WASHINGTON, DC – Independent Women’s Law Center (IWLC) has filed an amicus brief with the California Court of Appeals in support of Instacart.

In People of the State of California vs. Maplebear Inc, DBA Instacart, Instacart is appealing an injunction entered by the California Superior Court requiring that it classify its workers as employees rather than as independent contractors pursuant to California’s Assembly Bill 5 (AB5). 

In its friend-of-the-court brief, IWLC argues that the lower court committed reversible error by  failing to recognize the cataclysmic and irreparable harm that thousands of California gig workers—especially working mothers who rely on flexible work arrangements—would suffer in the face of injunctive relief that forecloses flexible work options. Working independently as an independent contractor or freelancer provides flexibility and freedoms that being an employee does not.

Jennifer Braceras, director of the IWLC, said, “In the midst of the COVID-19 pandemic, the ability to work whenever and wherever one wants has never been more important. The flexibility offered by Instacart allows workers to continue earning a living, while protecting their health and the health of their families and others during these difficult times. Particularly in this stressful economic climate, the government should not be taking measures to discourage work.”

Patrice Onwuka, senior policy analyst at Independent Women’s Forum, adds, “Thousands of Californians have benefitted from working opportunities through the gig economy. These independent contractors, many of whom are women or working mothers, can create their own schedules and balance other priorities such as caregiving for their children, sick spouses, and aging parents. Without flexible work, many women would be forced out of the labor force. California should put the welfare of its workers first and unleash independent contractors from the grips of this harmful policy.”

Independent Women’s Forum is highlighting the disastrous consequences of AB5, in its Chasing Work campaign, which tells the real stories of Americans who are being harmed by these job-killing regulations. This is the fourth amicus brief filed by IWLC in opposition to the enforcement of AB5.

To read IWLC’s amicus brief, click HERE.



Independent Women’s Forum is dedicated to developing and advancing policies that aren’t just well intended, but actually enhance people’s freedom, choices, and opportunities. 

Independent Women’s Law Center advocates for equal opportunity, individual liberty, and respect for the American constitutional order.