THE ABC TEST IS UNDERMINED AGAIN:
PROPOSITION 22 PASSES
On November 3, 2020 the California voters approved Proposition 22 which effectively allows app-based drivers to be independent contractors and otherwise exempt from the strict "ABC Test" utilized in AB-5. This was a significant blow to the California Legislature, whose implied main target for implementing the stricter ABC Test were the Uber and Lyft drivers.
Even before the success of Proposition 22, AB-5 had already been partially undermined when various organized labor groups pressured the legislature to pass AB 2257 which dramatically increased the number of job types that would be exempted from the ABC Test. According to the National Journal, over 109 worker categories were exempted as a result of AB 2257.
[COMMENT: Due to the substantial amount of exemptions between AB 2257 and Prop. 22, AB-5 has become a failed experiment, a lion without claws or teeth. It's time to dump AB-5/ABC Test and return to the well-established Borello Test.]