Question 1

What did Prop 22 change for California app-based drivers?

Accepted Answer

Approved by California voters in 2020 and effective December 16, 2020, Prop 22 created a specific rule for app-based transportation and delivery work. It treats a driver as an independent contractor rather than an employee when the network company meets the statute’s conditions; it does not automatically classify every gig worker the same way.

Question 2

When does Prop 22 treat an app-based driver as an independent contractor?

Accepted Answer

The network company must not unilaterally set specific login times or minimum hours, require acceptance of a particular request to keep platform access, restrict work through other network companies except during engaged time, or restrict another lawful occupation. Whether the conditions are met in an individual situation depends on the facts and applicable law.

Question 3

What protections or benefits does Prop 22 provide?

Accepted Answer

Prop 22 provides a statutory earnings formula for engaged time, a vehicle-expense component, health-care subsidies for qualifying drivers, and specified accident coverage. These protections have eligibility rules and do not guarantee the same result for every driver.

Question 4

What does the Prop 22 earnings guarantee measure, and what is “engaged time”?

Accepted Answer

The earnings formula measures time after a driver accepts a request until the request ends, rather than every hour a driver is logged into an app. It also includes a per-mile vehicle-expense component. The formula is not a promise of hourly take-home pay for all logged-in time.

Question 5

What happens if a driver’s work does not meet Prop 22’s conditions, and where can drivers follow developments?

Accepted Answer

Prop 22 does not decide every worker’s status by label alone. If its statutory conditions are not met, another California classification rule may apply, but the result is fact-specific and can change with court or agency action. This page is not legal advice; consider independent counsel for a personal situation.

Prop 22, without the legal fog.

The driver questions that matter.