Uber Headache if More Drivers Want Full-Time Status

By | August 19, 2015

  • August 20, 2015 at 1:25 pm
    Producer #1 says:
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    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.

  • August 20, 2015 at 1:29 pm
    Producer #1 says:
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    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.

  • August 20, 2015 at 5:02 pm
    TNreader says:
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    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.

  • August 21, 2015 at 2:38 am
    Agency says:
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