Popular Demand Letters for Gig Workers

California gig workers have strong protections under AB5 and Prop 22. Know your rights.

⚖

Misclassification Claims (AB5)

Challenge your independent contractor status under AB5 and the Dynamex ABC test. If misclassified, recover employee benefits and protections.

✅ High Value Claims
💰

Expense Reimbursement

Recover vehicle costs, gas, phone expenses, and mileage under CA Labor Code 2802. Average driver owed $1,500+ in unreimbursed expenses.

✅ Labor Code 2802
🚫

Deactivation Without Cause

Fight unfair or sudden deactivation from platforms. Demand reinstatement, back pay, and explanations required under your driver agreement.

✅ Urgent Priority
🎯

Prop 22 Benefits Claims

App-based drivers: Claim guaranteed 120% minimum wage, healthcare stipends, and occupational accident insurance under Prop 22.

✅ CA Drivers
⭐

Unfair Ratings/Reviews

Challenge fraudulent customer reviews affecting your pay and standing. Platforms must provide fair rating dispute processes.

✅ Pay Protection
💵

Tip Transparency

Demand full disclosure of tips and ensure 100% of customer tips reach you. Fight tip theft and hidden fees reducing your earnings.

✅ Full Tips
⏳

Waiting Time During Trips

Claim compensation for unpaid waiting time during trips, at restaurants, or at customer locations. Time is money.

✅ Wage Recovery
🔍

Background Check Disputes

Challenge inaccurate background checks preventing work. FCRA requires accuracy and dispute procedures for consumer reports.

✅ FCRA Rights
🔒

Account Theft/Fraud Recovery

Recover your account from hackers or fraudulent takeover. Demand platform assistance and compensation for lost earnings.

✅ Account Recovery
📈

Minimum Wage Claims

When factoring in expenses, many gig workers earn below minimum wage. Calculate your true hourly rate and demand fair compensation.

✅ Wage Violation
👥

PAGA Claims for Gig Workers

File Private Attorney General Act claims on behalf of yourself and other gig workers. 25% of penalties go directly to workers.

✅ Class Action Alt
🛠

Vehicle Damage Claims

Recover costs when passengers or customers damage your vehicle. Document, report, and demand reimbursement from platforms.

✅ Property Damage

📊 Gig Worker Expense Reality

Most gig workers don't realize how much they're owed in unreimbursed expenses. California law requires reimbursement.

$0.58
Per Mile True Cost (IRS Rate)
$1,500+
Average Annual Expenses Owed
30-40%
Workers Misclassified
$50-100
Monthly Phone/Data Costs

⚖ Key Laws for Gig Workers

AB5 - Employment Status

California's landmark law presumes workers are employees unless the company proves all 3 prongs of the Dynamex ABC test: (A) worker is free from control, (B) work is outside company's usual business, (C) worker has independent business.

CA Labor Code Section 2750.3

Prop 22 - App-Based Driver Exemption

Exempts app-based drivers from AB5 BUT provides: 120% minimum wage guarantee, 30 cents/mile for expenses, healthcare stipend ($1,400+/quarter if qualifying), occupational accident insurance.

CA Business & Professions Code 7448-7467

Labor Code 2802 - Expense Reimbursement

Employers MUST reimburse all necessary business expenses: vehicle costs, gas, phone/data, equipment. Applies if you're classified as employee or successfully challenge misclassification.

CA Labor Code Section 2802

PAGA - Private Attorney General Act

Allows workers to file lawsuits on behalf of themselves and coworkers for Labor Code violations. 25% of penalties go to workers, 75% to state. Powerful tool for gig worker claims.

CA Labor Code Section 2698-2699.5

FCRA - Background Check Rights

Requires accurate background checks, written notice before adverse action, and dispute procedures. If deactivated due to inaccurate report, you may have significant claims.

15 U.S.C. Section 1681

California Minimum Wage

$16.00/hour statewide (2024). If your earnings minus expenses equal less than minimum wage, you may have wage theft claims. Track all hours and expenses carefully.

CA Labor Code Section 1182.12

📱 Platform-Specific Issues

🚗 Uber

Common issues and claims:

  • Upfront pricing disputes
  • Surge pay not passed to drivers
  • Deactivation appeals process
  • Quest/bonus manipulation
  • Prop 22 healthcare stipend claims

🚕 Lyft

Common issues and claims:

  • Power Zone bonus disputes
  • Ride challenge completion issues
  • Express Drive program disputes
  • Insurance claim denials
  • Rating system challenges

🍴 DoorDash

Common issues and claims:

  • Base pay reduction disputes
  • Tip transparency violations
  • Contract violation appeals
  • Completion rate deactivations
  • Dasher Direct issues

🛒 Instacart

Common issues and claims:

  • Batch pay calculations
  • Heavy pay not applied
  • Tip baiting by customers
  • Rating forgiveness requests
  • Shopper support disputes

🏛 Where to File Gig Worker Claims

CA Labor Commissioner

File wage claims for unpaid wages, expenses, and misclassification

Free to file, no attorney needed

dir.ca.gov/dlse

Small Claims Court

Limit: $12,500 for individuals

Fast, informal process

No attorney required

PAGA Claims

File notice with LWDA first

65-day waiting period

PAGA Information

Arbitration (Platform Required)

Most platforms require arbitration

Check if you opted out

PAGA claims not arbitrable

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