A ruling today by an appellate court gives ride-sharing companies Lyft and Uber roughly two more months to treat their drivers in California as independent contractors. That ruling follows a recent decision by a trial court in San Francisco that made national news by concluding that those companies had been misclassifying their drivers as non-employees
A California Labor Commissioner has ruled that one of San Francisco-based Uber’s drivers, Barbara Ann Berwick, is an employee, not an independent contractor. The Labor Commissioner awarded Berwick just over $4,000 for incurred but un-reimbursed business expenses and interest. On a positive note, the Commissioner denied Berwick’s request for wages, liquidated damages, and waiting time penalties.
Traditionally, it is the “right to control” the means and manner of work that is the primary element of the independent contractor test. Here, though, the Labor Commissioner did not rely on the right to control. Instead, she noted that the absence of such control is not necessarily dispositive where the actual details of the work required little or no supervision. …
Continue Reading Former Uber Driver Gets a Lyft from the Labor Commissioner