Economic security & the regulation of gig work in California: From AB5 to Proposition 22

Abstract

Employment is the primary legal and political means to address economic inequality in the United States. With the evisceration of the welfare state, employment is also key to democratic outcomes. Despite this, self-employed work deployed by labour platforms like Uber has grown in recent years. What can we learn from worker demands and recent regulatory attempts to clarify and extend who is covered by employment protections? Based on a decade of legal and ethnographic research in the state of California, I situate the legal and regulatory history of labour platform work in the context of platform workers’ experiences and responses to the insecurities and poverty promulgated by their putative status as independent contractors. In highlighting this history, I argue that self-organised labour platform workers were critical to the passage of a state law (AB5) that would have forced companies to treat them as employees—with access to predictable living wages, unemployment insurance, workers’ compensation, and health insurance, among other safety net protections. Finally, I show how, leveraging tremendous structural and instrumental power, the major labour platform companies, in the middle of the global Coronavirus pandemic, sponsored a successful referendum on AB5, and lay out the anti-democratic implications of the referendum's passage.