California Judge Renders Gig Worker Law Unenforceable

A judge ruled against California's Proposition 22, which let ride-hailing and delivery businesses classify workers as independent contractors and discouraged unionization efforts.

2 minute read

August 24, 2021, 12:00 PM PDT

By Diana Ionescu @aworkoffiction


Uber Car

mikedotta / Shutterstock

Margot Roosevelt and Suhauna Hussain report on a decision that reopens the debate on the gig economy in California and could have lasting repercussions as ride-hailing companies seek to fight regulation in other states. Last Friday, "a state Superior Court judge invalidated a 2020 ballot proposition that allowed Uber, Lyft, DoorDash, Instacart and other app-based businesses to classify their workers as independent contractors." 

Historically, "California courts are often hesitant to overturn ballot measures because the move can be seen as challenging the will of the people." But "[i]n a lawsuit brought by the Service Employees International Union and several drivers, Alameda County Superior Court Judge Frank Roesch ruled that Proposition 22 is unconstitutional and unenforceable" because it "infringes on the power of the Legislature explicitly granted by the state Constitution to regulate compensation for workers’ injuries." According to Judge Roesch, "[b]y including language aimed at preventing drivers from unionizing, the ballot measure also violates a constitutional provision that requires laws and initiatives to be limited to a single subject." Because "a ballot initiative cannot be amended after it is passed by voters, any unconstitutional provision renders it unenforceable."

"Uber and other gig economy companies spent more than $220 million last year in the nation’s costliest-ever ballot initiative campaign to exempt their drivers from a 2019 law, AB 5, requiring gig workers across many industries to be classified as employees with benefits such as minimum wage, overtime and workers’ compensation in case of injury." Uber plans to appeal the decision.

Friday, August 20, 2021 in Los Angeles Times

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 23, 2025 - Diana Ionescu

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20, 2025 - Streetsblog USA

View of Washington state capitol dome in Olympia, Washington at golden hour.

Washington Legislature Passes Rent Increase Cap

A bill that caps rent increases at 7 percent plus inflation is headed to the governor’s desk.

April 29 - Washington State Standard

Low view of Glendale Narrows section of Los Angeles River with concrete bottom and cloudy storm sky over head.

From Planning to Action: How LA County Is Rethinking Climate Resilience

Chief Sustainability Officer Rita Kampalath outlines the County’s shift from planning to implementation in its climate resilience efforts, emphasizing cross-departmental coordination, updated recovery strategies, and the need for flexible funding.

April 29 - The Planning Report

Grandparents sitting on bench with young girl and boy, girl holding ball and boy holding ukelele.

New Mexico Aging Department Commits to Helping Seniors Age ‘In Place’ and ‘Autonomously’ in New Draft Plan

As New Mexico’s population of seniors continues to grow, the state’s aging department is proposing expanded initiatives to help seniors maintain their autonomy while also supporting family caregivers.

April 29 - Source NM