is a last-ditch but well-funded effort to permanently take control of all terms and conditions of employment of their workers. If it’s successful, corporations in any industry would know that with enough cash and enough spin, you can buy your way to deregulation." 

-Rebecca Smith, Director of Work Structures Portfolio, National Employment Law Project

Lisa Sturgis

Lisa Sturgis recently returned to KYMA as its Digital Content Director, but she has a long history with the Desert Southwest.

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