DEO Findings Uber Drivers Independent Contractors

Florida Department of Economic Opportunity – Uber Drivers are Independent Contractors

Reversing a determination from the Department of Revenue finding that Uber driver McGillis should be classified as an employee of Uber, the Florida Department of Economic Opportunity said Florida law begins with the review of the contract between the parties, which in this case specified that the driver was an independent contractor. The actual practice of the parties did not contradict the agreement, the decision found.

“Uber is no more an employer to drivers than is an art gallery to artists,” DEO Executive Director Jesse Panuccio wrote. “Just as technological advances have amplified the reach of social networks, such advances have also amplified the reach of commercial relationships through applications like Uber, StubHub, Airbnb. . . . None of these commercial platforms would be in business without the goods and service providers who use the platforms, but that does not mean the providers are automatically employees of the platform company.”

It looks like litigation will continue on appeal into 2016.

Source: Lexology

Florida Contract Law / Florida Labor Law