UBER Redux

The last time Uber was in the news here at Barge and in Charge, it was about their abuse of the discovery process. Since then, they killed somebody. Since then, California ruled their drivers are employees, not independent contractors. 

Is this right or wrong? 

I suggest it depends on what you think the answer should be, because it's a close one. 


Defendants (i.e. Uber) hold themselves out as nothing more than a neutral technological platform, designed simply to enable drivers and passengers to transact the business of transportation. The reality, however, is that Defendants are involved in every aspect of the operation

What does Uber do? It vets drivers; it requires background checks and DMV checks; it controls the tools (cars must be newer than ten years old), and the driver doesn't negotiate the fee. It doesn't tell them when they can work. It does and doesn't tell them how to work. 

This is a policy question. Were I Uber, I would think the proper fight is in the legislature more than the courts. But I'm thankful I'm not Uber.