Re:U.S. judge says Uber drivers are not company's employees
by db48x on Friday April 13, 2018 @03:21PM
(#16833141)
The drivers also provide the cars (a necessary and quite substantial capital asset), and it's very easy for a driver to work for multiple ride-sharing companies at once. A driver could easily lose money by accepting rides that don't earn them enough to pay for gas and maintenance. (On the other hand, the laws around here don't allow a taxi driver to reject a hire based on the destination, which is why the price has a per-mile component.)
Uber basically decides the interaction with the client. They place relatively strict conditions on how to deliver the service (can only use these kinds of cars, etc). Uber guides almost all parts of the service.
Another that doesn't get talked about a lot: This is Uber's main business. Uber is essentially a car-rental service. The fact that the drivers are providing the primary service of Uber is another potential indicator that the drivers are, in fact, employees.
The very flexible schedule + commission-based payments are more evidence of a contractor relationship, of couse.