Sharing Economy Misclassification: Employees and Independent Contractors in Transportation Network Companies

35 Pages Posted: 23 May 2016 Last revised: 25 May 2016

See all articles by Robert Redfearn

Robert Redfearn

University of California, Berkeley, School of Law, Students

Date Written: April 26, 2016

Abstract

This Note examines employment classification in the sharing economy by analyzing the misclassification suit launched against Uber Technologies, Inc., by its drivers. This Note concludes that a jury is likely to find, based on the current legal classification test, that all Uber drivers in the class action suit are Uber’s employees. However, this Note argues that such a blanket result would be inappropriate and advocates that courts or legislatures need to construct a new employment classification test that is tailored to the complex working relationships in the sharing economy.

Keywords: Sharing Economy, Independent Contractor, Uber, Transportation Network Company, Employment Classification

Suggested Citation

Redfearn, Robert, Sharing Economy Misclassification: Employees and Independent Contractors in Transportation Network Companies (April 26, 2016). Berkeley Technology Law Journal, Vol. 31, July 2016, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2781756

Robert Redfearn (Contact Author)

University of California, Berkeley, School of Law, Students ( email )

Berkeley, CA
United States

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