2020 California Proposition 22

Proposition 22 was a ballot initiative in California that became law after the November 2020 state election, passing with 59% of the vote and granting app-based transportation and delivery companies an exception to Assembly Bill 5 by classifying their drivers as "independent contractors", rather than "employees". The law exempts employers from providing the full suite of mandated employee benefits (which include time-and-a-half for overtime, paid sick time, employer-provided health care, bargaining rights, and unemployment insurance) while instead giving drivers new protections:

  • 120 percent of the local minimum wage for each hour a driver spends driving (with passenger or en route), but not for time spent waiting
  • $0.30/mile for expenses for each mile driven with passenger or en route
  • health insurance stipend for drivers who average more than 15 hours per week driving
  • requiring the companies to pay medical costs and some lost income for drivers hurt while driving or waiting
  • prohibiting workplace discrimination and requiring that companies develop sexual harassment policies, conduct criminal background checks, and mandate safety training for drivers.
Proposition 22

November 3, 2020

Exempts App-Based Transportation and Delivery Companies from Providing Employee Benefits to Certain Drivers
Results
Choice
Votes  %
Yes 9,957,858 58.63%
No 7,027,467 41.37%
Valid votes 16,985,325 95.50%
Invalid or blank votes 799,826 4.50%
Total votes 17,785,151 100.00%
Registered voters/turnout 22,047,448 80.67%

The initiative became state law after passage in November 2020, was challenged in California state courts in 2021, and was upheld on appeal in 2023. Proposition 22 awaits a California Supreme Court decision on its constitutionality.

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