Gig Platform Disputes FAQ

California gig workers facing Uber or Lyft deactivation have specific rights under Proposition 22, which passed in 2020 and governs app-based transportation and delivery workers. Under California Business and Professions Code Section 7451 (enacted by Prop 22), platforms must provide deactivated workers with written notice of reasons for deactivation, opportunity to appeal through a fair and transparent process, and review of the deactivation by a human reviewer if requested.

The law requires platforms to establish appeals processes meeting specific standards. Document the deactivation notice, stated reasons, and your account history. Submit an appeal through the platform's designated process within the required timeframe. If the deactivation appears arbitrary or retaliatory for exercising protected rights, California Labor Code Section 98.6 prohibits retaliation against workers who file complaints. Additionally, California Business and Professions Code Section 17200 may provide recourse for unfair practices. For systematic issues, file complaints with the California Labor Commissioner or Attorney General.

California's Proposition 22 (codified in Business and Professions Code Sections 7448-7467) significantly impacts gig worker disputes by establishing a framework for app-based transportation and delivery workers. The law classifies covered workers as independent contractors while providing specific protections including minimum earnings guarantee (120% of minimum wage for engaged time), healthcare stipend for qualifying workers, occupational accident insurance, and protection against discrimination and harassment.

For disputes, Prop 22 requires platforms to provide written deactivation notices with reasons, create appeal processes with human review options, and maintain transparency in earnings calculations. However, Prop 22 exempts platforms from many traditional employment law obligations, limiting workers' ability to pursue claims under California Labor Code provisions covering employees. The law's validity was challenged, with California courts largely upholding it while striking down the supermajority amendment requirement. For disputes involving covered platforms, evaluate whether Prop 22 protections apply and document any violations of its specific requirements.

Challenging worker classification in California involves complex legal analysis under state law, particularly after Proposition 22. Under California Labor Code Section 2775 (codifying the ABC test from Dynamex Operations West v. Superior Court), workers are presumed employees unless the hiring entity proves the worker is free from control and direction, performs work outside the usual business, and is engaged in an independently established trade.

However, Prop 22 created an exception for app-based transportation and delivery workers, classifying them as independent contractors with specific protections. If you work for a platform not covered by Prop 22, or believe your work doesn't fit Prop 22's definitions, you may challenge your classification through the California Labor Commissioner (DLSE) or civil lawsuit. California Business and Professions Code Section 2750.3 addresses certain exemptions from the ABC test. Misclassification claims may seek unpaid wages, overtime, expense reimbursements, and other employment benefits. Document your work conditions, level of control exercised by the platform, and economic dependence. Consider consulting an employment attorney for classification disputes involving significant damages.

California provides multiple protections for gig workers facing pay disputes, depending on classification status and platform type. For Prop 22 covered workers (app-based transportation and delivery), Business and Professions Code Section 7453 requires minimum earnings of 120% of local minimum wage for engaged time plus 30 cents per engaged mile. Platforms must provide detailed earnings summaries showing how pay was calculated. If earnings fall below guarantees, workers can dispute through platform processes or file complaints.

For workers classified as employees, California Labor Code Section 200 defines wages broadly, Section 201-202 require timely payment upon termination, and Section 226 mandates detailed wage statements. California Labor Code Section 2802 requires employers to reimburse employees for necessary business expenses. For independent contractors outside Prop 22, contract terms govern payment disputes, with California Civil Code breach of contract remedies available. Document all earnings, expenses, and platform communications. File complaints with the California Labor Commissioner for employee wage claims. California Business and Professions Code Section 17200 provides additional recourse for unfair payment practices.

Appealing DoorDash or Instacart deactivation in California involves platform-specific processes governed by Proposition 22 requirements. Under California Business and Professions Code Section 7451, these platforms must provide written deactivation notices with specific reasons and establish fair appeal processes. DoorDash's appeal process typically involves contacting support, submitting an appeal form, and requesting human review if the initial appeal fails. Instacart has a similar process through their support channels.

Document the deactivation notice, your account history, performance metrics, and any communications. Your appeal should address the specific violation cited, provide evidence of compliance or mitigating circumstances, and request reinstatement. Under Prop 22, you have the right to request review by a human (not algorithm) if initially denied. If the platform fails to follow required procedures, California Business and Professions Code Section 17200 may provide recourse. For deactivations appearing retaliatory (reporting safety issues, exercising rights), California Labor Code Section 98.6 prohibits retaliation. Consider filing complaints with the California Labor Commissioner or Attorney General for systematic violations of deactivation procedures.

California's Proposition 22 mandates specific insurance coverage for app-based transportation and delivery workers, creating enforceable rights for gig workers. Under Business and Professions Code Section 7454, platforms must provide occupational accident insurance covering medical expenses and lost income from on-the-job injuries. This coverage must include at least $1 million in coverage for medical expenses and disability payments equal to 66% of average weekly earnings (up to specified caps) during recovery.

Coverage applies from the time a worker accepts a service request until completion of that request. Additionally, platforms must maintain automobile liability insurance during engaged time under California Vehicle Code requirements. For rideshare drivers, insurance requirements are tiered: Period 1 (app on, no match) requires minimum liability coverage; Period 2 (matched, en route) requires higher limits; Period 3 (passenger in vehicle) requires commercial-level coverage. If injured while working, document the incident, report through the platform, and file insurance claims promptly. If coverage is denied improperly, California Insurance Code provisions and Business and Professions Code Section 17200 may provide remedies.

California gig workers have protections against discrimination and harassment, though the legal framework differs from traditional employment. Proposition 22 explicitly prohibits platforms from discriminating against workers based on protected characteristics, creating a statutory right under Business and Professions Code Section 7455. This includes protection from discrimination based on race, religion, national origin, disability, sex, sexual orientation, and other protected classes.

Additionally, California Civil Code Section 51 (Unruh Civil Rights Act) prohibits discrimination by businesses against any person, potentially covering platform-worker relationships regardless of classification. California Government Code Section 12940 (FEHA) protections fully apply if the worker is actually an employee despite platform classification. For harassment, platforms must maintain policies preventing sexual harassment and discrimination. Document all discriminatory or harassing conduct, including communications, algorithmic patterns suggesting bias, and comparative treatment. File complaints with the California Department of Fair Employment and Housing (DFEH) or pursue civil claims. Consider whether the arbitration clause in your platform agreement affects your venue options, and evaluate unconscionability arguments under California law.

Arbitration clauses in gig platform agreements significantly impact California workers' dispute resolution options, but California law provides some protections. Under the Federal Arbitration Act (9 U.S.C. Section 2), arbitration agreements are generally enforceable. However, California courts apply heightened scrutiny through the Armendariz v. Foundation Health Psychcare Services standards, evaluating procedural unconscionability (adhesive, take-it-or-leave-it contracts) and substantive unconscionability (unreasonably one-sided terms).

California courts have found some gig worker arbitration clauses unconscionable, particularly provisions waiving PAGA claims (though this area is evolving following Viking River Cruises v. Moriana). For Prop 22 covered workers, Business and Professions Code Section 7465 specifically preserves the right to pursue PAGA claims in court. Small claims court often remains available as many arbitration clauses exclude it. California Labor Code Section 229 makes arbitration agreements for wage claims unenforceable, though federal preemption issues complicate this. Before accepting arbitration or pursuing claims, evaluate the specific arbitration terms, potential unconscionability arguments, and whether exceptions apply to your claims.

California gig workers should maintain comprehensive records to support potential disputes regarding pay, deactivation, or classification issues. For earnings documentation, save all pay statements and earnings summaries required under Prop 22 (Business and Professions Code Section 7453), screenshots of guaranteed minimum earnings communications, records of engaged time versus total time online, and mileage logs for vehicle expenses.

For deactivation protection, document performance metrics and ratings history, all platform communications especially policy violation notices, screenshots of account status changes, and any pattern of issues preceding deactivation. For classification disputes, maintain evidence of control exercised by the platform including scheduling requirements, mandatory training or procedures, equipment requirements, and restrictions on working for competitors. Keep expense records including vehicle costs, phone and data, supplies, and other work-related expenses under California Labor Code Section 2802 standards. California Evidence Code Section 1552 governs electronic record authentication, so maintain original files where possible. Store records securely for at least four years (California Code of Civil Procedure Section 337 statute of limitations for written contracts).

California gig workers' ability to recover expenses depends on their classification status and applicable legal framework. For workers classified as employees, California Labor Code Section 2802 requires employers to indemnify employees for all necessary expenditures incurred in discharge of duties, including vehicle expenses, phone costs, and supplies. This provides a strong basis for expense recovery in misclassification cases.

For Prop 22 covered workers (app-based transportation and delivery), Business and Professions Code Section 7453 provides 30 cents per engaged mile to cover vehicle expenses, but this replaces rather than supplements traditional expense reimbursement claims for covered costs. If the mileage rate doesn't cover actual costs, disputes may arise regarding adequacy. For independent contractors outside Prop 22, contract terms govern expense allocation. If the platform agreed to reimburse expenses and failed to do so, California Civil Code breach of contract remedies apply. Document all work-related expenses with receipts, mileage logs, and records showing business purpose. For employee expense claims, file with the California Labor Commissioner. For contract-based claims, small claims court handles disputes up to $10,000. Consider whether your actual classification supports employee expense reimbursement claims regardless of platform's characterization.