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Uber Drivers Identified as Independent Contractors in Florida


Recently, the Florida Department of Economic Opportunity ("DEO") held that Uber drivers are independent contractors and therefore not entitled to unemployment benefits.  The issues arose after Darrin McGillis and Melissa Ewers both wanted to be Uber drivers in Florida.  They downloaded the driver app and started to work for Uber.  However, Uber ultimately revoked McGillis and Ewers' access to the app and they both filed for unemployment benefits.  Initially, the Florida Department of Revenue ruled they were both employees and entitled to benefits.  However, Uber appealed the ruling.  

In the DEO opinion, it was noted that Uber allows drivers to use the app on their own terms.  Drivers can decide when and how long to drive (which gave the drivers "control over the details of their work"...that's a buzz word right there), use their own vehicles for work, choose customers, and can even work for competitors if they choose.  Therefore, Uber argued that it was in essence a "middleman or broker for transportation services", rather than an employer.  

The DEO agreed with this line of reasoning and held "Uber is no more an employer to drivers than is an art gallery to artists."  In this instance, the DEO found little ground to hold that Uber was an employer given the wide range of autonomy that was afforded to Uber drivers:  drivers work when they want, can choose which customers to serve, set their own schedules, have little to no supervision, etc.  Based upon this line of reasoning and the facts presented, the DEO held that Uber drivers are independent contractors rather than employees of Uber.

Note, this fight is not over yet.  McGillis has already filed his appeal of the DEO decision.  Time will tell if Florida courts follow this same line of reasoning.  In any event, put this one in the win column for Uber...for now.


A copy of the DEO opinion can be found here:  miamiherald.typepad.com/files/uber-final-order-12-3-15.pdf

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