Comparing worker rights under AB5 and proposed gig worker ballot initiative

Labor standard As employees under AB5 As exempted gig workers under ballot initiative (Protect App-Based Drivers and Services Act)
Minimum wage √  X*
Overtime pay X
Unemployment insurance X
Workers’ compensation X
Paid sick days X
Paid family leave X
Discrimination and sexual harassment protections
Right to join a union X X

*The UC Berkeley Labor Center estimates that loopholes in the initiative leave Uber and Lyft drivers with a pay guarantee that is equivalent of a wage of $5.64 per hour, far less than the 120% earnings guarantee provided by the initiative. See Ken Jacobs and Michael Reich, “The Uber/Lyft Ballot Initiative Guarantees only $5.64 an Hour,” UC Berkeley Labor Center blog, October 31, 2019.

Source: A.B. 5, 2019–20 Assemb., Reg. Sess. (Cal. 2019); Nielsen Merksamer LLP. 2019. Memorandum, Request for Title and Summary for Proposed Initiative Statute: Section 1, Chapter 10.5, App-Based Drivers and Services. Received by California Attorney General Xavier Becerra’s Office, October 29, 2019.

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