Ride-share drivers of the California Gig Workers Union at press conference outside the Supreme Court of California in San Francisco on May 21, 2024. The state Supreme Court heard oral arguments on Prop. 22, a ballot initiative that allows rideshare companies, such as Uber and Lyft, to classify drivers as independent contractors.
A crowd of protesters hold Prop. 22 signs with their mouths open and fists in the air. One prominent sign reads, “Unconstitutional Prop 22, Bad for Workers, Bad for the Economy, Bad for California.” Laura Robinson is among the workers who have had to aggressively pursue what they believe they’re owed under the law. For the past year, she has filed claims with the state and fought two different gig-work companies for different benefits promised under Prop. 22.
Instacart spokesperson Charlotte Healow said all the company’s shopper support agents should know about “shopper injury protection” and that there is information in the app about how to go about filing claims. But Robinson showed CalMatters several screenshots of her chats with support agents who either thought she was asking about health insurance or who told her someone would email her back about her situation — which eventually happened, though it took a few tries.
The claims also shed light on the mechanics of how app companies are allegedly withholding wages. In them, some gig workers claimed that they were deactivated — kicked off or fired by the app — before receiving all their wages. Those cases predate Prop. 22, originating during a period when gig workers were misclassified and should have been considered employees under California law, the labor commissioner argues in the wage-theft suits. After Prop. 22 passed, opponents challenged it and the case ended up before the California Supreme Court, which upheld the law in July, effectively affirming that drivers are independent contractors, not employees.
Scott Kronland, the attorney for Service Employees International Union California who unsuccessfully argued before the state Supreme Court that it should throw out Prop. 22, told CalMatters: “I’ve also heard from drivers that they’re not getting the things they’re promised by Prop. 22.” To better understand the impact of Prop. 22, CalMatters asked each of the four largest gig companies — Uber, Lyft, DoorDash and Instacart — the following:Whether they have passed on costs to consumers, and if so, where they account for those customer fees in their public financial filings.Lyft said 85% of California Lyft drivers who have driven for the company since Prop.
None of the other companies would give any information on their delivery of the stipend. Lyft’s Reddick-Smith said 80% of California Lyft drivers already have health care coverage, including 13% who bought their own coverage . As for complaints related to the promises, each of the companies said workers should contact support agents, whom they can usually get in touch with in the app; an Instacart spokesperson said workers can make some claims directly in the company’s app.Ride-hailing driver Sergio Avedian last year helped raise public awareness of the lack of Prop. 22 enforcement.