CA Supremes to Review Independent Contractor Initiative Challenged by App-Based Drivers

The California Supreme Court announced that it would review the constitutionality of Proposition 22, a provision approved by voters in November of 2020 which created exceptions for specific app-based workers such as Uber, Lyft, and DoorDash drivers from the State’s elevated bar for classifying workers as independent contractors. The Proposition had initially been ruled unconstitutional in state court as invading the Legislature’s plenary power in setting workers’ compensation laws. This decision was undermined by a split appellate panel which ruled that while voters had the lawmaking authority under the State Constitution, the initiative’s claimed definition of what constitutes an amendment violated separation of powers principles.  Practically speaking, however, this put the Proposition’s exception back into effect. 

The State Supreme court unanimously granted a petition to review the appellate ruling which was filed by the drivers who claim that the Proposition deprives thousands of employment protections. The State maintains that the Proposition had broad support from California voters and hopes to maintain the Appellate ruling. The case is Castellanos v. State of California et al., case number S279622, in the Supreme Court of the State of California. 

A related federal case also involves the Proposition, and the State has already petitioned for an en banc examination of the issue in Olson v. California , 9th Cir. App., No. 20-55267.