Rideshare & Gig Worker Lawyer in Los Angeles & Glendale

If you drive for a rideshare or delivery app in Los Angeles County—or you work “gigs” through an online platform—and you are unpaid, underpaid, deactivated, or unsure what California law still protects, MAGISA LAW can help you understand your options. Every situation is different. We are a plaintiff-side employment firm in Glendale that represents employees and workers seeking to understand their workplace rights.

Call 888-818-1099 or visit our contact page for a free consultation to talk through your situation with an attorney.

Who this page is for

This page focuses on app-based rideshare and delivery drivers for transportation or delivery network companies (commonly platforms such as Uber, Lyft, DoorDash, Instacart, and similar apps), and on other gig or platform workers who may still be covered by California’s ABC employee test.

For the general ABC test, exemptions, and related wage topics for workers outside Proposition 22, see our independent contractor misclassification page.

Proposition 22 in plain terms

California voters approved Proposition 22 in November 2020. It added Chapter 10.5 (Business and Professions Code sections 7448–7467), the Protect App-Based Drivers and Services Act. For qualifying relationships, section 7451 provides that an app-based driver is an independent contractor and not an employee of the network company if the company meets all of these conditions:

1. It does not unilaterally prescribe specific dates, times of day, or a minimum number of hours the driver must be logged into the app.
2. It does not require the driver to accept any specific ride or delivery request as a condition of keeping access to the app.
3. It does not restrict the driver from performing rideshare or delivery services through other network companies except during engaged time.
4. It does not restrict the driver from working in any other lawful occupation or business.

See Business and Professions Code section 7451. When those conditions are met, many Labor Code employee protections that turn on employee status do not apply to that network-company relationship. Proposition 22 instead creates a separate package of compensation and benefit rules for covered app-based drivers. Whether section 7451 applies to a particular driver depends on the facts.

What Prop 22 provides (general overview)

Covered network companies must provide certain compensation floors and related benefits under the Act. Key pieces in the statute include:

• Earnings guarantee (net earnings floor). For each earnings period (not more than 14 consecutive calendar days), the company must ensure the driver’s net earnings meet a floor equal to (A) 120% of the applicable minimum wage for all engaged time, plus (B) a per-engaged-mile vehicle-expense amount. If net earnings fall short, the company must make up the difference no later than the next earnings period. Tips are protected: the company may not take or keep a driver’s tips. See Business and Professions Code section 7453.
• Engaged time / engaged miles. The earnings floor is built around time and miles while completing an accepted request—not all time waiting on the app between requests. That distinction matters when evaluating whether the guarantee was met.
• Per-mile compensation. Section 7453 sets a per-engaged-mile payment with annual CPI-U adjustments published by the State Treasurer’s Office. See treasurer.ca.gov/prop-22 for the current year’s rate.
• Health-care stipend. Qualifying drivers who average enough engaged hours in a quarter may be eligible for a quarterly health-care stipend tied by statute to a percentage of the average statewide Covered California bronze premium (Business and Professions Code section 7454). Exact dollar amounts change with Covered California averages and company notices—we do not post dollar figures here. Bring your stipend notices to a consultation if you have questions.
• Occupational accident and accidental death insurance. A network company that operates in California must carry, provide, or otherwise make available occupational accident insurance covering medical expenses and lost income for injuries while a driver is online, and accidental death insurance for eligible dependents, subject to the statute’s definitions and limits. See Business and Professions Code section 7455.
• Contract and related procedures. The Act also addresses contract termination and appeals procedures (section 7452) and other provisions in Chapter 10.5. Which provisions matter for a given situation is fact-specific.

We cite current official figures only where they are published by the State. Do not assume last year’s mileage or stipend amounts still apply.

Who Prop 22 does not cover

Proposition 22’s independent-contractor rule is limited to qualifying app-based drivers for covered transportation or delivery network companies under the statutory definitions. It does not rewrite classification for every gig worker in California.

• Workers who are not “app-based drivers” under the Act (for example, many other platform or freelance roles) may still be analyzed under Labor Code section 2775’s ABC test—or Borello where an exemption applies. See our misclassification page and the DIR independent-contractor FAQ.
• Even for app drivers, section 7451’s contractor status depends on the network company actually meeting the four independence conditions. Fact disputes about control, required acceptance, or other conditions can matter.

Current case-law status: Castellanos (2024)

After Proposition 22 took effect, plaintiffs challenged its constitutionality. On July 25, 2024, the California Supreme Court decided Castellanos v. State of California (S279622). The Court held that Business and Professions Code section 7451 does not conflict with article XIV, section 4 of the California Constitution in the manner argued, and it declined to decide a separate question about future legislative amendment limits under section 7465. In practical terms: section 7451’s independent-contractor rule for qualifying app-based drivers remains in force following that decision. Always confirm whether later legislation or cases change the analysis.

Some older law-firm web pages still describe only the 2021 trial-court ruling that found Prop 22 unconstitutional. That description is incomplete after the 2024 Supreme Court decision.

Topics rideshare and delivery drivers often ask about

Independent-contractor status under Prop 22 does not mean “no rights.” Depending on the facts, drivers may want to discuss with counsel:

• Whether the Prop 22 earnings floor under section 7453 was met (120% engaged-time wage component + per-mile amount; make-up pay rules).
• Tip practices under section 7453(c).
• Health stipend eligibility questions under section 7454.
• Contract termination / deactivation notices and the appeals process described in section 7452.
• Whether Prop 22 applies at all (worker not an app-based driver; network company failed §7451 conditions; or work outside the Act), which may open a different analysis under the ABC test and related Labor Code wage topics. Cross-links: unpaid wages, wage and overtime, meal and rest breaks, reimbursement, misclassification.

Every case is different. Call for a free consultation to talk through your situation with an attorney—we can dive deeper once we know the facts.

What to gather

1. App earnings statements, weekly summaries, and screenshots of engaged time / miles.
2. Records of tips, incentives, and any “make-up” payments labeled as Prop 22 adjustments.
3. Deactivation or termination notices and any appeal submissions.
4. Health stipend eligibility notices and proof of coverage you submitted.
5. A simple log of dates you believe the earnings floor or stipend was short.

Free consultation with MAGISA LAW

MAGISA LAW offers a free consultation for workers in Glendale, Los Angeles, and surrounding communities. Call 888-818-1099, email hello@magisalaw.com, or use the contact form to talk through your situation with an attorney.

Consultations are available in English, Spanish, Armenian, and Russian with an attorney.

Office: 2550 Honolulu Ave, Suite 105, Glendale, CA 91020. See also our Glendale employment lawyer page.

Frequently asked questions

Are Uber and Lyft drivers employees in California?

Under Business and Professions Code section 7451, qualifying app-based drivers are independent contractors as to the network company when the four statutory independence conditions are met. The California Supreme Court upheld section 7451 against the constitutional challenge presented in Castellanos (2024). Drivers may still have questions about Prop 22 compensation or other topics depending on the facts—every situation is different.

Does Prop 22 pay me for all time online?

No. The statutory earnings floor is built on engaged time and engaged miles tied to accepted requests, plus the per-mile amount—not all waiting time between requests. See section 7453.

What is the 2026 per-mile rate?

The per-mile rate adjusts each year. Check the State Treasurer’s Prop 22 page at treasurer.ca.gov/prop-22 for the current rate.

I deliver food but also do other gig work. Which law applies?

Prop 22 addresses qualifying app-based driver relationships with network companies. Other gigs may fall under the ABC test or another exemption. Bring both work arrangements to your consultation so counsel can sort which framework may apply.

How much does it cost to talk with MAGISA LAW?

There is no fee to discuss your matter. The consultation is free and confidential.