Ballot Measure Protects Right of App-Based Rideshare & Delivery Drivers to Choose Flexible Work as Independent Contractors

The Problem

Rideshare and Delivery Drivers Need the Flexibility of Independent Contracting Coupled with New Economic Guarantees and Protections

The state Legislature just passed a law (AB5) that could threaten the freedom of Californians to earn income when, where and how they want as independent contractors on app-based rideshare and delivery network platforms. Struggling with our state’s high cost of living, seniors, students, working parents and many others rely on app-based platforms that facilitate rideshare and delivery services to earn extra money on a flexible schedule. The new California law could take this flexibility away – potentially eliminating hundreds of thousands of work opportunities and forcing app-based workers into rigid employment schedules whether they prefer it or not.

If rideshare and delivery drivers are forced to be classified as employees with set shifts, it could significantly limit the availability and affordability of these on-demand services that benefit consumers, small businesses and our economy. In addition, current law for independent contractors denies companies the ability to provide many workplace protections, such as guaranteed hourly earnings and benefits. State law also makes it difficult for rideshare and delivery service companies to implement many customer and public safety protections.

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Our Solution

Ballot Measure Protects Flexibility, Provides Historic New Wage and Benefit Guarantees & Protects Public Safety and Customer Choice

Protect worker flexibility and independence.

The ballot measure would protect the right of California app-based rideshare and delivery drivers to work as independent contractors if certain criteria are met, such as having control over their own hours and when, where, how long they work, and the ability to work with multiple companies.

Require new wage and benefit guarantees.

The measure requires app-based rideshare and delivery service companies to offer new protections and benefits for drivers, including:

  • Earnings Guarantee, including:
    • Drivers always receive at least an amount equal to 120% of minimum wage, plus 30 cents per mile compensation toward expenses, with the potential to earn more and no limits on how much drivers can make.
  • Health care contribution equal to 100 percent of the average employer payment toward a Covered California Plan, or $367 per month to a driver on average.
    • Drivers start earning this amount at 15 hours per week and reach the full amount at 25 hours per week
    • Drivers can earn multiple contributions from multiple companies
    • The health care provision in the ballot measure is more generous than state and federal laws, which only require health care to be provided to those working more than 30 hours per week, with no benefits for part time workers.
  • Occupational accident insurance to cover on-the-job injuries
  • Automobile accident and liability insurance
  • Protection against discrimination and sexual harassment
Implement new customer and public safety protections.

The measure would provide for:

  • Recurring background checks of drivers
  • Mandatory safety training of drivers
  • Zero tolerance for alcohol and drug offenses
  • A cap on driver hours per day to prevent sleepy driving
Protect access to affordable and convenient rideshare and delivery services.

By promoting worker flexibility and economic security, this ballot measure will protect the availability of rideshare and food and package delivery services that millions of Californians rely on every day. This includes transportation services that reduce impaired and drunk driving, improve mobility for seniors and the disabled, and provide new transportation options for families who cannot afford a vehicle.

This measure would also help protect the availability of delivery services that provide Californians affordable and convenient access to food, grocery and package delivery services, while providing small businesses like restaurants, grocers and retailers new customers.