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posted by LaminatorX on Thursday June 18 2015, @07:05AM   Printer-friendly
from the Respondeat-Superior dept.

The California Labor Commission has ruled in favor of a former Uber driver in San Francisco, finding that the driver is an employee of the ride-hailing company rather than an independent contractor. The ruling was made earlier but came to light when Uber appealed the decision on Tuesday. Uber could be required to pay the driver $4,152.20 for reimbursement of expenses, but that's only the beginning:

The commission said Uber is "involved in every aspect of the operation." Classifying Uber drivers as employees opens the company up to considerably higher costs, including Social Security, workers' compensation and unemployment insurance. That could affect its valuation, currently above $40 billion, and the valuation of other companies that rely on large networks of individuals to provide rides, clean houses and other services.

Uber had argued that its drivers are independent contractors, not employees, and that it is "nothing more than a neutral technology platform." But the commission said Uber controls the tools driver use, monitors their approval ratings and terminates their access to the system if their ratings fall below 4.6 stars. The ruling affects only California. However, the state is Uber's home base, one of its largest markets, and sets a path often followed by regulators and courts in other states.

Uber did not immediately respond to a request for comment. It likely will not have to start paying any additional costs unless it loses on appeal, and only after it exhausts its appeals. The commission was ruling on an appeal by Uber of a labor commissioner's award of about $4,000 in expenses to San Francisco-based driver Barbara Ann Berwick, who filed her claim in September. She worked as an Uber driver for just over two months last year. Earlier this month, Uber lost a bid to force arbitration in a federal lawsuit brought in San Francisco by its drivers. Earlier this year, the same court rejected Uber's bid to deem its drivers independent contractors, saying a jury would rule on their status. In Florida, a state agency ruled earlier this year that Uber drivers are employees.


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  • (Score: 1) by ghost on Thursday June 18 2015, @12:31PM

    by ghost (4467) on Thursday June 18 2015, @12:31PM (#197770) Journal
    They better start spending whatever VC capital they have left on lawyers and lobbyists because this will cripple them and pop their valuation bubble. They can ignore taxi regulations in podunk towns (and marshal up uber users to complain to regulators and lawmakers) but they can't ignore this. And they can't tap into their users to pressure regulators because users simply don't care about the employee/independent contractor distinction. And the drivers aren't likely to side with Uber, either (proof: look at who filed the complaint).

    They can still turn AIDS into LemonAIDS, though -- if Uber employees can no longer work for lyft.