Official Arguments (click ▸ to expand)
PROBLEM: DRASTIC NEW LEGISLATION THREATENS TO MAKE IT ILLEGAL FOR APP-BASED DRIVERS TO WORK AS INDEPENDENT CONTRACTORS Sacramento politicians recently passed legislation that threatens to eliminate the ability of Californians to choose work as independent contractors providing app-based rideshare, food and grocery delivery services. By a 4:1 margin, independent surveys show app-based drivers overwhelmingly prefer to work as independent contractors, not employees. These drivers have other jobs, family obligations or health issues and need flexibility to continue this work and supplemental income to support their families. PROHIBITING INDEPENDENT CONTRACT WORK FOR APP-BASED DRIVERS WOULD ELIMINATE HUNDREDS OF THOUSANDS OF JOBS "Eliminating drivers' ability to work as independent contractors will end the flexibility the vast majority of drivers need, severely damaging the proven on-demand model that quickly matches customers with drivers. The result will be much longer wait times, significantly higher consumer prices, and the permanent shutdown of services in many areas—eliminating hundreds of thousands of jobs."—William Hamm, former nonpartisan State Legislative Analyst SOLUTION: YES ON PROP. 22 PROTECTS THE ABILITY OF DRIVERS TO WORK AS INDEPENDENT CONTRACTORS & PROVIDES NEW BENEFITS YES ON 22: 1. PROTECTS the choice of app-based drivers to work as independent contractors—SAVING CALIFORNIA JOBS when millions are struggling financially. 2. IMPROVES app-based work by requiring companies to provide new benefits, including: guaranteed minimum earnings • funding for health benefits • medical and disability coverage for on-the-job injuries • additional protections against harassment and discrimination. 3. CREATES EXPANDED PUBLIC SAFETY PROTECTIONS, including: requiring ongoing background checks and safety courses • zero tolerance for drug and alcohol offenses • criminal penalty for impersonating a driver. YES ON 22: BY A 4:1 MARGIN APP-BASED DRIVERS WANT TO BE INDEPENDENT More than 80% of drivers work less than 20 hours a week, have other jobs or responsibilities and can't work set shifts as employees: • Parents who work while kids are in school; • Family members who work odd hours so they can care for aging parents or other loved ones; • Working families, retirees and students who need supplemental income. "I'm a disabled veteran and am going back to school to prepare for a new career. I strongly support Prop. 22 because it protects the flexibility I need to work around my medical appointments and my education."—Matthew Emerson, Navy Veteran & Food Delivery Driver "I'm a mother of five with a full-time job. I need flexible, independent work a few hours a week to supplement my income. Otherwise my family wouldn't survive financially." —Brenda Vela, Mother & Rideshare Driver YES ON PROP. 22 KEEPS RIDESHARE & FOOD DELIVERY SERVICES AVAILABLE, AFFORDABLE & SAFE Prop. 22 preserves delivery services that millions now rely on to bring groceries, medications and warm meals to homes, and rideshare that improves mobility and keeps drunk drivers off our roads. YES ON 22: SUPPORTED BY DRIVERS, SMALL BUSINESSES, SOCIAL JUSTICE ADVOCATES, PUBLIC SAFETY LEADERS & OTHERS Supported by an overwhelming majority of app-based drivers • California Small Business Association • California State NAACP • California Peace Officers’ Association • National Hispanic Council on Aging • California Senior Advocates League • 100+ other organizations. www.VoteYesProp22.com BETTY JO TOCCOLI, President California Small Business Association JIM PYATT, President Independent Drivers Alliance of California MINNIE HADLEY-HEMPSTEAD, President NAACP Los Angeles
Uber, Lyft, and DoorDash paid to put Proposition 22 on the November ballot. They hired lawyers to write this misleading initiative and paid political operatives millions to collect the voter signatures needed. Why? To create a special exemption for themselves that will legally deny their driver's basic rights and protections at work like paid sick leave; workers' compensation, or unemployment benefits. Prop. 22 ONLY applies to Uber, Lyft, DoorDash, and other app-based delivery and transportation companies. Their goal is PROFIT. Only THESE companies would profit from this special exemption. Current law requires Uber, Lyft, and DoorDash to provide their drivers with a minimum wage, healthcare, paid sick leave, unemployment, and workers' compensation coverage, just like every other California business. The Attorney General recently sued them for breaking the law and for relentlessly avoiding responsibility to their drivers for years. With your vote, you can help make them stop! Vote NO on Prop. 22. Why vote NO on Proposition 22? Prop. 22 creates a special exemption that eliminates basic workplace benefits and replaces them with a new LOWER "earnings guarantee" and "healthcare subsidy" payments designed to save the companies money. Prop. 22 contains deceptive wording to cynically try to convince us they are strengthening driver protections. The truth is, Uber and Lyft are ALREADY required to perform background checks, and the new provisions would ELIMINATE required sexual harassment training and the obligations on Uber and Lyft to investigate customers’ and drivers’ sexual harassment claims. The bottom line: Prop. 22 is all about money. It's not about helping the drivers you meet if you use these apps. The outbreak of COVID-19 further exposed these companies' refusal to treat their drivers fairly. The New York Times editorial board recently wrote that these companies "have failed to enforce consistent safety measures during the pandemic, including providing sufficient numbers of masks or guidance on social distancing, while pushing workers to fulfill an ever greater number of orders to keep up with the rising demand for food deliveries." These drivers, 78% of whom are people of color, are ESSENTIAL. They've helped California through the pandemic, and they deserve better. We believe app drivers, many Latino, Black, or from other communities of color, SHOULD have sick leave, healthcare, unemployment benefits, AND flexibility in their scheduling. So don't let Uber, Lyft, and DoorDash confuse the issue. They claim this is about "flexibility" for "part-time" drivers. However, current law in no way limits driver flexibility. In fact, a University of California study found that a majority of drivers are not part-time, and over 70 percent of drivers for Uber and Lyft work 30 or more hours per week. Don't take our word. Read for yourself at transform.ucsc.edu/on-demand-and-on-the-edge. Prop. 22 was written by Uber, Lyft, and DoorDash for Uber, Lyft, and DoorDash, NOT their drivers. That's why tens of thousands of drivers have joined us to urge a NO vote. Don't let Uber, Lyft, and DoorDash write their own special law. Vote No on Proposition 22. NOonCAProp22.com ALVARO BOLAINEZ, Uber Driver NOURBESE FLINT, Executive Director Black Women for Wellness Action Project ART PULASKI, Executive Secretary-Treasurer California Labor Federation
California Proposition 22, App-Based Drivers as Contractors and Labor Policies Initiative (2020) - Ballotpedia
California Proposition 22, the App-Based Drivers as Contractors and Labor Policies Initiative, is on the ballot in California as an initiated state statute on November 3, 2020. Proposition 22 would consider app-based drivers to be independent contractors and not employees or agents.
✅ San Francisco Chronicle
"Proposition 22 is a battle between two determined and equally unappealing combatants. Proponents consist of the gig economy companies — Uber, Lyft, DoorDash among them — that are pouring $180 million into a campaign to dictate how they would be regulated on workplace issues. Opponents are the labor unions and the politicians they control, who refused to come up with a reasonable compromise in Sacramento. It’s hubris versus hubris, with voters left to make a binary choice in what should be a nuanced policy that would allow the ride-hail and delivery companies to keep rolling in a way that would increase driver pay and protections while acknowledging that their business does not fit within the realm of traditional employment. As imperfect as it may be in many regards, Prop. 22 at least makes an attempt at striking that balance — and will keep the app-based, ride-hail and delivery services operating in California."
🤐 The San Diego Union-Tribune
No stance published.
🚫 American Civil Liberties Union SoCal
"Vote for fair wages and protections for rideshare and delivery drivers.
Prop 22 is a measure written for and by rideshare and delivery app companies. Instead of increasing worker protections, it preserves an exploitive model and denies drivers — the majority of whom are people of color and in most need of these protections — their rights to a minimum wage, paid sick leave, unemployment insurance, and a path to organizing worker unions. Vote NO on Prop 22 to ensure these workers can receive the benefits they deserve."
🚫 Los Angeles Times
"One of the key innovations of app-based companies is their ability to match whatever workers are available to the customers seeking services, enabling individual workers to come and go on their own schedule. The challenge for the state is to preserve that innovation while guarding against the exploitation of those who rely on app platforms for their livelihoods. And it’s a balance that must be struck broadly, not just for companies that lawmakers or voters favor. Proposition 22 doesn’t meet that challenge."
✅ The Mercury News
Editorial: Prop. 22 would stop the assault on gig firms and workers
With the likes of Uber, Lyft, DoorDash and Instacart, the gig economy has revolutionized transportation and how we shop. During the pandemic, we've witnessed the importance of its flexibility, as the companies have been able to ramp up to meet grocery delivery demand while providing jobs that allow workers to choose their hours.
✅ Orange County Register
"AB5’s backers, primarily labor unions and their advocates in the Capitol, are upset that big technology companies can essentially bypass the state’s inflexible labor rules — the product of a bygone era, when the factory floor and office cubicles were the dominant workplaces. Supporters are trying to use government to hold back inexorable economic changes. … Because of the law’s deleterious effect on many industries, including our own, this editorial board has called for the total repeal of AB5. We don’t like legislating by exemption. Nevertheless, the more exemptions to this legislative monstrosity, the better. Real jobs and services are at risk."
✅ The Desert Sun
“Voters should not be forced to play regulator in what really is a high-stakes tilt between tech firms and labor interests. We believe approval of Proposition 22 will send the strong signal that lawmakers erroneously and harmfully overreached with AB 5, hopefully sending them back to the drawing board.”
Editorial: Yes on Prop 22 helps drivers and would be a rebuke to the chaos that is AB 5
Endorsements are decided by the Editorial Board, which operates independently of The Desert Sun news staff. The Editorial Board consists of Opinion Editor Al Franco, Executive Editor Julie Makinen, Desert Sun Staff Member Darby Wright and community members Gloria Franz, Becky Kurtz, Terria Smith and Rob Moon.
🚫 California Democratic Party
"Exempts Uber and Lyft from providing drivers the benefits they deserve. Drivers’ rights over Uber/Lyft profits."
No on Prop 22: BY app companies, FOR app companies
The California Attorney General and City Attorneys from across the state are cracking down on Uber and Lyft for the years of violating workers' rights laws, purposefully misclassifying drivers to avoid paying minimum wage, healthcare, paid sick leave, unemployment insurance, and workers' compensation coverage.
✅ Republican Party
"Protect the Right to Be an Independent Contractor
Prop 22 protects the freedom and flexibility of drivers to work when they want -- providing them with a stable income and giving the whole economy a boost."