In yet another instance of how the legal system hasn’t yet decided if gig-economy employees are employees or independent contractors/professionals, the New York State Department of Labor has ruled two Uber motorists are eligible for welfare however 4 others aren’t.
Due to the fact that the rulings are not public, it’s not possible to understand why some motorists were considered eligible however some weren’t.
In general, state legal professionals, the New York rulings do not set legal precedent due to the fact that jobless benefits are figured out on a case-by-case structure and at the state level.
Although, “in an increasing number of these cases, drivers are being considered employees, which means the state analysis regarding whether they are employees or professionals is leaning in the direction of employees,” stated Veena Dubal, a law professor at the University of California Hastings College of Law.
The New York Times first noted the case of the 2 drivers on Wednesday. The chauffeurs got the rulings in August and September from the New York State Department of Labor.
On Thursday Uber informed USA TODAY that four other drivers who had also obtained welfare in New York state were discovered not to be qualified. The company wants to appeal the judgments for the 2 who were, it stated.
In a declaration, Uber stated that its motorists do not wish to be staff members because they would lose the personal flexibility of being contract employees, which they value a lot of.
Uber stated that in 13 states where drivers have requested unemployment, labor boards have ruled that they were not qualified since they were considered to be independent contractors.
