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California: Uber Drivers Are Employees, Not Contractors

 & Angela Moscaritolo Managing Editor, Consumer Electronics

Our team tests, rates, and reviews more than 1,500 products each year to help you make better buying decisions and get more from technology.

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Much to Uber's dismay, the state of California has ruled that the ride-sharing company's drivers are employees, not independent contractors.

According to The New York Times, California's Labor Commission made the possibly "precedent-setting" ruling in March but it just surfaced after Uber filed an appeal on Tuesday. In the ruling, Uber was ordered to reimburse former driver Ann Berwick more than $4,100 in expenses and other costs she incurred while working for the company.

Uber says it shouldn't have to pay these fees because it's just a "logistics company," which helps connect independent drivers and passengers and facilitates their private transactions, not a transportation company with a fleet of its own vehicles and drivers. Uber argued that it doesn't set hours for its employees or quotas for how many trips they must take during a given shift.

Nextcar Bug artThe Labor Commission didn't quite agree, arguing that company acts like an employer by providing drivers with phones and deactivating them if they're inactive for 180 days.

"Defendants hold themselves out as nothing more than a neutral technological platform, designed simply to enable drivers and passengers to transact the business of transportation," the ruling states. "The reality, however, is that defendants are involved in every aspect of the operation."

Uber did not immediately respond to a request for comment about the ruling.

The news comes after Uber earlier this year suspended the driving privileges of up to a dozen California drivers who registered their cars as commercial vehicles in response to a memo from the state Department of Motor Vehicles urging them to do so.

Meanwhile, the company is working with Carnegie Mellon on self-driving taxis; see more in the video below.

About Our Expert

Angela Moscaritolo

Angela Moscaritolo

Managing Editor, Consumer Electronics

My Experience

I'm PCMag's managing editor for consumer electronics, overseeing an experienced team of analysts covering smart home, home entertainment, wearables, fitness and health tech, and various other product categories. I have been with PCMag for more than 10 years, and in that time have written more than 6,000 articles and reviews for the site. I previously served as an analyst focused on smart home and wearable devices, and before that I was a reporter covering consumer tech news. I'm also a yoga instructor, and have been actively teaching group and private classes for nearly a decade. 

Prior to joining PCMag, I was a reporter for SC Magazine, focusing on hackers and computer security. I earned a BS in journalism from West Virginia University, and started my career writing for newspapers in New Jersey, Pennsylvania, and West Virginia.

The Technology I Use

My little Florida beach bungalow is brimming with smart home tech. I have a smart speaker or display in every room, allowing me to control other connected devices by voice. The Nest Hub on my bedside table lets me set wake-up alarms, control my smart light bulbs, and set the temperature on my smart thermostat. I use the Amazon Echo Show 8 on my kitchen counter to browse recipes, reorder protein powder, check the weather, and watch the news while I do dishes. 

Because I suffer from allergies, air purifiers are essential. My favorite model is the Dyson Purifier Cool TP07, which doubles as a fan and continuously sends indoor pollution data to its companion mobile app. 

My pitbull Bradley sheds, so a good robot vacuum is a must. I currently use a premium Ecovacs Deebot that can both vacuum and mop, empty its own dustbin, and wash its own mop cloth. 

For fitness, I like to mix up my routine with cycling, indoor rowing, running, and strength training in addition to yoga. I take classes on the Tonal 2 smart strength training machine, I row indoors on an Aviron machine, and track my beach runs with an Apple Watch while listening to music on my Apple AirPods Pro. On the weekends, I love riding e-bikes like the rugged, beach-friendly Aventon Aventure for fun and fitness.

My job involves a lot of virtual meetings, so a quality webcam, microphone, and ring light are important. I use the Jabra PanaCast 20 webcam, the Elgato Wave: 3 microphone, and a Yesker tripod ring light. 

As for my preferred phone platform, I'm an iPhone person, but I've also extensively used Android for product testing.

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