Code Section Group

Business and Professions Code - BPC

DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.11]

  ( Heading of Division 3 added by Stats. 1939, Ch. 30. )

CHAPTER 10.5. App-Based Drivers and Services [7448 - 7467]

  ( Chapter 10.5 added November 3, 2020, by initiative Proposition 22, Sec. 1. )

ARTICLE 2. App-Based Driver Independence [7451 - 7452.5]
  ( Article 2 added November 3, 2020, by initiative Proposition 22, Sec. 1. )

7451.
  

Protecting Independence. Notwithstanding any other provision of law, including, but not limited to, the Labor Code, the Unemployment Insurance Code, and any orders, regulations, or opinions of the Department of Industrial Relations or any board, division, or commission within the Department of Industrial Relations, an app-based driver is an independent contractor and not an employee or agent with respect to the app-based driver’s relationship with a network company if the following conditions are met:

(a) The network company does not unilaterally prescribe specific dates, times of day, or a minimum number of hours during which the app-based driver must be logged into the network company’s online-enabled application or platform.

(b) The network company does not require the app-based driver to accept any specific rideshare service or delivery service request as a condition of maintaining access to the network company’s online-enabled application or platform.

(c) The network company does not restrict the app-based driver from performing rideshare services or delivery services through other network companies except during engaged time.

(d) The network company does not restrict the app-based driver from working in any other lawful occupation or business.

(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)

7452.
  

Contract and Termination Provisions. (a) A network company and an app-based driver shall enter into a written agreement prior to the driver receiving access to the network company’s online-enabled application or platform.

(b) A network company shall not terminate a contract with an app-based driver unless based upon a ground specified in the contract.

(c) Network companies shall provide an appeals process for app-based drivers whose contracts are terminated by the network company.

(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)

7452.5.
  

Independence Unaffected. Nothing in Article 3 (commencing with Section 7453) to Article 11 (commencing with Section 7467), inclusive, of this chapter shall be interpreted to in any way alter the relationship between a network company and an app-based driver for whom the conditions set forth in Section 7451 are satisfied.

(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)

BPCBusiness and Professions Code - BPC2