The California Labor Commission ruled that Uber drivers are employees and not independent contractors, clarifying the status of ride-sharing drivers.
Jim Evans, partner in Alston & Bird’s Labor and Employment Group, thinks the story is “far from told” when it comes to Uber.
Evans noted a number of factors in Uber’s business model that would suggest they do not have control over their employees. For example, he pointed that Uber does not tell drivers what their cars should look like, how the cars should be maintained, how drivers should dress or market their services, when they should report to work or how long their shifts should last.
“All of these factors indicate to me a lack of control by the employer or by Uber,” Evans said. “So I think what I would say to you is: keep watch, because I don’t think the pronouncement by the commissioner is the last word on the subject.”