RULES FOR APP-BASED DRIVERS LEADING
Measure would extend exemptions to some from AB 5
In state propositions: Prop. 15 to change commercial property tax rules is too close to call.
Prop. 16 to allow the return of affirmative action in government decisions is trailing. Prop. 21 to expand local governments’ authority for rent control is trailing. Prop. 22 to enact new rules for gig economy drivers is leading.
A California ballot measure that would exempt Uber, Lyft and other appbased delivery drivers from being classified as company employees eligible for benefits and job protections was leading in early vote counts Tuesday.
The more than $225 million measure bankrolled largely by the titans of the socalled gig economy is the most expensive in state history and had 57 percent of more than 7.5 million votes counted.
The ballot question aims to override lawmakers and the courts and determine whether drivers remain classified as independent contractors, which would preserve the companies’ business model. Uber and Lyft, both based in San Francisco, have threatened to pull out of California if the proposition fails.
Opponents say the companies exploit drivers to keep profits high and that the ballot measure would deprive workers of other rights like overtime pay and workers’ compensation.
Supporters say the measure would allow drivers to maintain the freedom to work hours they choose and would provide other benefits.
Bill French, 62, a former
high school baseball coach voting in Huntington Beach, said he retired early so he could supplement his pay as an Uber driver and work when he wants. He voted in favor of the measure.
“I don’t need them to control me and tell me when I’m going to work and not going to work,” French said.
The gig economy powerhouses — with help from DoorDash, Postmates and Instacart — have collectively spent more than $205 million on Proposition 22 vs. labor’s nearly $20 million.
The spending, doesn’t account which for $30
coupons Uber Eats and other services have been offering customers to promote their brands, will likely put future ballot measure funding on steroids, said political science professor David McCuan of Sonoma State University.
“What Prop. 22 does is it raises the tide of all ballot measures,” McCuan said. “It sets records that are just going to be blown past the next time. It makes the parallel route of direct democracy a playground that will be measured in the billions in a few (election) cycles.”
If more than 50 percent of
votes are in favor of the measure, drivers would remain independent contractors exempt from mandates such as sick leave and expense reimbursement. Drivers would receive some “alternative benefits,” including a guaranteed minimum wage and subsidies for health insurance if they average 25 hours of work a week.
If the measure fails, drivers would be subject to the same labor laws as other workers covered by the landmark state labor law known as AB5, which was aimed at Uber and Lyft and provides job protections and benefits.