How does Prop 22 pay work for Instacart shoppers?
In California, Prop 22 guarantees Instacart shoppers at least 120% of the applicable minimum wage for engaged time plus $0.37 per engaged mile in 2026. At the 2026 statewide minimum wage of $16.90, that is $20.28 per engaged hour. Tips are not counted toward the floor; they are paid on top. If your batch pay for a pay period comes in under the floor, Instacart pays the difference as adjustment pay.
Engaged time vs. waiting time
- Engaged time (counts): starts when you accept a batch and runs until you complete the delivery, including driving to the store, shopping and waiting at checkout.
- Waiting time (does not count): time online in a parking lot waiting for an offer.
Engaged miles work the same way: only miles driven while you are working on an accepted batch count toward the Prop 22 mileage amount.
The Prop 22 formula
Guaranteed floor = (engaged hours × 120% of the applicable minimum wage) + (engaged miles × per-mile rate)
| 2026 input | Value | Set by |
|---|---|---|
| Statewide minimum wage | $16.90/hr | California Department of Finance (annual CPI adjustment) |
| Prop 22 hourly floor (120%) | $20.28/hr | Calculated: $16.90 × 1.2 |
| Per engaged mile | $0.37/mi | California State Treasurer (annual CPI adjustment) |
If your city's minimum wage is higher than the state's (for example Los Angeles, San Francisco or West Hollywood), the floor is 120% of the local rate. Local rates change every year, so check your city's published rate and multiply by 1.2.
Worked example: one week
Say a shopper logs 30 engaged hours and 350 engaged miles in a pay period at the statewide rate:
- Time floor: 30 × $20.28 = $608.40
- Mileage floor: 350 × $0.37 = $129.50
- Guaranteed floor: $737.90
If batch pay (excluding tips) for that period was $520, Instacart adds $217.90 in adjustment pay. Customer tips, say $360, are paid on top, for a total of $1,097.90. If batch pay was already above $737.90, there is no adjustment.
This is an illustrative calculation, not an earnings promise. Your hours, miles and city rate change the result.
The health stipend
Shoppers who average enough engaged hours in a quarter and show proof of enrolment in qualifying health coverage can receive a quarterly health stipend:
- 15–24.9 engaged hours per week on average: about half of the full stipend.
- 25+ engaged hours per week on average: the full stipend.
Amounts are tied to Covered California average premiums and change every year. Check the current amount and eligibility in the Shopper app. Near the end of a quarter, it can be worth planning hours to cross the 25-hour average.
The 12-hour rule
Prop 22 limits engaged work to 12 hours in a 24-hour period. After that you must stay offline for 6 consecutive hours. It is a safety rule, separate from any app pause for declining offers.
Is Prop 22 pay taxable?
Yes. Adjustment pay, the per-mile amount and the health stipend are all taxable income. The per-mile payment is not the same as the IRS mileage deduction; you can still deduct your business miles separately. See which Instacart miles you can deduct.
What about shoppers outside California?
Most states have no gig pay floor, so the pay on the offer screen plus tips is what you earn. Seattle (the PayUp ordinance) and New York City (DCWP minimum pay rules) have their own app-worker protections with different formulas and coverage. Check each city's official labor office for current rates.
Frequently asked questions
How much does Prop 22 guarantee per hour in 2026?
120% of the applicable minimum wage for engaged time. At the 2026 California statewide minimum wage of $16.90, that is $20.28 per engaged hour. Cities with a higher local minimum wage have a higher floor.
What is the Prop 22 mileage rate for 2026?
$0.37 per engaged mile for calendar year 2026, set by the California State Treasurer. Only miles driven while working on an accepted batch count.
Are tips counted toward the Prop 22 floor?
No. Tips are excluded from the guarantee and paid on top of it. Instacart cannot use your tips to reach the floor.
Does waiting time count under Prop 22?
No. Only engaged time counts: from accepting a batch until you complete the delivery. Time online waiting for an offer is not paid under the floor.
Is Prop 22 adjustment pay taxable?
Yes. Adjustment pay, per-mile pay and the health stipend are taxable income. You can still deduct your business miles at the IRS standard rate.
Go deeper. Chapter 12 of the guide covers Prop 22 in depth, including end-of-quarter stipend planning, New York City and Seattle rules, and a 30-hour state-by-state earnings comparison. Get the full guide or read chapters 1–2 free.