California companies wrote their own gig worker law. Now no one is enforcing it

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Prop 22,Gig Economy,Workers

Prop. 22 promised improved pay and benefits for California gig workers. But when companies fail to deliver, the state isn’t doing much to help push back.

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Although the number of claims filed with the state represent just a fraction of the more than 1 million gig workers in California, they give a glimpse into what happens when workers turn to the state for help instead of the companies that backed Prop. 22. Robinson, who lives in Irvine, tried to get Instacart to retroactively provide her with occupational accident insurance as required under Prop. 22.When she first contacted Instacart about the collision, “four or five different told me on chat ‘we don’t provide insurance,’ but I told them this is California,” Robinson said. “Finally someone said ‘oh yeah, I know what you’re talking about.

Most of the claimants sought delayed or unpaid wages, including adjustments owed under Prop. 22. Others sought health care stipends required under the gig-work law, and one driver said he sought occupational accident insurance but did not receive it. The Industrial Relations Department has long tried to resolve gig workers’ wage disputes. The labor commissioner, who heads the department’s Labor Standards Enforcement Division, still has pendingagainst Uber and Lyft that it filed in 2020 on behalf of about 5,000 workers with wage claims going back to 2017.

Now that the department has disavowed responsibility for Prop. 22 claims, the question remains: Who will enforce the law? When CalMatters previously asked the attorney general’s office for copies of any wage complaints it had received from gig workers thus far, a spokesperson responded that the office was representing the state in its effort to defendGig companies have said that, due in part to the initiative’s earnings guarantee, workers now make more than $30 an hour.

DoorDash spokesperson Parker Dorrough said that just 11% of eligible couriers used the health care stipend in the fourth quarter of 2023 but that 80% of DoorDash’s delivery workers had health care coverage through another source, such as their full-time job or spouse. Uber published a blog post after CalMatters’ questions, saying it has “invested” more than $1 billion in Prop. 22 benefits. Arab would not break down these benefits further.

 

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