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I don't think the third pillar is a problem. You can claim you customarily engaging in driving as a work. The primary problem Uber and Lyft are running into is
by dmode 6y ago
I don't think the third pillar is a problem. You can claim you customarily engaging in driving as a work. The primary problem Uber and Lyft are running into is #2. The courts think that drivers perform work within the company's normal line of business, while Uber and Lyft believe they are a technology marketplace and not a transportation company.
- supernova87a 6y agoWell, on #2 I agreed with the court's analysis -- at least in how Lyft/Uber are operating now. These companies would not exist if not for being in the transportation business. It is a real stretch to divorce them from the aspect of cars driving -- that is their very business. On #3, so companies would just ask the people driving whether "this is your customary line of work" and if you don't answer right, you're not allowed to drive? Or would there be some independent way this would be verified? Or is it up to the company to test how much risk they're willing to look the other way on?
- dmode 6y agoI not 100% sure, but I am wondering if #3 the burden of proof is with the contractor