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ARTICLE · 30 JULY 2024

California Supreme Court Upholds App-Based Driver Worker Classification Statute

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On July 25, 2024, the California Supreme Court issued an opinion upholding the statewide ballot measure that classifies app-based drivers as independent contractors.

United StatesEmployment and HR
Sara Alexis Levine Abarbanel
Sara Alexis Levine Abarbanel
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On July 25, 2024, the California Supreme Court issued an opinion upholding the statewide ballot measure that classifies app-based drivers as independent contractors. Voters passed the law (also known as Proposition 22) in November 2020, funded in large part by app-based rise services. The law exempts app-based drivers from the otherwise-required "ABC" test to determine if a worker is an independent contractor or an employee.

What is the law that was challenged?

In November 2020, California voters passed Proposition 22 (California Business & Professions Code § 7448 et seq.), which made app-based drivers independent contractors — rather than employees — if:

  1. The network company does not unilaterally prescribe specific dates, times of day, or a minimum number of hours during which the app-based driver must be logged into the network company's online-enabled application or platform.

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