Gig workers' complaints are being ignored in California, where a 'law to protect gig workers' was passed

In California, a law requiring the improvement of working conditions for gig workers came into effect in 2020. However, it has been reported that platforms such as Uber have invested huge amounts of money to pass rules to counter the law, and the law has not yet had any effect even at the time of writing, four years after its enactment.

Gig work: No one's enforcing Prop. 22 in California - CalMatters
https://calmatters.org/economy/2024/09/gig-work-california-prop-22-enforcement/

'Gig workers' are people who work for ride-hailing and delivery services through platforms such as Uber. Because gig workers are generally treated as independent contractors rather than employees, they face problems such as not being covered by employment insurance or workers' compensation insurance and not being able to receive public compensation for unemployment or injury.

Proposals for regulations aimed at improving the working conditions of gig workers are being discussed around the world, and in California, Assembly Bill 5 (AB5), which revises the definition of an independent contractor, was passed in September 2019. This bill was expected to improve the working environment by considering most gig workers as employees rather than independent contractors.

Bill to regulate 'internet-based work businesses' such as Uber passed - GIGAZINE

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AB5 came into effect in January 2020, and in August 2022, a preliminary injunction was issued against Uber and Lyft ordering them to treat drivers as employees rather than independent contractors based on AB5. However, the order was postponed after Uber and Lyft appealed. In addition, California Proposition 22 (Proposition 22), which aims to relax AB5 regulations, was passed by referendum in 2020 , and it was decided that gig workers who take on work through apps will be treated as independent contractors. It was also reported that during the Proposition 22 referendum, platforms such as Uber, Lyft, and DoorDash spent more than $200 million (about $29 billion) on campaigns in favor of it.

Uber, Lyft, DoorDash and others start providing minimum income guarantees and medical assistance to drivers in California under new law - GIGAZINE

Gig workers who oppose Proposition 22 filed a lawsuit claiming that 'Proposition 22 is unconstitutional.' In 2021, the California Superior Court ruled that 'Proposition 22 is unconstitutional,' but in 2023, the Court of Appeals ruled that 'Proposition 22 is constitutional.' Finally, in 2024, the California Supreme Court ruled that 'Proposition 22 is constitutional.'

California Supreme Court allows Uber, Lyft, etc. to treat drivers as independent contractors - GIGAZINE

The complicated history of California's gig worker regulations has left the enforcement of the regulations unclear. Proposition 22 provides for 'paying 120% of the minimum wage for every hour spent driving,' 'paying medical subsidies,' and 'compensating for work-related accidents,' but according to CalMatters, 32 of the 54 claims based on Proposition 22 are pending resolution, including 'claims filed in 2021 that remain unresolved.'

In an email (PDF file) sent to the plaintiffs in February 2024, California explained that 'as of December 16, 2020, drivers operating on the Lyft platform are considered independent contractors by statute. As a result, they cannot seek relief under labor law.'

CalMatters criticized the state of AB5 and Proposition 22, saying, 'State officials deny responsibility for claims under Proposition 22, so who will enforce the law?'

CalMatters has asked the state of California to disclose all 'wage claims filed under Proposition 22,' but not a single one related to DoorDash has been disclosed, and no explanation has been given for why.

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