2020 California Proposition 22
| Elections in California |
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Proposition 22, titled Exempts App-Based Transportation and Delivery Companies from Providing Employee Benefits to Certain Drivers, is a California ballot proposition appearing on the ballot for the general election on November 3, 2020.[1]
The proposition seeks to grant app-based transportation and delivery companies a special exception to Assembly Bill 5 by classifying their drivers as "independent contractors", exempting employers from providing benefits to certain drivers.[2][3]
The proposition also includes additional protections for app-based workers over those for other independent contractors, but most of these protections only apply during the time the worker is "engaged" in fulfilling a specific request and not while the worker is logged in to the app and available to fulfill a request.[4]
Lyft, Uber, DoorDash, Instacart, and Postmates have contributed over $180 million into campaigns supporting Prop 22, making it the most expensive ballot measure in California's history.[5][6] This includes major funding for the Yes on Prop 22 campaign,[7] and promoting the proposed legislation directly to customers when using their app.[8][9] The companies have also forced their workers to support and promote the legislation: Uber sends its drivers in-app messages forcing them to click on either "Yes on Prop 22" or "OK", Instacart ordered its workers to place pro-Prop 22 stickers in customers' shopping bags, and DoorDash forces delivery drivers to use bags saying "Yes on 22".[10][11]
Title litigation
The ballot title, written by Attorney General Xavier Becerra, is Exempts App-Based Transportation and Delivery Companies from Providing Employee Benefits to Certain Drivers. Initiative Statute. Prop 22 backers challenged the title as non-neutral in court, but their arguments were rejected by a Sacramento Superior Court judge.[12]
Background
In 2019, Assembly Bill 5 reaffirmed that workers classified as "employees" are entitled to labor protections (such as minimum wage laws, and sick leave).[13] The bill also expanded the criteria used for determining whether a worker may be classified as "employee" or "independent contractors". The lawmakers of the bill designed the criteria such that ride-hail drivers and other gig-economy workers must be "employees" going forward.[3] Lyft and Uber have stated a desire to keep drivers classified as independent contractors.[2][5][14][15]
In August 2020, the California court ordered Uber and Lyft to comply with the law within a 10-day deadline.[16] The companies said they would shut down their operation in California if some drivers[clarify] had to become employees.[1][9] On August 20, the deadline day, the companies asked for an extension. The court granted an extension until November 4, 2020, on the condition that Uber and Lyft CEOs provide a sworn testimony by October 4 confirming their plan to comply with AB 5.[9][1][17] The companies indicated they would no longer shut down.[18]
The ride-hail companies, joined by DoorDash and Instacart,[1] have supported Proposition 22 for the November 3rd, 2020 ballet election one day prior to the extended deadline.[17]
Polls
| Poll source | Date(s) administered |
Sample size[a] |
Margin of error |
For Proposition 22 | Against Proposition 22 | Undecided |
|---|---|---|---|---|---|---|
| UC Berkeley Institute of Governmental Studies | October 16–21, 2020 | 5,352 (LV) | – | 46% | 42% | 12% |
| Ipsos/Spectrum News | October 7–15, 2020 | 1,400 (A) | ± 3% | 62% | 23% | 15% |
| SurveyUSA | September 26–28, 2020 | 588 (LV) | ± 5.4% | 45% | 31% | 25% |
| Redfield & Wilton Strategies | September 19–21, 2020 | 1,915 (LV) | – | 53% | 27% | 20% |
| UC Berkeley/LA Times | September 9–15, 2020 | 5,900 (LV) | ± 2% | 39% | 36% | 25% |
| Redfield & Wilton Strategies[1] | August 9, 2020 | 2,000 (RV) | – | 41% | 26% | 34% |
Notes:
- ^ Key:
A – all adults
RV – registered voters
LV – likely voters
V – unclear
References
- ^ a b c d Hepler, Lauren (13 August 2020). "Uber, Lyft and why California's war over gig work is just beginning". Cal Matters. Retrieved 20 August 2020.
- ^ a b Hiltzik, Michael (8 September 2020). "Uber and Lyft just made their campaign to keep exploiting workers". Los Angeles Times. Retrieved 2020-10-14.
{{cite web}}: CS1 maint: url-status (link) - ^ a b "Uber and Lyft Fight a Law They Say Doesn't Apply to Them". Wired. 31 October 2019. Retrieved 2020-10-14.
{{cite news}}: CS1 maint: url-status (link) - ^ Holder, Sarah (7 July 2020). "California's Gig Economy Ballot Measure Fails Workers, Labor Groups Say". bloomberg.com. Bloomberg. Retrieved 18 October 2020.
- ^ a b Byrne, Ryan (9 September 2020). "With funding from Uber, Lyft, and Doordash, campaign behind California Proposition 22 tops $180 million". ballotpedia.org. Ballotpedia. Retrieved 10 September 2020.
- ^ O'Brien, Sara Ashley. "The $185 million campaign to keep Uber and Lyft drivers as contractors in California". CNN. Retrieved 2020-10-14.
- ^ "Yes on Prop 22". Save App-Based Jobs & Services. Retrieved 2020-10-14.
Paid for by Yes on 22 […] Committee major funding from Uber Technologies, Lyft, and DoorDash.
{{cite web}}: CS1 maint: url-status (link) - ^ "Uber, Lyft push Prop. 22 message where you can't escape it: your phone". Los Angeles Times. 2020-10-08. Retrieved 2020-10-14.
{{cite web}}: CS1 maint: url-status (link) - ^ a b c O'Brien, Sara Ashley. "Uber and Lyft get reprieve from court, won't shut down in California for now". CNN. Retrieved 2020-10-14.
[…] , the companies have threatened to suspend their services, and sometimes followed through on it, riling up customers and drivers, and putting pressure on lawmakers.
{{cite web}}: CS1 maint: url-status (link) - ^ "Uber drivers sue, say company 'coerced' them to support Prop 22". CNet. 2020-10-23. Retrieved 2020-10-24.
{{cite web}}: CS1 maint: url-status (link) - ^ "Gig Companies Are Making Their Workers Promote Prop. 22". KQED. 2020-10-20. Retrieved 2020-10-24.
{{cite web}}: CS1 maint: url-status (link) - ^ Said, Carolyn (4 August 2020). "Judge rejects Prop. 22 backers' attempt to change gig-work ballot language". San Francisco Chronicle. Retrieved 20 August 2020.
- ^ "Newsom signs bill rewriting California employment law, limiting use of independent contractors". Los Angeles Times. 2019-09-18. Retrieved 2020-10-14.
{{cite web}}: CS1 maint: url-status (link) - ^ "Human Capital: A timeline of Uber and Lyft's fight against AB 5 and Pinterest's fall from grace". TechCrunch. Retrieved 2020-10-14.
- ^ Spangler, Todd (2020-08-21). "Why Uber and Lyft Were on the Brink of Shutting Down in California — and What Happens Next". Variety. Retrieved 2020-10-14.
- ^ O'Brien, Sara Ashley. "Court orders Uber, Lyft to reclassify drivers as employees in California". CNN. Retrieved 2020-10-14.
- ^ a b Feiner, Lauren (2020-08-20). "Appeals court grants Uber and Lyft a temporary reprieve following threats to shut down in California". CNBC. Retrieved 2020-10-14.
- ^ Inc, Lyft. "Rideshare operations will not be suspended in California". Lyft. Archived from the original on 2020-08-21. Retrieved 2020-10-14.
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