The Uber Ruling and the Future of Worker Classification
Peter Gillespie was quoted in Corporate Counsel on June 23, 2015. The article “The Uber Ruling and the Future of Worker Classification” discussed the most recent ruling against Uber which comes from California, where the state labor commissioner recently held, in a ruling that is nonbinding but will likely be parsed extensively by potential plaintiffs, that a driver picking up customers for Uber was misclassified when the company deemed her an independent contractor.
The question in this ruling, and in most misclassification suits, Peter explained, is whether the company controls the worker enough to qualify them as an employee. “Oftentimes it’s extremely fact specific in terms of how much control was intended and how much control is ultimately being exerted on a day-to-day basis,” he said. Courts often must go down lists of potential factors to consider, including state law and Internal Revenue Service rules, before coming to a conclusion in misclassification matters.
To read the full article, please visit Corporate Counsel. [subscription required]