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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July 4
The DOL scraps a Biden-era proposed rule to end subminimum wages for disabled workers; millions will lose access to Medicaid and SNAP due to new proof of work requirements; and states step up in the noncompete policy space.
July 3
California compromises with unions on housing; 11th Circuit rules against transgender teacher; Harvard removes hundreds from grad student union.
July 2
Block, Nanda, and Nayak argue that the NLRA is under attack, harming democracy; the EEOC files a motion to dismiss a lawsuit brought by former EEOC Commissioner Jocelyn Samuels; and SEIU Local 1000 strikes an agreement with the State of California to delay the state's return-to-office executive order for state workers.
July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]