Comparing worker rights under AB5 and Proposition 22
| Labor standard | As employees under AB5 | Under Prop. 22 |
|---|---|---|
| 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 | √ | √ |
*The UC Berkeley Labor Center estimates that loopholes in the initiative leave Uber and Lyft drivers with a pay guarantee that is equivalent to a wage of $5.64 per hour, far less than the 120% earnings guarantee provided by the initiative and the $13 minimum wage they would be guaranteed as employees under California law. 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.
Sources: A.B. 5, 2019–20 Assemb., Reg. Sess. (Cal. 2019); California Secretary of State, “Qualified Statewide Ballot Measures” (web page accessed October 21, 2020).