Olson v. California: CA Amici Weigh In

Amicus briefs due in support of California

May 9, 2023

On Monday, amici in the case of Olson v. California submitted briefs to the Ninth Circuit Court, arguing for the constitutionality of California’s AB 5, a law that singles out app-based drivers for reclassification as employees. AB 5, which was overwhelmingly rejected by voters in a ballot initiative in 2020, comes into conflict with the 14th Amendment for discriminating against some companies with employment regulations while carving out others.

“AB 5 wasn’t just unconstitutional, it was bad for gig workers,” said Chamber of Progress CEO Adam Kovacevich. “Most app-based drivers like being their own boss, setting their own hours and deciding how they work. AB 5 took that away from them and threatened the gig economy, so it’s important the courts get this right.”

A gig work policy analysis published by Chamber of Progress found that if AB 5 were implemented at the national level, forcing the reclassification of independent contractors as full-time employees, an estimated 3.4 million American workers could lose work and direct income.

Recent polling by Chamber of Progress finds that a majority of voters (60%) and independent contractors (62%) would prefer that the government respect the desire of independent contractors to remain independent, even if some contractors would rather be full-time employees. 


Chamber of Progress (progresschamber.org) is a center-left tech industry policy coalition promoting technology’s progressive future.  We work to ensure that all Americans benefit from technological leaps, and that the tech industry operates responsibly and fairly.  

Our corporate partners do not have a vote on or veto over our positions. We do not speak for individual partner companies and remain true to our stated principles even when our partners disagree.