Hastings Women’s Law Journal


Jillian Kaltner


Uber and Lyft drivers are part of a vast pool of workers in the new economy who exist in the legal grey area between independent contractors and employees. Because these workers are currently classified as independent contractors, they are without the protections and benefits that are guaranteed to employees by law. This note delineates the work risks facing Uber and Lyft drivers and various approaches scholars have used to attempt to address their employment status. It analyzes the driver’s employment status using the widely accepted Economic Realities test, and discusses the roadblocks these workers will likely face on the road to gaining employee status.