Reader CDW passes along another challenge to Uber’s assertion that its drivers are just contractors. A federal judge in eastern Pennsylvania is hearing a case where Uber drivers are claiming that they should be on the clock when they are logged into the Uber app, waiting for a ride. In addition, they are claiming this should entitle them to minimum wage and overtime pay . The judge has dismissed Uber’s motion to dismiss the case. The core of the case revolves around the fact that the contractor has the direction and control over how and when his services are performed. The Uber drivers are saying that certain requirements that Uber demands of its drivers make that flexibility impossible and that they should therefore not be considered contractors. Among some of the requirements the drivers listed were a specific dress code when logged into the app, suspension or termination for refusing a ride, and certain vehicle requirements. A lawyer familiar with independent contractor law said that this case is breaking new ground and is “likely to motivate other lawsuits against Uber and against other on-demand services”. Now a skeptical guy like myself might note that this case is being heard in eastern Pennsylvania and would also note that Pittsburgh is one of two cities where Uber is testing its self-driving vehicles. The other city was San Francisco where Uber was testing the cars illegally and, after ignoring the DMV order to shut the test down, finally had the permits for their cars revoked. One might wonder whether the testing of autonomous vehicles in Pittsburgh was a warning shot across the bow to the drivers bringing this case, essentially reminding them to be happy with what they have now because Uber may not need them at all in the future.

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