O'Connor v. Uber Technologies, Inc.
United States District Court for the Northern District of California
82 F. Supp. 3d 1133 (2015)
Uber drivers (plaintiffs, represented by O'Connor in a putative class action) signed contracts labeling themselves independent contractors, used their own vehicles, and were paid per completed ride from fares Uber unilaterally set and collected before passing along to drivers; drivers could generally work as much or as little as they wanted, though Uber's handbook expressed an expectation that logged-in drivers accept all ride requests and covered details like pre-ride texts and radio choices, which Uber characterized as mere suggestions rather than requirements. O'Connor sought a ruling that drivers were Uber employees, Uber argued they were independent contractors, the parties disputed whether Uber could terminate drivers at will, and Uber moved for summary judgment.
Whether Uber drivers, who use their own vehicles and set their own schedules but whose services are essential to Uber's business and are subject to some company guidelines, are Uber employees or independent contractors as a matter of law.