UBER LOSES QUESTION OF INDEPENDENT CONTRACTOR V. EMPLOYEE

Uber lost a motion for summary judgment in a case in San Francisco that some of its drivers filed claiming they are employees and not independent contractors, as a matter of law. The Court found that the drivers are Uber’s presumptive employees because they “perform services” for the benefit of Uber. The Court further held that whether an individual should ultimately be classified as an employee or an independent contractor under California law presents a mixed question of law and fact that must typically be resolved by a jury. This is an important distinction for an employer, because an employer has to pay benefits to employees that they don’t have to pay to independent contractors. It is imperative that employers classify their works correctly. We can help employers with this determination. Call us at (407) 628-9081 ext. 111 for assistance!