Prop 22 Update: California Court Upholds Classification of Gig Workers as Independent Contractors

The Reminger Report: Emerging Technologies

Workers have historically fallen into two categories: employees and independent contractors. In November 2020, California voters passed Proposition 22: a ballot initiative to create a third type of worker classification. In February 2021, three California drivers and the Service Employees International Union filed a complaint against the State of California in the Alameda County Superior Court of California. In their complaint, the plaintiffs alleged that Proposition 22 was unconstitutional because it:

1. Intrudes on the Legislature’s exclusive authority to create workers’ compensation laws,
2. Restricts the courts’ authority to interpret the Constitution,
3. Limits the Legislature’s authority to enact legislation that would not constitute an amendment to Proposition 22, and
4. Violates the single-subject rule for initiative statutes.

Listen to today's podcast for the implications of this case on gig workers.
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