Please ensure Javascript is enabled for purposes of website accessibility
Walters: An Official Crusade Against Proposition 22
dan_walters
By Dan Walters, CalMatters Commentary
Published 5 years ago on
August 13, 2020

Share

Reasonable people can disagree whether the business model of Uber, Lyft and other transportation services is a model of flexible part-time work or cruelly exploits non-employee workers.

Their drivers, often using their own vehicles, are paid by the ride, giving rise to the term “gig economy.”

Dan Walters

Opinion

Uber, et al, contend that they give drivers opportunities to voluntarily supplement their incomes by working whenever it suits them. It’s not uncommon for someone to simultaneously drive for both Uber and Lyft.

The model, however, is unsettling to unions and their political allies, who contend that it deprives gig workers of rights and benefits of being on the payroll, such as contributions for Social Security and Medicare benefits and overtime pay. As independent contractors, gig workers also cannot be union members.

Two years ago, the state Supreme Court essentially declared gig work to be an illegal misclassification and the Legislature followed up with a hotly contested measure, Assembly Bill 5, that put the decision into law with very few exceptions.

Uber, et al, responded with a ballot measure that would exempt them from the legislation while offering gig workers some employee-like benefits.

Ostensibly, then, voters will decide whether gig work is an appropriate new model or an abomination when they either pass or reject Proposition 22.

It Closely Mirrors the Anti-Proposition 22 Campaign Theme

However, the anti-Proposition 22 coalition — unions and their political allies — is not content to just let voters decide, but is waging an all-out pre-election crusade through official channels, essentially inserting government into a political campaign.

Attorney General Xavier Becerra signaled pre-campaign hostilities by giving Proposition 22 a slanted official title: “Exempts app-based transportation and delivery companies from providing employee benefits to certain drivers.”

It closely mirrors the anti-Proposition 22 campaign theme and the companies challenged it in court, only to lose as judges affirmed Becerra’s wide discretion to write ballot measure summaries.

Becerra and some city attorneys also sued Uber and Lyft for continuing to classify their drivers as independent contractors despite the passage of AB 5 and this week, San Francisco Superior Court Judge Ethan Schulman ruled against the companies.

Schulman said the companies’ employment practices are depriving drivers “of the panoply of basic rights to which employees are entitled under California law.”

“Our state and workers shouldn’t have to foot the bill when big businesses try to skip out on their responsibilities,” Becerra said in a statement. “We’re going to keep working to make sure Uber and Lyft play by the rules.”

The Battle That Pits the Gig Worker Companies Against Unions

“The vast majority of drivers want to work independently, and we’ve already made significant changes to our app to ensure that remains the case under California law,” Uber spokesperson Davis White said in a statement.

A few days earlier, state Labor Commissioner Lilia Garcia-Brower sued Uber and Lyft to recover back wages for drivers that allegedly had been cheated out of pay by misclassification, thus inserting Gov. Gavin Newsom’s administration into the pre-Proposition 22 drive.

Finally, the author of AB 5, Assemblywoman Lorena Gonzalez, a San Diego Democrat, has proposed another crackdown in a new bill.

Assembly Bill 1066 would allow the Department of Employment Development to delegate collection of unemployment insurance payroll taxes to Becerra’s office. It specifically mentions going after companies using “misclassified independent contractors.”

The battle that pits the gig worker companies against unions and Democratic politicians began when the state’s economy was booming. In the throes of deep recession, Proposition 22’s fate may hinge on whether voters perceive gig work as a lifeline for the unemployed or see gig companies as part of the economic problem.

CalMatters is a public interest journalism venture committed to explaining how California’s state Capitol works and why it matters. For more stories by Dan Walters, go to calmatters.org/commentary.

[activecampaign form=31]

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Lights, Camera, Board Vote: Fresno Unified’s Carefully Choreographed Production

DON'T MISS

US Farm Agency Withdraws Proposal Aimed at Lowering Salmonella Risks in Poultry

DON'T MISS

On Major Economic Decisions, Trump Blinks, and Then Blinks Again

DON'T MISS

Candi Is the Dandy to Add a Little Sweetness to Your Life

DON'T MISS

How Trump Tariffs Could Upend California Farms, Wine Businesses, and Ports

DON'T MISS

Tulare Man Sentenced to State Prison for DUI Crash That Injured Two Women

DON'T MISS

Judge Partly Blocks Trump Order Seeking to Overhaul US Elections

DON'T MISS

Two From Search Group That Uncovered Mexico’s ‘Ranch of Horror’ Killed

DON'T MISS

US Warns States They Could Lose Transportation Funding Over Immigration, DEI Policies

DON'T MISS

Don’t Miss Out! Tower District’s Porchfest Festival Is Saturday

UP NEXT

Given Its Failures, Can California Manage a Transition to a Carbon-Free Future?

UP NEXT

Over a Century Later, California May Need Another Revolt Against Its Utility Companies

UP NEXT

California’s Economy Was Already Sluggish Before Trump’s Global Tariffs

UP NEXT

Will Fresno Unified Sacrifice Another Generation of Students? The Choice Is Ours

UP NEXT

What if There’s No Way to Stop Trump’s Approach to Power?

UP NEXT

Zakaria Draws Parallels Between Trump’s Tariffs, Failed 1930s Economic Policies

UP NEXT

Americans Haven’t Found a Satisfying Alternative to Religion

UP NEXT

I Have Never Been More Afraid for My Country’s Future

UP NEXT

Why Is It So Expensive to Build Affordable Homes in CA? It Takes Too Long

UP NEXT

What Some Animals Endure Before We Eat Them

Candi Is the Dandy to Add a Little Sweetness to Your Life

2 hours ago

How Trump Tariffs Could Upend California Farms, Wine Businesses, and Ports

2 hours ago

Tulare Man Sentenced to State Prison for DUI Crash That Injured Two Women

3 hours ago

Judge Partly Blocks Trump Order Seeking to Overhaul US Elections

3 hours ago

Two From Search Group That Uncovered Mexico’s ‘Ranch of Horror’ Killed

3 hours ago

US Warns States They Could Lose Transportation Funding Over Immigration, DEI Policies

4 hours ago

Don’t Miss Out! Tower District’s Porchfest Festival Is Saturday

4 hours ago

Shooter in 2022 Chicago-Area Parade Massacre Sentenced to Life in Prison

4 hours ago

Fresno Stabbing Leaves Son Dead, Father Charged With Murder

4 hours ago

Trump Asks Supreme Court to Reinstate Transgender Military Ban, for Now

4 hours ago

Lights, Camera, Board Vote: Fresno Unified’s Carefully Choreographed Production

I’m not here to talk about the superintendent pick negatively. This isn’t about the qualifications or the contract. This is about the theatr...

39 minutes ago

39 minutes ago

Lights, Camera, Board Vote: Fresno Unified’s Carefully Choreographed Production

Chickens sit at a poultry farm. March 12, 2025. (REUTERS/Diego Vara/File Photo)
48 minutes ago

US Farm Agency Withdraws Proposal Aimed at Lowering Salmonella Risks in Poultry

56 minutes ago

On Major Economic Decisions, Trump Blinks, and Then Blinks Again

Candi, GV Wire's Adoptable Cat of the Week
2 hours ago

Candi Is the Dandy to Add a Little Sweetness to Your Life

2 hours ago

How Trump Tariffs Could Upend California Farms, Wine Businesses, and Ports

Maxwell Barrios, 28, of Tulare, was sentenced to over four years in state prison on Wednesday, April 23, 2025, for a 2023 DUI crash that seriously injured two women, including one who required a partial arm amputation. (Tulare County DA)
3 hours ago

Tulare Man Sentenced to State Prison for DUI Crash That Injured Two Women

People vote in the 2024 U.S. presidential election on Election Day in Columbus, Ohio, U.S., November 5, 2024. (REUTERS/Megan Jelinger/File Photo)
3 hours ago

Judge Partly Blocks Trump Order Seeking to Overhaul US Elections

Forensic technicians stand at a cordoned area during a media tour by Jalisco's Attorney General Office at Izaguirre Ranch, which activists have called a cartel-run "extermination camp," in Teuchitlan, Jalisco state, Mexico March 20, 2025. (REUTERS/Ivan Arias/File Photo)
3 hours ago

Two From Search Group That Uncovered Mexico’s ‘Ranch of Horror’ Killed

Help continue the work that gets you the news that matters most.

Search

Send this to a friend