Determining Whether Uber and Lyft Drivers Are Independent Contractors or Employees
- Identify some multi-part common law criteria (with 7 or more factors) for determining whether Uber and Lyft drivers are independent contractors or employees.
- Determine how Uber and Lyft drivers match each of the following factors.
- Which is better for society: Uber and Lyft drivers as employees or independent contractors?
- If you were the Massachusetts Superior Court Judge, would you rule that Uber and Lyft violated minimum wage, hour, and sick time laws by not classifying their workers as employees? Why or why not?
For question 1, the multi-part test includes analyzing the following factors:
- whether there’s a right to control how the worker does his job;
- whether a worker has set hours or can work whenever he or she wants;
- how the worker is paid i.e., by the hour (which points toward employment) vs. by the job (which points toward an independent contractor relationship);
- whether the business provides the tools to perform the job;
- whether a written agreement exists classifying the worker as an independent contractor or employee;
the permanency of the relationship, with an indefinite term pointing toward employment and a defined term pointing toward an independent contractor arrangement; - whether the work requires a special skill; and
- whether the services rendered are an integral part of the employer’s business.
Sample Solution
