On Tuesday, the National Labor Relations Board (NLRB) released an April 16 memo stating that Uber drivers are considered independent contractors. Therefore, the Board determined that drivers are unable to unionize. This decision comes just days after drivers’ highly-publicized protest on May 8 outside of the New York officers of Uber and Lyft. In making its determination, the NLRB applied the SuperShuttleclassification test, which established 10 factors the Board considers when determining the relationship status of workers and their employers. While some SuperShuttlefactors weighed in favor of classification as employees, the NLRB stated that the amount of “entrepreneurial independence” featured by drivers of the ride-sharing service was extensive and indicative of an independent contractor. In ruling so, the NLRB has set a standard that creates a high bar for future similarly situated workers seeking to avoid an independent contractor classification.
Ryan Guerin is an attorney in the Firm’s Labor and Employment & Business Litigation Practice Groups. If you have any questions or concerns about this issue or any other matter, please contact Ryan directly at 813-223-1099.