App-based drivers overwhelmingly support Proposition 22 to protect their independent contractor status plus obtain new benefits

SACRAMENTO – As the California State Legislature moves to exempt another 50+ professions and occupations from AB 5, bringing the total number of vocations exempted to over 100, app-based drivers demand answers from the bill’s author and supporters on why a law they oppose by a 4:1 margin is only being applied to them. The new industries that are now being exempted from AB5 only a year after it was passed include foresters, landscape architects, home inspectors, dog walkers and many more. By listening to special interests at the expense of app-based rideshare and delivery drivers as well as their constituents, Sacramento politicians are rushing through a substantial clean-up bill to try to fix a law that was ill-considered, harmful, and flawed from the very beginning.

“If making independent work illegal is not a good idea for over100 other professions and occupations, then why is it ok to take away our independent contractor status when we overwhelmingly want to protect our independence?” asked Lynnelle Buyck, an LA resident who started driving rideshare after being laid off from her job because of COVID-19. “App-based drivers believe that every Sacramento politician should be required to explain specifically why each of these more than100 occupations is being carved out of their law. Why is employment bad for landscape architects but necessary for an app-based driver like me, especially when nearly all drivers support Prop 22 because we don’t want to be employees?”  

According to independent surveys, drivers want to be independent contractors, not employees, by a 4:1 margin. That’s because more than 80% of drivers work part-time—fewer than 20 hours a week—on top of other work or obligations.

Tony Bonaccorso, a Tustin resident and retired psychotherapist who drives rideshare part-time for extra income said, “Sadly, Sacramento politicians are too gutless to stand up to the special interests, and now app-based drivers like me live in uncertainty. We hope the voters will listen to what drivers actually want and pass Prop 22 to protect drivers and our independent contractor status.”

AB 5 included approximately 55 exemptions ranging from professions including physicians, lawyers, real estate agents, and hair stylists. AB 2257 currently includes approximately 50 more exemptions for writers, musicians, cartoonists, and landscapers, plus many others.

By exempting dozens of occupations from AB 5, it’s clear that Sacramento politicians are directly targeting app-based rideshare and delivery drivers. Without Prop 22, AB 5 would eliminate hundreds of thousands of California jobs.

Drivers are supporting Prop 22 to prevent such a catastrophe. If passed this November, Prop 22 would protect the ability of app-based drivers to work as independent contractors, saving nearly 1 million jobs, while providing historic new earnings guarantees and benefits like health care.

“You didn’t listen to us before and our ability to provide for our families was nearly shut down last week,” said Andi Bucher, a busy mom from San Jose with twins who also drives rideshare. “We’re more motivated than ever to pass Prop 22.”

Existing AB 5 (Labor Code § 2750.3, subdivision – )

1. Accountants (b)(3)
2. Animal services (g)(2)(C)
3. Architects (b)(3)
4. Barber (c)(2)(B)(xi)
5. Commercial fishermen/fisherwomen (b)(6)
6. Construction industry trucking services subcontractors (f)(8)
7. Cosmetologist (c)(2)(B)(xi)
8. Dentists (b)(2)
9. Direct-sales persons (b)(5)
10. Doctors (b)(2)
11. Dog groomers (g)(2)(C)
12. Dog walkers (g)(2)(C)
13. Electrologist (c)(2)(B)(xi)
14. Engineers (b)(3)
15. Enrolled agents (c)(2)(B)(vii)
16. Errand assistances (g)(2)(C)
17. Esthetician (c)(2)(B)(xi)
18. Event planners (g)(2)(C)
19. Fine artists (c)(2)(B)(vi)
20. Freelance editors (c)(2)(B)(x)
21. Freelance newspaper cartoonists (c)(2)(B)(x)
22. Freelance writers (c)(2)(B)(x)
23. Furniture assembly (g)(2)(C)
24. Grant writers (c)(2)(B)(v)
25. Graphic designers (c)(2)(B)(iv) & (g)(2)(C)
26. Home cleaners (g)(2)(C)
27. Human resources professionals (c)(2)(B)(ii)
28. Individuals performing services under a contract with a licensed “motor club” (h)
29. Insurance brokers (b)(1)
30. Investment advisers (b)(4)
31. Investment adviser’s agents (b)(4)
32. Lawyers (b)(3)
33. Licensed construction industry subcontractors (f)
34. Manicurist (c)(2)(B)(xi)
35. Marketing professionals (c)(2)(B)(i)
36. Minor home repairers (g)(2)(C)
37. Movers (g)(2)(C)
38. Newspaper carriers (b)(7)
39. Newspaper distributors (b)(7)
40. Payment processing agent (c)(2)(B)(viii)
41. Photographers (c)(2)(B)(xi)
42. Photojournalists (c)(2)(B)(ix)
43. Picture hangers (g)(2)(C)
44. Podiatrists (b)(2)
45. Pool cleaners (g)(2)(C)
46. Private Investigators (b)(3)
47. Psychologists (b)(2)
48. Real estate agents (d)(1)
49. Repossession agents (d)(2)
50. Securities brokers/dealers (b)(4)
51. Surgeons (b)(2)
52. Travel agents (c)(2)(B)(iii)
53. Tutors (g)(2)(C)&(F)
54. Veterinarians (b)(2)
55. Web designers (g)(2)(C)
56. Yard cleaners (g)(2)(C)

AB 2257 [as amended 8/20/20] proposed exemptions (Labor Code § 2750.3, subdivision – [proposed])

1. Amateur referee (e)(10)
2. Amateur umpire (e)(10)
3. Competition judge (e)(10)
4. Composer (b)(1)(B)
5. Copy editor (f)(2)(B)(x)
6. Feedback aggregator (k)(1)
7. Home inspector (g)(2)
8. Illustrator (f)(2)(B)(x)
9. Independent radio promoter (b)(1)(I)
10. Individual performing artist (d)(1)
11. Insurance loss control professionals (e)(1)
12. Insurance premium auditors (e)(1)
13. Insurance risk managers (e)(1)
14. Insurance underwriter (e)(1)
15. International student exchange program operator (e)(9)
16. Landscape architects (e)(3)
17. Lyricist (b)(1)(B)
18. Manager of recording artist (b)(1)(C)
19. Manufactured housing salesperson (e)(6)
20. Musical composition creator (b)(1)
21. Musical composition marketer (b)(1)(J)
22. Musical composition promotion (b)(1)(J)
23. Musical engineer (b)(1)(E)
24. Musical group (c)(1)
25. Musical mixer (b)(1)(E)
26. Musician (b)(1)(F) & (c)(1)
27. Music proofer (b)(1)(B)
28. Music publicist (b)(1)(J)
29. Photo editor (f)(2)(B)(ix)(I)(ia)
30. Real estate appraiser (f)(2)(B)(xiii)
31. Record director (b)(1)(D)
32. Recording artist (b)(1)(A)
33. Recording photo shoot or album cover photographer (b)(1)(H)
34. Record producer (b)(1)(D)
35. Register professional foresters (f)(2)(B)(xiv)
36. Songwriter (b)(1)(B)
37. Sound recording distributor (b)(1)(J)
38. Specialized performing arts master class teacher (f)(2)(B)(xii)
39. Translator (f)(2)(B)(x)
40. Videographer (f)(2)(B)(ix)(I)(ia)
41. Vocalists (b)(1)(G)

AB 2257 [as amended 8/25/20] additional proposed exemptions

1. Calligraphers (§ 2778(b)(2)(F)(ii))
2. Graphic artists (Id.)
3. Individual performance artist (§ 2780(c)(1))
4. Mixed media artists (§ 2778(b)(2)(F)(ii))
5. Painters (Id.)
6. Publication content advisor  (§ 2778(b)(2)(K))
7. Publication content cartographer  (Id.)
8. Publication content contributor (Id.)
9. Publication content narrator (Id.)
10. Publication content producer (Id.)
11. Sculptors (§ 2778(b)(2)(F)(ii))

About Proposition 22

A major new study confirms an employment model would eliminate up to 900,000 app-based jobs, a reduction of between 80-90 percent of drivers currently driving today. These job losses will come at the worst possible time, when California is facing high unemployment and when app-based work opportunities are providing a lifeline for people to earn income. In addition, more than 71 percent of app-based drivers want to remain independent contractors, despite efforts by politicians to force them to become employees.

Proposition 22 would ensure driver flexibility, by protecting the ability of California’s one million app-based drivers to choose to work as independent contractors while providing new earning guarantees and benefits. These include:

• Prop 22 improves the quality of app-based work by requiring app-based platforms to provide drivers:
  • Guaranteed minimum earnings (120% of California minimum wage), including compensation toward expenses
  • Funding for new health benefits for drivers who work just 15 hours a week
  • Occupational accident insurance to cover injuries and illnesses on the job
  • Protection against discrimination and sexual harassment
•  Prop 22 implements strong new public safety protections:
  • Recurring background checks of drivers
  • Mandatory new safety courses for drivers
  • Zero tolerance for alcohol and drug offenses
  • Making it a crime to impersonate a driver