|Photo Courtesy: Crain’s New York|
Lawyers, in New York, representing 5,000 Uber drivers in New York City filed a lawsuit in NY on behalf of 10 of these alleged New York employees in federal court in Manhattan last week accusing the ride-share company of depriving these New York drivers of various employment protections they should have by declaring them as “independent contractors” rather than treating them as employees.
This independent contractor lawsuit is a pivotal case that can lead to changes in Independent Contractor Law/Employment Law in the United States. We suggest a review of your independent contractor agreements by your attorney and, also, advise following this case closely if you have hired independent contractors. Get your New York attorney on this matter immediately. It is essential to have a carefully drafted independent contract agreement and protocols in place to assist in guaranteeing that an independent contractor is not deemed an employee.
New York Taxi Workers Alliance v. Uber Technologies Inc. in New York Court Federal Court
This New York lawsuit is the latest salvo in the growing tension between Uber and the New York Taxi Workers Alliance, a labor union that said it also filed a separate complaint with the National Labor Relations Board claiming arbitration agreements Uber drivers signed illegally prohibit them from bringing class action claims.
New York Law on Independent Contractors vs. Employees under New York Law
Factors in Determining if an Individual is an Employee or Independent Contractor under New York Law
- Can the individual work based on his own convenience?;
- Does the individual receive fringe benefits from the company?;
- Is the individual on the payroll of the company?;
- Can the individual be engaged in other employment?; and
- Is the individual on a fixed schedule or flexible schedule? (Bynog v. Cipriani Group, Inc., 1 N.Y.3d 193 (Court of Appeals of New York, 2003).
We advise, strongly, to have your New York independent contractor agreements reviewed by an attorney experienced in labor & employment law.
*Gene Berardelli may be contacted at: GeneBerardelli@ipglegal.com.
Gene is a New York street-smart attorney with an extreme passion for success. Gene specializes in litigation, arbitration and general corporate law for New York-based and international clients. He, also, is the host of a popular New York talk radio program.
- Some Uber Drivers May Be Entitled To Unemployment Benefits
- Protect Your NY Business From The Top 3 Risks To Your Confidential Information
- Vital Business Agreements Before Starting a Business in New York: NY Startup Basics
- Employee “At Will”: New York Employment Law Essentials
- Fox Sues Netflix For Poaching Key Employees
- Business Compliance Basics: Age Discrimination Protection In New York