A Trump administration rule says gig workers are not employees
revealed their stance on this key question, with both determining that that Uber drivers are independent contractors.Properly classifying workers has been a common fight in many employment disputes over many years. This issue is especially important when dealing with workers in the gig economy, as these types of businesses are heavily dependent on independent contractors and not employees.
How the law determines a worker’s classification is a very squishy endeavor. There are a number of different tests that can be used to classify workers. But the type of test applied will depend on which law, court or agency is making the decision. The NLRB reasoned that the above levels of control only existed within the Uber app. Because drivers had an unlimited ability to drive outside the Uber app, these instances of company control were “diminished.”
And just like the NLRB, the DOL made similar observations to reach the same conclusion, including the VMC’s lack of control over its workers, the ease in which the VMC workers could look for work elsewhere and the fact that the workers have to pay for and furnish the necessary equipment to do their work.For most gig workers, these decisions are not good.
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