Sunday, October 4, 2020

 Proposition 22--Vote YES

There are so  many negative ads on TV with politics and political issues in general, that the truth of the matter is difficult to sort out.

Even the pro-Bernie facebook page is urging a "NO" vote on this proposition, incorrectly claiming it will take away app-based drivers rights and protections.  Not true; it is actually under current law that they have neither.

Read on--I've excerpted by direct copy and paste from the actual text of the proposed law, and highlighted and/or placed in red and/or boldface type the relevant portions disproving the position of the "no on 22" crowd.  


"Section 7449:(f) App-based rideshare and delivery drivers deserve economic security. This chapter is necessary to protect their freedom to work independently, while also providing these workers new benefts and protections not available under current law. These benefts and protections include a healthcare subsidy consistent with the average contributions required under the Affordable Care Act (ACA); a new minimum earnings guarantee tied to 120 percent of minimum wage with no maximum; compensation for vehicle expenses; occupational accident insurance to cover on-the-job injuries; and protection against discrimination and sexual harassment. (g) California law and rideshare and delivery network companies should protect the safety of both drivers and consumers without affecting the right of appbased rideshare and delivery drivers to work as independent contractors. Such protections should, at a minimum, include criminal background checks of drivers; zero tolerance policies for drug- and alcoholrelated offenses; and driver safety training


"7450. Statement of Purpose. The purposes of this chapter are as follows: (a) To protect the basic legal right of Californians to choose to work as independent contractors with rideshare and delivery network companies throughout the state. (b) To protect the individual right of every app-based rideshare and delivery driver to have the fexibility to set their own hours for when, where, and how they work. (c) To require rideshare and delivery network companies to offer new protections and benefts for app-based rideshare and delivery drivers, including minimum compensation levels, insurance to cover on-the-job injuries, automobile accident insurance, health care subsidies for qualifying drivers, protection against harassment and discrimination, and mandatory contractual rights and appeal processes. (d) To improve public safety by requiring criminal background checks, driver safety training, and other safety provisions to help ensure app-based rideshare and delivery drivers do not pose a threat to customers or the public.


"7453. Earnings Guarantee. (a) A network company shall ensure that for each earnings period, an appbased driver is compensated at not less than the net earnings floor as set forth in this section. The net earnings floor establishes a guaranteed minimum level of compensation for app-based drivers that cannot be reduced. In no way does the net earnings floor prohibit app-based drivers from earning a higher level of compensation. (b) For each earnings period, a network company shall compare an app-based driver’s net earnings against the net earnings floor for that app-based driver during the earnings period. In the event that the app-based driver’s net earnings in the earnings period are less than the net earnings foor for that earnings period, the network company shall include an additional sum accounting for the difference in the app-based driver’s earnings no later than during the next earnings period.


"Article 4: Benefits

Healthcare Subsidy. (a) Consistent with the average contributions required under the Affordable Care Act (ACA), a network company shall provide a quarterly health care subsidy to qualifying app-based drivers as set forth in this section. An app-based driver that averages the following amounts of engaged time per week on a network company’s platform during a calendar quarter shall receive the following subsidies from that network company: 22 (1) For an average of 25 hours or more per week of engaged time in the calendar quarter, a payment greater than or equal to 100 percent of the average ACA contribution for the applicable average monthly Covered California premium for each month in the quarter. (2) For an average of at least 15 but less than 25 hours per week of engaged time in the calendar quarter, a payment greater than or equal to 50 percent of the average ACA contribution for the applicable average monthly Covered California premium for each month in the quarter.


"7455. Loss and Liability Protection. No network company shall operate in California for more than 90 days unless the network company carries, provides, or otherwise makes available the following insurance coverage: (a) For the benefit of app-based drivers, occupational accident insurance to cover medical expenses and lost income resulting from injuries suffered while the app-based driver is online with a network company’s online-enabled application or platform. Policies shall at a minimum provide the following: (1) Coverage for medical expenses incurred, up to at least one million dollars ($1,000,000). (2) (A) Disability payments equal to 66 percent of the app-based driver’s average weekly earnings from all network companies as of the date of injury, with minimum and maximum weekly payment rates to be determined in accordance with subdivision (a) of Section 4453 of the Labor Code for up to the frst 104 weeks following the injury."


For further in depth information, here is the link to the text from which I took the above references:

Text of Proposed Prop. 22 Law



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