Uber is once again facing a lawsuit from a driver who says he should be treated as an employee, rather than an independent contractor.
According to Fisher, Uber owes him this under the Fair Labor Standards Act, which covers employees in both the public and private sector.
Of course, the issues here is that Uber does not see its drivers as employees.
Uber’s stance has always been that it’s a software company. Uber connects people wanting a ride to those offering a ride. It’s a logistics company. Uber simply connects third-party contractors with customers. Its drivers are independent contractors, not employees.
Earlier this year, the California Labor Commission ruled that an Uber driver was an actual employee – as Uber is “involved in every aspect of the operation.”
“One of the main reasons drivers use Uber is because they love being their own boss,” said Uber in response. “As employees, drivers would drive set shifts, earn a fixed hourly wage, and lose the ability to drive elsewhere. The reality is that drivers use Uber on their own terms: they control their use of the app.”
But the lawsuits keep piling up.
Last month, UK union GMB, which represents professional drivers, has engaged a law firm to file suit against Uber “on the grounds that Uber is in breach of a legal duty to provide them with basic rights on pay, holidays, health and safety and on discipline and grievances.”
Mr. Fisher is seeking class action status for his lawsuit.