On the eve of Uber's long-anticipated IPO, rideshare drivers will go on strike to protest falling wages and labor practices on which the company and its rivals are built.
This simmering issue has blown up for Uber and other companies that use gig workers already. A recent example is the $20 million Uber agreed to pay in March to settle a class-action lawsuit over worker misclassification, initially brought by independent contractors who drove for the platform in California and Massachusetts.ruled that the "ABC Test" — which in 2018 established a strict test for whether workers could be considered contractors — applies retroactively in the state.
The most difficult part of test — determining if the work is outside of the usual course of business — is typically determined by courts based on the services the employer advertises, says attorney Mark Zisholtz, a partner at BakerHostetler, in Atlanta who has consulted with platforms that utilize drivers to implement their business model.
But not all states see the issue the same way and some red states, such as Texas, have adopted laws codifying that the drivers are independent contractors. The only thing that would likely lead Uber to classify workers differently would be litigation threats, says ZisholtzShareholders who buy stock after the IPO would have little incentive to push Uber to classify its workers as W-2 employees, according to Micah Rowland, COO, of Fountain, a hiring platform that serves the on-demand economy and other industries.
Classifying the drivers as employees would likely affect full-time drivers positively, but could hurt the many who are part-timers, according to Yevgeniy Feyman, who drove for Uber part-time to make extra money while working as a policy researcher at Harvard University in 2016 and 2017.
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