Index
Employment & LaborCalifornia, USA

California Prop 22 (Gig Worker Exemption)

Summary

Prop 22 is a voter-approved law that allows app-based rideshare and delivery companies (like Uber and DoorDash) to legally classify their drivers as independent contractors rather than employees.

Rights & Rules

  • 01.
    If you drive for Uber, Lyft, or DoorDash, you are an independent contractor, NOT an employee. You do not get minimum wage, overtime pay, or traditional workers' compensation.
  • 02.
    However, the companies MUST pay you at least 120% of the local minimum wage for your 'engaged time' (the time from accepting a ride to dropping off the passenger).
  • 03.
    The companies must give you a healthcare stipend if you average 15 or more 'engaged' hours per week.
  • 04.
    The companies must provide occupational accident insurance to cover on-the-job injuries.

Penalties

  • 01.
    If a company fails to pay the guaranteed minimum earnings or the healthcare stipend, drivers can sue for wage theft or breach of contract.

Verified Citations

California Business and Professions Code Chapter 10.5

Source
"Notwithstanding any other provision of law... an app-based driver is an independent contractor and not an employee or agent with respect to the app-based driver's relationship with a network company if the following conditions are met..."