Full time drivers already enjoyed benefits under California law. While Prop 22 talked about giving benefits, that’s not what the law does in practice at all. In fact, it actually removes protections. The key to this surprising revelation is that Uber et al wrote proposition so that only when you’re actively driving do the minutes count towards the amount you need to gain the benefit. In other words, to get the 25 hours of engaged time, you need to be available for 40+ hours. That’s a full time job.
To make this a concrete example, consider a DoorDash driver. They get an order to drive to a restaurant. Clock starts, they get 15 minutes. The order isn’t ready, so they’re waiting for another 15 minutes, but the clock is stopped. Then they drive to your house, which takes another 15. A 45 minute task, but only 30 minutes counts. “But they’re not working when they’re waiting!” DoorDash cries. But they’re not free to leave, because then they’d lose the entire payout and get blackballed. It’s just a process inefficiency. If the driver worked for the restaurant, they’d still get paid while waiting.
The original law that Prop 22 replaced, addressed this down time, and because of this, Prop 22 was written.
While there maybe reasonable arguments to be made about how gig work is different from full time and traditional contractor work, the most damning part of Prop 22 for me was the 7/8s majority needed to amend the new law. That’s just bullshit.