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Noah Feldman

Does Uber Have Employees?

Here's one labor question any kid can answer.
Kids' stuff.

Kids' stuff.

Photographer: David Ramos/Getty Images

Is an Uber driver an employee, as the California Labor Commission has ruled, or an independent contractor, as Uber maintains?

You don’t have to be a lawyer to have an opinion, and now that school’s out, I asked two associates who happened to be with me as I was reading the labor commissioner’s decision. The 8-year-old said that Uber isn’t supervising the driver, so Uber isn’t the employer. The 9-year-old said Uber can fire the driver if the driver’s rating gets too low, which sounded more like Uber was the boss.