Re:Highest French court reclassifies Uber drivers as employees
by mac01021 on Thursday March 05, 2020 @07:32AM
(#22492989)
I've worked as a W2 employee delivering pizzas in my own car.
I was definitely an "employee", if anyone is.
Crucially, this meant that I had to work the hours specified by my boss and make whatever deliveries he specified during that time period, else risk being fired.
In my opinion this was a very sensible arrangement. It was a good job and paid my college tuition. And pizza demand varies widely from time to time. It would be silly for the company to maintain a fleet of cars large enough for peak demand and then leave them in storage most of the time.
I've also worked as a software engineer, on salary, with a contract forbidding concurrent employment elsewhere, but done all the work on my own computer.
In light of the above, I don't think ownership of equipment is necessarily a meaningful consideration.
I was definitely an "employee", if anyone is.
Crucially, this meant that I had to work the hours specified by my boss and make whatever deliveries he specified during that time period, else risk being fired.
In my opinion this was a very sensible arrangement. It was a good job and paid my college tuition. And pizza demand varies widely from time to time. It would be silly for the company to maintain a fleet of cars large enough for peak demand and then leave them in storage most of the time.
I've also worked as a software engineer, on salary, with a contract forbidding concurrent employment elsewhere, but done all the work on my own computer.
In light of the above, I don't think ownership of equipment is necessarily a meaningful consideration.