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Uber Driver Is An Employee, Not An Independent Contractor, Rules California Labor Official


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""It’s important to remember that the number one reason drivers choose to use Uber is because they have complete flexibility and control," the company said. "The majority of them can and do choose to earn their living from multiple sources, including other ride sharing companies.""

Still a subject of debate. Other states have come to the opposite conclusion. 

Uber said this pertains only to Berwick, and said other states had come to the opposite conclusion on the employment question. "It’s important to remember that the number one reason drivers choose to use Uber is because they have complete flexibility and control," the company said. "The majority of them can and do choose to earn their living from multiple sources, including other ride sharing companies."

The California Labor Commission stressed in a statement that this particular ruling was not a statement of policy by the agency. "The Labor Commissioner’s evaluation of whether someone is an independent contractor or an employee is done case-by-case based on the facts before her," the statement said, referring to Labor Commissioner Julie Su. 

Still, the ruling could spur more claims by current and former Uber drivers in California who consider themselves workers who are owed money by the company. It could also put more wind in the sails of workers and labor groups that are challenging the independent contractor model, in California and elsewhere.

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