Proposition 22 Heads to California Supreme Court, Potentially Changing the Gig Economy

The California Supreme Court is set to hear oral arguments next Tuesday in a case that could have far-reaching implications for the gig economy in the state. At the center of this legal battle is Proposition 22, a ballot measure passed by voters four years ago that allowed companies like Uber, Lyft, DoorDash, and Instacart to classify their gig workers as independent contractors rather than employees. This classification is crucial to the business model of these companies, as it allows them to provide flexible schedules to their workers while avoiding employment taxes and other financial responsibilities.

However, in 2021, a Superior Court judge invalidated Proposition 22, stating that it limits the Legislature’s power to create and enforce a complete workers’ compensation system. This decision has sparked a legal battle between the gig companies and labor groups, with the state Supreme Court now set to weigh in on the matter.

The gig companies argue that Proposition 22 was a necessary response to Assembly Bill 5, a state law that would have required them to classify their workers as employees. They emphasize the benefits of the gig economy for marginalized workers and communities, as well as the flexibility it provides to workers. On the other hand, opponents of Proposition 22 warn of the dangers of allowing corporations to carve out their own labor laws, which could lead to the further gig-ification of work in other industries.

One of the key issues in this case is the earnings of gig workers. While industry-backed polls show high average earnings for gig workers, labor groups and academics dispute these figures, pointing out that they do not account for the time workers spend waiting for gigs or the expenses they incur. A study conducted after Proposition 22 took effect found that gig workers’ average earnings could be as low as $6.20 per hour.

The outcome of this case could set a national precedent on the classification of gig workers and the regulation of the gig economy. Despite the narrow focus of the legal arguments, a wide array of stakeholders have weighed in on the pros and cons of the gig economy, highlighting the complex and contentious nature of this issue.

As the California Supreme Court prepares to hear oral arguments in this case, the future of more than 1 million gig workers in the state hangs in the balance. The decision could have far-reaching implications not only for these workers but also for the broader landscape of labor laws and regulations in the gig economy. Stay tuned as this legal battle unfolds and the fate of Proposition 22 is decided.