Jan 12, 2021 - Economy

Drivers and union challenge Prop. 22's constitutionality

Photo: Robyn Beck/AFP via Getty Images

A group of ride-hailing drivers and the Service Employees International Union have filed a lawsuit to challenge the constitutionality of Proposition 22, the ballot measure recently passed in California that enshrines drivers as independent contractors (with some benefits).

Why it matters: Prop. 22 was a response from gig companies to AB5, a state law that went into effect last January, and put in place stricter requirements for classifying workers as contractors. Having drivers as contractors instead of employees (with full benefits) is central to these companies' business models, prompting their aggressive action to eschew AB5.

  • The plaintiffs argue that Prop. 22 violates the state constitution by stripping the legislature from enabling workers to organize, and excluding ride-hail drivers from the state workers’ compensation program.

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