The subject of this paper is a dispute between ridesharing companies (Uber and Lyft) and their drivers over whether the drivers are independent contractors or employees. In separate class actions lawsuits brought by the drivers, Uber and Lyft maintain that the drivers are independent contractors, while the drivers argue that they are employees, entitled to mandated protections such as minimum wage and reimbursement for work expenses. Judges in both cases recently issued orders denying motions for summary judgment. Thus, both cases will proceed to trial unless the parties reach a settlement.
Sources
Although you may do as much additional research as you wish, please read the following six sources:
Ellen Huet, Juries to Decide Landmark Cases Against Uber and Lyft, Forbes, Mar. 11, 2015.
Katy Steinmetz, Uber, Lyft Lawsuits Could Spell Trouble For the On-Demand Economy, Time, Mar. 12, 2015.
Rachel Emma Silverman, What’s at Stake If Uber and Lyft’s Labor Models Go to Trial, The Wall Street Journal, Mar. 12, 2015.
O’Connor v. Uber Technologies, Inc., No. 3:13-cv-03826-EMC (N.D. Cal. Mar. 11, 2015).
Cotter v. Lyft, Inc., No. 3:13-cv-04065-VC (N.D. Cal. Mar. 11, 2015).
Alexander v. FedEx Ground Package Sys., 765 F.3d 981 (9th Cir. 2014).
Also, your textbook is a good source.
Assignment
Write a paper analyzing whether Uber and Lyft’s drivers should ultimately be classified as employees or independent contractors under California law.
Use the IRAC structure discussed in the appendix to your syllabus. Each paper must be 5-8 pages, double spaced using a 12 point font, and you must cite all sources relied upon
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