Abstract

This Note examines employment classification in the sharing economy by analyzing the misclassification suit launched against Uber Technologies, Inc., by its drivers. This Note concludes that a jury is likely to find, based on the current legal classification test, that all Uber drivers in the class action suit are Uber’s employees. However, this Note argues that such a blanket result would be inappropriate and advocates that courts or legislatures need to construct a new employment classification test that is tailored to the complex working relationships in the sharing economy.

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