Uber Drivers May Be Owed Compensation
Now All Uber Drivers Can Challenge Independent Contractor Status
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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 Uber drivers.
Dynamex Operations West, Inc. v. Superior Court
This case established the new test, which places the burden of proof on the hiring entity. Uber 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 Uber 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:
Uber 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 Uber 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 Uber’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 2019
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 Uber 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 Uber’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.
Uber drivers can demand compensation for driving in the past
Now that it has been established that the Dynamex case ruling acts retroactively, Uber drivers can demand compensation for Uber’s longtime policies of misclassifying workers as independent contractors, and not covering things like insurance, gas, and other expenses you faced while driving for Uber in the past and or present.