Blog

Uber Drivers: Employees Not Independent Contractors

Photo of Brant Stogner

In August, the California Employment Development Department (EDD) determined that Uber drivers are employees of the company. Uber has previously claimed their drivers are merely independent contractors, however, after the EDD found a former driver in Southern California was an employee, an administrative law judge and the California Unemployment Insurance Appeals Board upheld the decision.

This is not the first time Uber drivers have been held to be employees. In May, a Florida regulator agency found them to be employees, as opposed to independent contractors. Additionally, the California Labor Commissioner issued a similar ruling in June. The decision in August is significant because it was the first of these cases to be appealed by Uber.

A list of factors is considered to determine if an individual is an employee or independent contractor. The administrative law judge found Uber has sole discretion over fares, prohibits drivers from picking up passengers who do not have the app (Uber application), can charge drivers who choose not to accept a rider, and can suspend or deactivate drivers' accounts.

Previously, Texas, Georgia, Pennsylvania, Indiana, Colorado, Illinois, New York, and California had made rulings that classified Uber drivers as independent contractors. These recent rulings which determined Uber drivers to be Uber employees may have a major impact on Uber's future. It certainly will have an impact on Uber's liability for its drivers. If its drivers are employees, Uber can be liable for its drivers' negligence that occurs in the course and scope of their employment. This exposes Uber to liability for automobile accidents, injuries, and fatalities caused by its employee drivers. In other words, if someone is injured by an Uber driver while the Uber driver is working, the injured victim can also hold Uber responsible for its driver's mistakes just like any other company that has employee drivers.

If you or someone you know was injured or killed in an accident involving an Uber driver, it is important to understand your right to recover. Contact an attorney at Abraham, Watkins, Nichols, Sorrels, Agosto & Friend by calling 713-222-7211 or toll free at 1-800-870-9584 for a confidential consultation.

No Comments

Leave a comment
Comment Information

Awards & Recognition

  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

  • Recognized by Best Lawyers America | Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz | 2017

    Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  • Lead Counsel Rated

    In order to earn the Lead Counsel Rating, an attorney must not only demonstrate significant legal experience, but must also receive multiple peer recommendations advocating his or her ability. This is a key component in the screening process.

  • Texas Super Lawyers | Texas Monthly

    Each year, Super Lawyers recognizes the top lawyers in Texas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Texas lawyers who receive the highest point totals during this selection process are further recognized in Texas Super Lawyers Top Lists.

Get Your Free Case Review 713.587.9668

Let Us Help You Today! Request a Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Firm News & Updates

  • $50+ Million Personal Injury Fire and Explosion

    The firm successfully represented nearly 100 victims who suffered personal injuries and damages to property from a large fire and explosion resulting in a settlement of more than $50 million. The firm served as lead lawyers on the steering committee in this litigation.

  • $80 Million Personal Injury Large Plant Explosion

    The firm successfully represented 270 plaintiffs', taking a lead role in the plaintiffs' steering committee, who suffered injuries in a large plant explosion resulting in a settlement of nearly $80 million.

  • $50+ Million Personal Injury Plant Fire and Explosion

    The firm successfully represented 45 personal injury victims in a plant fire and explosion, serving on the plaintiffs' steering committee, concluding with a settlement of more than $50 million.

  • $22+ Million Personal Injury Work Site Accident

    The firm prevailed in a personal injury trial for a worksite injury client with the jury returning a verdict and resulting in a judgment of over $22 million for the firm's client.

  • $12 Million Auto Accident 18-Wheeler Collision

    The firm successfully achieved a $12 million settlement for the family of a man who died in an 18 wheeler collision.

  • $30 Million Personal Injury Burn Victims

    The firm prevailed on behalf of three burn victims with settlements totaling nearly $30 million.

Our Record Of Success.

When you are hurt and you choose a law firm to represent you in court or at the negotiation table, you need to carefully consider the firm's record.

More Success Stories