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 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
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.
March 9
6th Circuit rejects Cemex, Board may overrule precedents with two members.
March 8
In today’s news and commentary, a weak jobs report, the NIH decides it will no longer recognize a research fellows’ union, and WNBA contract talks continue to stall as season approaches. On Friday, the Labor Department reported that employers cut 92,000 jobs in February while the unemployment rate rose slightly to 4.4 percent. A loss […]