App Drivers and Gig Workers: What Prop 22 Covers and What It Does Not

Rideshare and delivery apps operate under Prop 22’s special rules — but those rules have their own guarantees the apps must honor, and plenty of gig work falls outside Prop 22 entirely.

What California Law Says

Proposition 22 exempts qualifying app-based drivers from employee status but mandates an earnings floor of 120 percent of minimum wage for engaged time, per-mile compensation, and healthcare stipends at qualifying hours. Gig platforms outside the covered categories still face the ABC employee test.

How to Fight Back, Step by Step

1. Pull your weekly earnings breakdowns from the app and compare against the Prop 22 engaged-time floor and mileage guarantee.
2. Track healthcare stipend eligibility — averaging 15 or 25 engaged hours weekly triggers payments many drivers never claim.
3. For non-covered platforms, apply the ABC test and pursue employee-status wage claims.
4. Demand shortfalls in writing through the platform and preserve your data exports.
5. File with the Labor Commissioner for non-covered work; consult counsel on Prop 22 guarantee violations.

Common Questions

The app says my time waiting between rides is unpaid. Is that final?

Under Prop 22, the guarantees run on engaged time — but if the platform falls outside Prop 22’s categories, employee-status claims can capture the full controlled time.

I never received a healthcare stipend. Recoverable?

Yes — the stipend is a Prop 22 obligation tied to your quarterly engaged hours and insurance status, and back payments can be demanded.