Brigham Young University Prelaw Review


Gig-economy, Proposition 22, Employee, Independent Contractor, Borello, Assembly Bill 5, ABC Test, Uber Technologies, Rideshare App, Employment Law, California


With the emergence of the gig-economy, the doctrine distinguishing independent contractors from employees has never been more relevant in the state of California. Currently, the state faces a legal battle regarding employment misclassification of rideshare apps’ drivers, specifically Uber Technologies. While many believe that drivers should be entitled to the label of employee and receive benefits and protections under the California Labor Code, the law is not tailored to this new market and renders itself ambiguous. Although many solutions were presented in the past, such as the Borello Test, the ABC Test, Assembly Bill 5, and Proposition 22, no employment classification test or proposed legislation has yet resolved the misclassification issues in the gig-economy world. Due to these reasons, this paper advocates a reformed classification test that will be tailored to the needs of the gig-economy.