California·Election: 2020-11-03
Classifies app-based drivers as 'independent contractors,' instead of 'employees,' and provides independent-contractor drivers other compensation, unless certain criteria are met.
Read full ballot textAlameda County Superior Court (Judge Frank Roesch) ruled Prop 22 unconstitutional in its entirety, holding that only a constitutional amendment — not an initiative statute — could limit the Legislature's "plenary" power over workers' compensation under Article XIV, §4.
Source: National Law ReviewCA Court of Appeal, 1st District (Case No. A163655): reversed the trial court, holding Article XIV, §4's grant of power to the Legislature doesn't preclude the electorate from legislating on workers' compensation via initiative. Severed two subdivisions, Business & Professions Code §7465(c)(3) and (c)(4), for violating separation-of-powers principles: "Because the unconstitutional provisions can be severed from the rest of the initiative, we affirm the judgment insofar as it declares those provisions invalid."
Source: JustiaCA Supreme Court (Case No. S279622), opinion by Justice Liu, unanimous: "We affirm the judgment of the Court of Appeal insofar as it held that Business and Professions Code section 7451 does not conflict with article XIV, section 4 of the California Constitution." The Court expressly declined to decide anything broader, including the §7465(c)(3)/(c)(4) severance from event 2, which wasn't before it.
Source: JustiaEach claim states an intended outcome of the measure. Metrics are appended over time and never replaced — every entry keeps its original date and citation.
Proposition 22 classifies app-based rideshare and delivery drivers as independent contractors rather than employees, unless the hiring company sets the driver's hours, requires acceptance of specific ride or delivery requests, or restricts the driver from working for other companies.
Source: California Secretary of StateProposition 22 guarantees drivers a net earnings floor for time spent on an active trip ("engaged time"), set at no less than 120% of the applicable local minimum wage.
Source: California Secretary of State5.64 USD/hour, net driver earnings (pre-election projection)
Source: UC Berkeley Labor Center · retrieved 2026-09-16
25.61–27.58 USD/hour, after expenses (industry-side projection)
Source: Inland Empire Business Journal · retrieved 2026-09-16
6.2 USD/hour, median net take-home (confirmed actual, small sample)
Source: National Equity Atlas · retrieved 2026-09-16
5.93–7.12 USD/hour, net earnings, CA drivers excl. tips (confirmed actual, larger sample)
Source: UC Berkeley Labor Center · retrieved 2026-09-16
54 wage claims filed with CA DLSE alleging Prop 22 violations
Source: CalMatters · retrieved 2026-09-16
Proposition 22 provides a healthcare subsidy for drivers averaging 15+ hours of engaged time per week, plus occupational accident/injury coverage and vehicle liability insurance, in place of employee benefits.
Source: California Secretary of StateSupporters argue Proposition 22 preserves drivers' ability to set their own hours and work as independent contractors, citing a claim that roughly 80% of drivers want to remain independent contractors and work fewer than 20 hours a week.
Source: California Secretary of StateProposition 22 establishes new public-safety and anti-discrimination requirements for app-based companies — criminal background checks, driver safety training, a sexual harassment policy, and zero tolerance for drug/alcohol use — and makes impersonating a driver a crime.
Source: California Secretary of StateOpponents argue Proposition 22 creates a special exemption letting app-based companies avoid basic workplace protections other employers must provide — including guaranteed minimum wage, overtime, unemployment insurance, and employer-paid workers' compensation.
Source: California Secretary of StateOpponents argue Proposition 22 replaces those legal protections with a lower earnings guarantee and only a partial healthcare subsidy, and eliminates the mandatory sexual-harassment-prevention training requirement that applies to employees.
Source: California Secretary of StateOpponents dispute the proponents' framing of driver work patterns, citing studies finding roughly 70% of drivers work 30+ hours a week and rely on the income, contrary to the 80%/part-time claim proponents cite.
Source: California Secretary of State