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

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

§§ 7448–7467 · 23 sections

1. ARTICLE 1. Title, Findings and Declarations, and Statement of Purpose §§ 7448–7450 · 3 sections

   • § 7448 Title. This chapter shall be known, and may be cited, as the Protect App-Based Drivers and Services Act.
   • § 7449 Findings and Declarations. The people of the State of California find and declare as follows: (a) Hundreds of thousands of Californians are choosing to work as…
   • § 7450 Statement of Purpose. The purposes of this chapter are as follows: (a) To protect the basic legal right of Californians to choose to work as independent…
2. ARTICLE 2. App-Based Driver Independence §§ 7451–7452.5 · 3 sections

   • § 7451 Protecting Independence. Notwithstanding any other provision of law, including, but not limited to, the Labor Code, the Unemployment Insurance Code, and any…
   • § 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…
   • § 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…
3. ARTICLE 3. Compensation § 7453 · 1 section

   • § 7453 Earnings Guarantee. (a) A network company shall ensure that for each earnings period, an app-based driver is compensated at not less than the net earnings…
4. ARTICLE 4. Benefits §§ 7454–7455 · 2 sections

   • § 7454 Healthcare Subsidy. (a) Consistent with the average contributions required under the Affordable Care Act (ACA), a network company shall provide a quarterly…
   • § 7455 Loss and Liability Protection. No network company shall operate in California for more than 90 days unless the network company carries, provides, or otherwise…
5. ARTICLE 5. Antidiscrimination and Public Safety §§ 7456–7462 · 8 sections

   • § 7456 Antidiscrimination. (a) It is an unlawful practice, unless based upon a bona fide occupational qualification or public or app-based driver safety need, for a…
   • § 7457 Sexual Harassment Prevention. (a) A network company shall develop a sexual harassment policy intended to protect app-based drivers and members of the public…
   • § 7458 Criminal Background Checks. (a) A network company shall conduct, or have a third party conduct, an initial local and national criminal background check for…
   • § 7459 Safety Training. (a) A network company shall require an app-based driver to complete the training described in this section prior to allowing the app-based…
   • § 7460 Zero Tolerance Policies. (a) A network company shall institute a “zero tolerance policy” that mandates prompt suspension of an app-based driver’s access to the…
   • § 7460.5 A network company shall make continuously and exclusively available to law enforcement a mechanism to submit requests for information to aid in investigations…
   • § 7461 App-based Driver Rest. An app-based driver shall not be logged in and driving on a network company’s online-enabled application or platform for more than a…
   • § 7462 Impersonating an App-Based Driver. Any person who fraudulently impersonates an app-based driver while providing or attempting to provide rideshare or delivery…
6. ARTICLE 6. Definitions § 7463 · 1 section

   • § 7463 For purposes of this chapter, the following definitions shall apply: (a) “App-based driver” means an individual who is a DNC courier, TNC driver, or TCP driver…
7. ARTICLE 7. Uniform Work Standards § 7464 · 1 section

   • § 7464 (a) The performance of a single rideshare service or delivery service frequently requires an app-based driver to travel across the jurisdictional boundaries of…
8. ARTICLE 8. Income Reporting § 7464.5 · 1 section

   • § 7464.5 (a) A network company that is acting as a third-party settlement organization shall prepare an information return for each participating payee who is an…
9. ARTICLE 9. Amendment § 7465 · 1 section

   • § 7465 (a) After the effective date of this chapter, the Legislature may amend this chapter by a statute passed in each house of the Legislature by rollcall vote…
10. ARTICLE 10. Regulations § 7466 · 1 section

    • § 7466 (a) Emergency regulations may be adopted by Covered California in order to implement and administer subdivisions (c) and (g) of Section 7454. (b) Any emergency…
11. ARTICLE 11. Severability § 7467 · 1 section

    • § 7467 (a) Subject to subdivision (b), the provisions of this chapter are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word,…