So You Think You Know the Law – Uber and Lyft

August 2015

3. If a driver for a “transportation network company” such as Uber and Lyft provides his or her own auto, he or she is automatically considered an independent contractor. False. Whether a driver is an “employee” or an “independent contractor” of Uber or Lyft is typically a question of fact unless the evidence is undisputed and subject to only one inference. The trier of fact is required to analyze various factors, such as: Is the worker engaged in a distinct occupation; does the worker have special skills; does the “employer” have the right to control the worker’s performance of the work; did the worker agree to pay by the hour or by the job; does the worker have an independent business operation; and how did the parties view the relationship via documents or oral discussions? Does the worker have an Uber mileage tracker? The California Labor Commissioner recently held that a driver who was driving for the Uber platform was an employee. The decision of the Commissioner is currently being appealed by Uber. If you’re ever involved in an accident in your Uber or Lyft, you may want to look for a ridesharing accident lawyer in your area. Return to newsletter.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.