Law Commons^™

The Gig-Economy War: The Drive Towards Regulating Rideshare Employment Misclassification, Inae Cavalcante

Brigham Young University Prelaw Review

With the emergence of the gig-economy, the doctrine distinguishing independent contractors from employees has never been more relevant in the state of California. Currently, the state faces a legal battle regarding employment misclassification of rideshare apps’ drivers, specifically Uber Technologies. While many believe that drivers should be entitled to the label of employee and receive benefits and protections under the California Labor Code, the law is not tailored to this new market and renders itself ambiguous. Although many solutions were presented in the past, such as the Borello Test, the ABC Test, Assembly Bill 5, and Proposition 22, no employment …