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Brazil Judge Rules Uber Drivers Are Employees, Deserve Benefits (reuters.com)
An anonymous reader shares a Reuters report: A Brazilian judge ruled that a driver using the Uber ride-hailing app is an employee of the San Francisco-based company and is entitled to workers' benefits, adding to the global debate over labor rights for drivers on the platform. Uber said on Tuesday it would appeal the decision by Judge Marcio Toledo Goncalves, who issued the ruling late Monday in a labor court in Minas Gerais state. Goncalves ordered Uber to pay one driver around 30,000 reais ($10,000) in compensation for overtime, night shifts, holidays and expenses such as gasoline, water and candy for passengers. The consequences for Uber, if the ruling is upheld, could be far greater if more drivers follow suit and if state and federal regulators and tax agencies start treating it, as the judge suggested, as a transportation company rather than a tech firm.
Uber (at least in the US) dictates which tools you're allowed to use on the job, which is one of the big tests in employee vs. contractor designations. Try driving for Uber if you have a coupe, or if you have a beat-up old clunker of a car. It's not going to happen, you must have a 4-door vehicle, it must be in attractive condition, etc. Employers have lost suits over this sort of thing before. Specifying "you may only use DeWalt tools on this contract" can be enough to have your contractors qualify as employees.
There's also the scenario where Uber's app won't run, or won't run properly, if you also have a competing app (Lyft etc.) open at the same time. Ergo, Uber prevents you from accepting work from other sources, another big test for employee classification.
I applaud Uber drivers who are fighting for their rights.