Per the WI DWD website, there are 9 criteria that must be met. ALL NINE must be met, per the law. I bet that item 2 will be the main issue. What percent of Uber Drivers have a FEIN? I bet very few, if any. Yes, Uber will give the drivers a 1099 form to show their taxable income. The driver will then file their taxes using their social security number. Hence, they did not meet item 2 in Wisconsin’s nine criteria.
Yes, I realize that WI is not what the article is about, but it shows that UBER cannot simply choose to call someone a Sub-Contractor, or not. The WI law does not mention full time or part time, nor does it mention the other things Uber uses in its defense. As long as the drivers do not have a FEIN, they do not meet the WI DWD rules.
What if there was an accident in WI. The driver was injured. Per the Wisconsin law, they should be entitled to Workers Compensation benefits. Yet, Uber is not paying WC premium in Wisconsin for these drivers because they state the drivers are not employees.
I hope its never tested in WI, meaning, I hope we never have a crash relating to Uber in WI. That said, its clear an Uber driver could most likely claim Workers Comp benefits if injured on the job.
It still makes no sense to me how an individual that controls when they work, as well as the number of hours they work, can be deemed to be an employee. That substantial level of control by the individual indicates a self employed individual.
It will also be interesting to see if Uber’s business model works with employees and the added costs vs independent contractors.
Under Federal Guidelines, Uber drivers are independent contractors, especially since they use their own vehicle, control when they work, get their own insurance and can work for others such as Lyft. These services bring great value to society. I bet most Uber drivers prefer this than being controlled. I have had disabled individuals drive me around I contracted via the Uber app and these people would not have jobs if there are so many formalities of employment. Having said that, the entitlement and anti-freedom society is destroying America, it’s time we fight back against these people who hate the marketplace, freedoms and the great standard of living it creates. Many of this stuff starts in the public schools, it’s time for parents to confront these teachers or send their kids to private schools. Our country is being destroyed by these freedom hating frauds.
Its pretty clear that, According to Wisconsin Workers Comp Law, an Uber Driver, would most likely NOT be a sub-contractor.
https://dwd.wisconsin.gov/wc/employers/independent_contractors.htm
Per the WI DWD website, there are 9 criteria that must be met. ALL NINE must be met, per the law. I bet that item 2 will be the main issue. What percent of Uber Drivers have a FEIN? I bet very few, if any. Yes, Uber will give the drivers a 1099 form to show their taxable income. The driver will then file their taxes using their social security number. Hence, they did not meet item 2 in Wisconsin’s nine criteria.
Yes, I realize that WI is not what the article is about, but it shows that UBER cannot simply choose to call someone a Sub-Contractor, or not. The WI law does not mention full time or part time, nor does it mention the other things Uber uses in its defense. As long as the drivers do not have a FEIN, they do not meet the WI DWD rules.
It would be interesting to see…
What if there was an accident in WI. The driver was injured. Per the Wisconsin law, they should be entitled to Workers Compensation benefits. Yet, Uber is not paying WC premium in Wisconsin for these drivers because they state the drivers are not employees.
I hope its never tested in WI, meaning, I hope we never have a crash relating to Uber in WI. That said, its clear an Uber driver could most likely claim Workers Comp benefits if injured on the job.
It still makes no sense to me how an individual that controls when they work, as well as the number of hours they work, can be deemed to be an employee. That substantial level of control by the individual indicates a self employed individual.
It will also be interesting to see if Uber’s business model works with employees and the added costs vs independent contractors.
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