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Now All Lyft Drivers Can Challenge Independent Contractor Status

 

If you have been or are currently driving for Lyft, you may have a claim. Click here for a free consultation.

 

The California Supreme Court has created a new test:

This test is made to determine independent contractor status, which is a major game-changer for Lyft drivers.

Dynamex Operations West, Inc. v. Superior Court

This case established the new test, which places the burden of proof on the hiring entity. Lyft will need to prove that its drivers are independent contractors, which is very difficult.

 

Now it is much easier to recover lost wages and business expenses

These expenses include gas, insurance, and vehicle maintenance. Even more important, another court has decided that this test applies retroactively, meaning that Lyft can be held accountable for their years-long illegal practices and drivers can recover lost earnings and business expenses for their work in the past, including and not limited to gas, insurance, and lost wages. 

 

As part of the test:

Lyft will have to demonstrate that drivers satisfy each of the following three conditions:

(A) that the worker is free from the control and direction of Lyft in connection with the performance of the work, both under the contract and in fact.

(B) that the worker performs work that is outside the usual course of Lyft’s business.

(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

 

This new test applies to all wage and hour actions, even those before 2018

An Orange County judge recently held that this new test applies to all wage and hour actions, even those with claims pre-dating the 2018 Dynamex case decision. Since Lyft was founded, drivers have been labeled independent contractors, yet are really employees. Drivers are not truly independent business owners when they are forced to comply with all of Lyft’s rules about how they provide rides, how fees are calculated, and whether they can continue to work at all.

Drivers have long been unfairly denied a minimum wage, overtime, workers’ compensation, and unemployment insurance.

 

Lyft drivers can demand compensation for driving in the past

Now that it has been established that the Dynamex case ruling acts retroactively, Lyft drivers can demand compensation for Lyft’s longtime policies of misclassifying workers as independent contractors, and not covering things like insurance, gas, and other expenses you faced while driving for Lyft in the past and or present.

 

If you have been or are currently driving for Lyft, you may have a claim. Click here for a free consultation.

 


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