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Gig Companies in California Get Legal Green Light to Continue Treating Workers as Contractors

In a recent court ruling, gig companies in California have been given the green light to continue treating their workers as independent contractors, rather than employees. The decision has major implications for the gig economy and its workers, as well as for businesses in other states that are considering similar legislation.


The gig economy has been growing rapidly in recent years, with companies like Uber, Lyft, and DoorDash leading the way. These companies rely on a large pool of independent contractors to provide services to their customers, rather than hiring employees. This model has been controversial, as many argue that it allows companies to avoid providing benefits and protections to their workers, while also shifting the costs of operating their businesses onto the workers themselves.

In California, a state with a large and active gig economy, lawmakers passed a law in 2019 that aimed to reclassify many gig workers as employees, rather than contractors. The law, known as Assembly Bill 5 (AB5), was designed to provide these workers with a range of protections, including minimum wage and overtime pay, workers’ compensation, and unemployment insurance.

However, gig companies fought back against AB5, arguing that it would force them to reclassify their workers and significantly increase their labor costs. In response, they sponsored a ballot initiative, Proposition 22, which was approved by California voters in November 2020. Prop 22 exempts gig companies from AB5 and allows them to continue treating their workers as independent contractors.

The Court Ruling

Despite the passage of Prop 22, labor unions and other worker advocacy groups continued to challenge the gig companies’ classification of their workers as contractors. In February 2021, a California judge ruled that Prop 22 was unconstitutional, as it limited the state’s ability to protect workers’ rights.

However, on March 12, 2023, the California Supreme Court overturned that ruling and upheld the constitutionality of Prop 22. In a 5-2 decision, the court found that Prop 22 did not violate the state constitution and that gig companies could continue to treat their workers as contractors.

The court’s decision is a major victory for gig companies and their workers, as it allows them to avoid the costs and administrative burdens of treating workers as employees. However, it is also a blow to labor unions and worker advocacy groups, who argue that gig workers are being exploited and denied basic labor protections.


The court’s decision is likely to have far-reaching implications for the gig economy and its workers. In California, gig companies will be able to continue operating under the contractor model, and workers will not be entitled to the benefits and protections that come with employee status.

However, the ruling may also have broader implications for businesses in other states that are considering similar legislation. If courts in other states follow California’s lead and uphold the contractor model, it could provide a legal framework for gig companies to operate in other parts of the country without having to reclassify their workers.

The decision may also fuel further debate and litigation over the status of gig workers and the legal responsibilities of gig companies. As the gig economy continues to grow and evolve, it is likely that this issue will remain at the forefront of labor and employment law.

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