Uber stands as a tangible representation of the fruits of modern-day technological innovation, yet the company continues to exploit its drivers who are paramount to its success. As of May 2024, Uber holds over 75 percent of the U.S. ridesharing market, with 149 million active users and 1.5 million drivers in the United States alone. With the sheer ubiquity of Uber’s services, something as fundamental as the status of Uber’s workers as “employees” or “independent contractors” should not still be up for debate. Uber’s reluctance to properly define their workers as either has directly resulted in their maltreatment, robbing them of proper employment benefits. Through a closer analysis of the Fair Labor Standards Act (1938) and the Employee or Independent Contractor Classification Under the Fair Labor Standards Act (2024) passed by the Department of Labor, it is clear that Uber’s workers are not economically independent enough from Uber to be considered independent contractors. Thus, Uber’s workers should be provided with the essential employee benefits granted under the Fair Labor Standards Act, such as paid sick leave and health insurance.
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