I am realizing how many drivers missed this news in September where a US judge determined that Uber drivers are independent contractors rather than employees. Here are a few articles from a few months ago.
- Uber Lawsuit Verdict: Drivers Are Contractors, Not Employees
- U.S. judge says Uber drivers are not company's employees
- Uber scores a big win in legal fight to keep drivers as independent contractors
Remember that these decisions are a state-level discussion so how these decisions affect will depend on where you reside.
Here's the IRS guideline on how to determine if you are an employee or a contractor. It's broken down into three areas, behavioral control, financial control, and relationship.
Here's a good list of questions that are being discussed.
- Does the company control or have the right to control what the worker does and how the worker does the job?
- Does the company control the business aspects of the worker’s job? These include arrangements like how the worker is paid, whether expenses are reimbursed, and who provides tools and supplies.
- Is there a written contract or employee benefits such as a pension plan, insurance, or vacation pay?
- Will the relationship continue and is the work a key aspect of the business?