Jon Weinberg is a student at Harvard Law School.
The public agency in Switzerland charged with providing obligatory on-the-job accident insurance, Suva, has determined that an Uber driver in that country is an employee – meaning Uber will have to pay social security contributions on that driver’s behalf. Swiss broadcaster SRF reports that the agency found that the Uber driver’s case clearly had the characteristics of an employment relationship under Swiss law. Like in the United States, Uber’s “comprehensive control” over drivers was critical to the determination of employee status, since Uber drivers cannot set their own prices and face consequences for deviating from Uber rules and directives.
According to TechCrunch, Uber stressed that the decision pertains to an individual driver and that it plans to appeal, although the decision can serve as precedent and Switzerland’s Federal Council may create new rules for technology service providers.
The decision in Switzerland represents the third significant European challenge to Uber’s classification of drivers as independent contractors. In October, a British employment tribunal found that Uber drivers are not self-employed independent contractors, but rather Uber workers. And in November, the European Court of Justice heard arguments in a pending case asserting Uber should be classified as a transportation service subject to strict European labor laws.
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March 19
WNBA and WNBPA reach verbal tentative agreement, United Teachers Los Angeles announce April 14 strike date, and the California Gig Workers Union file complaint against Waymo.
March 18
Meatpacking workers go on strike; SCOTUS grants cert on TPS cases; updates on litigation over DOL in-house agency adjudication
March 17
West Virginia passes a bill for gig drivers, the Tenth Circuit rejects an engineer's claims of race and age bias, and a discussion on the spread of judicial curtailment of NLRB authority.
March 16
Starbucks' union negotiations are resurrected; jobs data is released.
March 15
A U.S. District Court issues a preliminary injunction against the Department of Veterans Affairs for terminating its collective bargaining agreement, and SEIU files a lawsuit against DHS for effectively terminating immigrant workers at Boston Logan International Airport.
March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs