Jon Weinberg is a student at Harvard Law School.
Earlier in September, The Wall Street Journal reported that another California regulatory agency found an Uber driver to be an employee rather than an independent contractor:
The California Employment Development Department last month ruled that a former driver for Uber acted more like an employee than a contractor because the company controlled “every aspect” of the driving experience and held the right to terminate the driver at will, according to a copy of an administrative judge’s decision. Uber was asked to pay unemployment benefits to the former driver, whose name was withheld from the decision.
According to The Guardian, the California Employment Development Department’s decision was appealed and upheld twice, first by an administrative law judge and then by an Appeals Board. This decision comes after the California Labor Commission separately found another Uber driver was an employee of Uber in June. While neither administrative ruling sets precedent, they were both premised on Uber’s right to control drivers, the operative test at play in a pending class action in California currently before U.S. District Judge Edward Chen and scheduled for a jury trial next year.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
April 8
D.C. Circuit reinstates Wilcox; DOL attempts to trim workforce again; unions split regarding Trump tariffs
April 7
State legislatures threaten to expand E-Verify coverage; the EEOC enforces at least parts of its PWFA regulations.
April 6
In today’s news and commentary, Alabama enacts paid parental leave for state employees, a new jobs report could be upended by tariff policies, and labor unions help plan mass demonstrations across the country. In Alabama, Governor Kay Ivey signed a bill that provides paid parental leave to state employees, including public school teachers. The law, […]
April 4
Colorado Senate Bill 5 sparks heated debate over union security thresholds; SEIU launches national ad campaign protesting detention of union members; 60,000 UC workers strike over alleged unfair labor practices.
April 3
Chicago Teachers Union reaches tentative agreement; SEIU rallies for first amendment protection; Representatives introduce Protect America's Workforce Act.
April 2
Local academic unions face pushback in negotiations