Impact on Drivers

Uber, Lyft, and DoorDash wrote Prop 22 to have clear winners and losers; and drivers won’t be getting the upper hand. See how Proposition 22 will weaken the benefits and protections drivers are entitled to under the law.

Current Law

Under Prop 22

Wages

Clear minimum wage; guaranteed overtime (150% of wages for work over 8 hours in one day, 40 hours in one week)

No overtime; sub-minimum wage likely

Expense Reimbursement

All expenses reimbursed (mileage, cell phones, car cleaning, etc.) – standard IRS rate is over 57 cents per mile.

Thirty cents per mile, but only mileage expenses for “engaged” miles, (e.g. no reimbursement for time without package/passenger)

Workers’ Compensation

No-fault coverage for work-related injuries.

Limited health coverage; not “no-fault;” easier for insurers to deny coverage

Paid Family Leave

8 weeks of paid leave

None

Paid Sick Days

Three days of paid leave for illness or care of family – up to 10 in some cities; additional COVID-19 leave in some cities

None

Unemployment Compensation

Up to 26 weeks of cash benefits after no-fault job loss

None

Disability Insurance

Lifetime access to wage replacement if injured

Limited - caps total coverage for 104 weeks

Health Insurance

Access to federal benefits under the Affordable Care Act

Limited - calculated based on “engaged” time, reducing the benefit amount

Discrimination

Protection against discrimination based on a broad set of characteristics

No explicit protection against discrimination based on immigration status

Right to Organize and Collectively Bargain

Could be created under state law

None - and may only be afforded if state passes legislation by 7/8ths majority, which is nearly impossible

Protection from Retaliation

Protection from termination or discipline for reporting harassment, discrimination, or wage theft

None

Health and Safety

Requires companies to establish injury prevention plans; give workers access to sanitation facilities

No similar requirement

Uber, Lyft, and DoorDash have stockpiled $110 million to pass a misguided measure to avoid prosecution and protect their profits. Gig workers are struggling on the frontlines of this pandemic–it’s time for us to show them whose side we’re on. I urge Californians to vote no.

– Elizabeth Warren, Senator