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The Pros And Cons Of Uber Drivers

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What do Uber drivers and strippers have in common? They both are in labor classification disputes. Uber is a smart phone app in which people in need of a ride can contact a driver who will give them a ride to their specified destination. Uber drivers are at the midst of a controversy on whether they should be classified as independent contractors or employees. Uber currently classifies their drivers as independent contractors. However, if the drivers would be classified as employees, Uber would owe them benefits, overtime, and possibly back wages. Drivers for Uber have filed lawsuits regarding labor classification in many states. Historically courts have used the economic reality test to determine labor classification. The economic reality test takes five factors into consideration, no factor is greater than the other. Uber drivers should be classified as independent contractors because of the economic reality test. The economic reality test verifies that Uber drivers are independent contractors because of the degree of control Uber has over its drivers. Uber exerts very little control over its drivers by allowing …show more content…

Drivers do not have a permanent relationship with Uber due to competition. According to William Hurst, drivers typically sign on with Uber for an indefinite period, however they may decide to also drive for a competitor and refuse fares from Uber (Hurst, 2017). Drivers do not have a permanent relationship with Uber if they are also working for Uber’s competitors and refusing to serve Uber customers. Uber drivers can also start and stop employment at their choice because of the extreme flexibility Uber offers. If Uber drivers are not constantly working for Uber it is difficult to classify the relationship as permanent, therefore the permanency of the relationship portion of the economic reality test favors independent

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