Under California Proposition 22, app-based drivers and delivery workers classified as independent contractors are provided with certain guaranteed earnings and benefits. At WorkWhile, we fully comply with Prop 22 to ensure you receive the pay and protections you are entitled to for eligible shifts.
How Prop 22 Protects Your Pay
Proposition 22, passed by California voters in November 2020, guarantees eligible workers a minimum payment for every driving shift based on engaged time and miles driven.
What is our Prop 22 Earnings Guarantee?
If your shift earnings (excluding tips and referral bonuses) fall below the guaranteed minimum calculated under Prop 22, we automatically pay you the difference in the form of a "true-up bonus."
Note: Prop 22 only applies to 1099 shifts performed in California.
How We Calculate Your Earnings Guarantee
Your Prop 22 minimum is calculated using the following formula:
1. Time Guarantee:
The minimum wage used is based on the local minimum wage at your shift's address.
2. Mileage Reimbursement:
If the Total Guarantee exceeds your shift pay, you will receive the difference as a true-up bonus.
Example: How the True-Up Pay Works
Let’s say you signed up for a 4-hour driving shift in Los Angeles, drove 15 miles, and earned $60.
Detail | Calculation/Value |
LA Minimum Wage | $16.78/hour |
Time Guarantee | (120% × $16.78 × 4 hours) = $80.54 |
Mileage Reimbursement | ($0.36 × 15 miles) = $5.40 |
Prop 22 Total Guarantee | $80.54 + $5.40 = $85.94 |
True-Up Payment | $85.94 - $60.00 = $25.94 |
You’ll receive your $60 pay within 24 hours of your shift (unless otherwise stated), and then your $25.94 true-up within 5 business days.
What’s Included in the Earnings Guarantee Calculation?
Included (Counts Toward Guarantee) | Not Included (Paid On Top Of Guarantee) |
Your base shift earnings | Tips (You keep 100% of your tips) |
Any shift bonuses you received | Referral bonuses |
This ensures you always get paid fairly for your engaged time and mileage, based on your actual activity.
How We Track Engaged Work Time
We track engaged work time and mileage using the WorkWhile app:
The app uses GPS tracking to measure the actual miles you drove during your shift, ensuring you get compensated for every mile you traveled while working.
You must keep your location on while working to ensure accurate tracking.
If your device becomes inactive or disconnected, this may impair our ability to track your time and miles.
If you experience a problem during a shift, please reach out to the Support team.
When You'll Get Paid the Additional Sum
We calculate your Prop 22 guaranteed earnings 24 hours after your shift is paid, unless additional review is needed.
This gives us time to tally up any additional time or miles you may have completed.
If you're owed a true-up bonus, it's automatically added to your account within 5 business days.
If we confirm that you were paid more than (or equal to) the minimum required amount, we will not take further action.
Other Prop 22 Benefits
In addition to the Earnings Guarantee, WorkWhile is also committed to upholding the other protections provided by Prop 22 for app-based drivers and delivery workers, including:
Healthcare Stipend: Eligible drivers who meet minimum weekly engaged time hours are provided with a quarterly stipend to help cover the cost of health insurance.
Occupational Accident Insurance: Provides coverage for medical expenses and lost income resulting from injuries suffered while working on the app.
Protection Against Discrimination and Harassment.
Limits on Working Hours: A mandatory 6-hour break after 12 hours of engaged time within a 24-hour period.
WorkWhile is dedicated to ensuring compliance with Prop 22 and providing you with a transparent and secure platform to earn.