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Tagged Posts: Rasier-CA’

Uber and Lyft Drivers Might Be Employees, Not Independent Contractors, Under California Law

September 10, 2015

Cotter v. Lyft.

In Cotter v. Lyft, a district court case involving similar facts as in Berwick v. Uber, the court acknowledged at the outset that Lyft drivers didn’t seem much like employees or independent contractors.[1]  On one hand, the court noted, Lyft drivers, unlike typical employees, work as little or as much as they want and can schedule their driving around their other activities; on the other hand, Lyft drivers, unlike typical independent contractors, use no special skill when they give rides, and their work is central, not tangential, to Lyft’s business.… Read the rest

Uber and Lyft Drivers Might Be Employees, Not Independent Contractors, Under California Law

September 3, 2015

Berwick v. Uber.

In 2014, Uber and a middleman Rasier-CA LLC (collectively referred to as “Uber”) employed Berwick as a driver in San Francisco, California, under the terms of a written agreement.[1]  The agreement provided, in relevant part, that Berwick was entitled to accept, reject, and select among service requests and that Berwick was to perform accepted requests in accordance with certain rules, which include, among other things:

  • provide and maintain liability insurance and vehicle(s) approved by Uber that meet certain standards;
  • accept a service fee determined and remitted by Uber, and nothing else (e.
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Uber and Lyft Drivers Might Be Employees, Not Independent Contractors, Under California Law

August 27, 2015

Employee or Independent Contractor?

Business owners hire people all the time.  Depending on their status as an employee or independent contractor, however, the law treats them differently, affecting all facets of the relationship, including wages, taxes, etc.  Employers who misclassify workers as independent contracts can end up with substantial tax bills and face penalties for failing to pay employment taxes and for failing to file required tax forms,[1] so it is important that business owners understand the difference between employees and independent contractors.… Read the rest

All postings are intended to be planning tools to familiarize readers with some of the high-level issues discussed therein. No posting is intended to be a comprehensive discussion and additional details should be discussed with your transaction planners including attorneys, accountants, consultants, bankers and other business planners who can provide advice for your circumstances. This article should not be treated as legal advice to any person or entity.