Whether ride-share companies like Uber and Lyft should be required to treat their drivers as employees is a good topic for discussion (if anyone cares).
My only definitive thought at this point is.... if they're employees, then the original purpose of founding the companies is obviated, and the companies would be no different from old-fashioned taxi cab companies.
It seems akin to telling general contractors who build houses that all independent sub-contractors (plumbers, roofers, etc.) must automatically be considered their employees when they work on projects.
The Constitution (Article 1) says no state shall pass any law impairing contracts between private persons. It is my understanding that drivers sign a contract with the company, so it seems to be precisely on point.
https://study.com/academy/lesson/contract-clause-examples-definition.html
Bob
Bob,
Even the most generous interpretation of the Constitution's contract clause would prevent the state from interfering with existing contracts. States could enact laws preventing future contracts and requiring future driverss to be hired as employees
Quote from: MightyGiants on May 07, 2021, 04:03:17 PM
Bob,
Even the most generous interpretation of the Constitution's contract clause would prevent the state from interfering with existing contracts. States could enact laws preventing future contracts and requiring future driverss to be hired as employees
Rich: That's one way to look at one of the issues, and I'm almost certain I agree with your viewpoint. It could become very complicated depending on which way the first court ruling (if any) goes.
There's also an issue whether the Federal government can set policy on this subject, since the Constitution only mentions "State" governments. Doubtful, IMO, but stranger things have happened.
The Feds have a recognizable power to regulate interstate commerce, but most Lyft/Uber traffic does not cross state lines. There are other issues as well in areas where some Federal power has been recognized.
Bob
Forgot to post this explanatory link:
https://finance.yahoo.com/m/d6bb17a1-a286-363e-9e0d-4c9d659524f7/gig-work-could-change-under.html