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Classifying Drivers

Classifying Uber and Lyft Drivers as Employees or Independent Contractors

There has been a significant debate over the legal classication of Uber and Lyft drivers. Both attempt to classify their drivers as “independent contractors” and not as “employees.” This has significant implications with regard to personal injury litigation.

If you are a New York State “employee,” you are protected under favorable New York State employment laws. The Division of Labor Standards enforces the New York State Labor regulations governing:

  1. Minimum wages;
  2. Hours of work;
  3. Payment of wages;
  4. Overtime; and
  5. Other working conditions.

When an employee is classified as an “independent contractor,” the New York State Division of Labor standards are not applicable. Black's Law Dictionary defines an independent contractor as a “person who is asked to perform an action or job who maintains the control over the job.”

Confusion over the classification Confusion over the classification of Uber and Lyft drivers as independent contractors or employees has caused a conflict in the National Court system of the United States.

The Uber and Lyft companies argue that Uber and Lyft drivers are independent contractors because they can accept or deny rides.

Others argue that because the Lyft company and the Uber company control ride fares and work performance, the Uber and Lyft drivers should be classified as employees.

New York has Ruled That Uber Drivers are Employees

A New York State Department of Labor Appeals Board has ruled that Uber drivers should be classified as employees. The Board stated that Uber supervises their drivers through ratings and reviews and therefore the drivers should be categorized as employees.

Ruled This ruling may be overturned, however, and the argument over classifying Uber and Lyft drivers as employees or independent contractors remains heated. This defines whether drivers should be entitled to Workers’ Compensation and unemployment benefits if they are classified as employees.

The unsettled status of the law may be related to your case. Call our office for a free consultation and to have our expert top rated Uber and Lyft accident injury lawyers in Buffalo, New York review your situation. We are available 24 hours per day and 7 days per week. There is never a fee until we WIN for you.

Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week and there is never a fee until we WIN for you!

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