Legal Trend: Class Certification for Ride Share Drivers

The hot legal question for ride share drivers is– Are they employees or independent contractors? A regulatory authority in California has rule don individual cases saying drivers are employees, but court consensus is coming.

U.S. Court of Appeals for the Ninth Circuit will hear an appeal from Uber against certifying a class action lawsuit by drivers. The issue before the appellate court is supported by the argument that whether drivers are employees or independent contractors is :

  • a case…

Legal Trend: State Supreme Court Strikes Down Red Light Cameras

Missouri Supreme Court struck down red light cameras this week. The rational:

  • One of the city ordinances stated no points would be applied against the person fora  red light camera violation, but that conflicts with state law requiring points for moving violations.
  • Another city ordinance unbconstitutionally shifted the burden of proof of that the moving vioaltion occurred onto the defendant.

Courts have also halted red light camera use in Florida. Illinois & California have upheld the use…

Regulatory Trend for Ride-Share: $7.3M Uber Fine. Information Reporting.

 California Public Utilities Commission, which has oversight of ride share and taxis, ordered Uber to “pay a $7.3 million fine and hand over required information about safety and accessibility — or shut down in the ride service’s home state.”

Other ride share companies had provided the California Public Utilities Commission information, including:

  • number of customers requesting rides in vehicles  accommodating people with disabilities
  • how often they complied with requests from people…

Ride Share. Sharing Economy. Regulatory trend: Employees or Independent Contractors

A California regulator ruled certain ride share drivers to be employees for wage claim purposes and it has regulators, policy makers, attorneys and investors in overdrive.

Investors keep investing in the companies. The Recorder    Bloomberg

Regulators & policymakers go both ways.   Hillary Clinton is said to be using the independent contractor stance as a campaign issue. TechCrunch  Jeb Bush is hailing a ride share vehicle to arrive at a speaking engagement with tech cred. SF Weekly …

Legal Trend: Texas wins. No Confederate License Plate. But not for the reason you think.

The US Supreme Court sided with Texas denial of the confederate license plate design. One would naturally think the ruling hinged on free speech, but alas, one would be wrong.

The US Supreme Court decision found that Texas could deny the licnese plate because the license plate itself is the property of Texas and refelct government speech.

Houston Chronicle

Regulatory Ruling: Ride Share Drivers as Independent Contractors or Employees? 2 part answer.

On Wednesday, California Labor Commissioner ruled that ride share drivers are employees. Its a ruling some say upends the business models for ride-share. The Regulatory rational:

  • Ride Share companies are involved in every aspect of the operation.

  • Ride Share companies dictates such things as how old a driver’s car can be and who is qualified to offer services through the Uber platform.

The Labor Commissioner ruling arose from a wage …

Sharing Economy, Ride Share Meet Transportation Policy

Republicans and Democrats joining forces raising questions over whether in the sharing economy that ride share calls home, are drivers indpendent contracts or are they employees who aren’t receiving the benefit of employment?

Liberal Sen. Elizabeth Warren (D-Mass.) to a Republican member of the National Labor Relations Board are leaning toward the latter- that the drivers are employees and that companies are avoiding paying benefits.  

Rest assured, Liberals and Republicans…

New Front in Ride Share Regulation: Regulating the APP

Welcome to New York City, home of regulating app. NYC Taxing and Limousine Commission is proposing new rules to require:

” smartphone app operators “must apply for approval of a modification” for certain changes to any app used to arrange vehicle rides for hire.”

Ride Share companies say: the proposal “effectively grant the commission veto power over software updates”

The city says: don’t worry, we’re just…” “codify[ing] basic safety and consumer protection requir…

Uber Patiently Waits for State Guidance while Houston Mayor Parker Patience Wears Thin.

While we wait to see what the Legislature does with ride-share, Mayor Parker is asking that Uber submit a compliance plan to the City of Houston.

Uber has until Friday to comply. Houston is eager to match drivers to drivers licenses after the alleged April 2015 sexual assault of a passenger by an Uber driver. 

Houston Chronicle with Mayor Parker’s Lett…