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In reply to the discussion: No Uber for me... [View all]

athena

(4,187 posts)
15. Setting your own hours is not the definition of an independent contractor.
Fri Apr 28, 2017, 06:33 PM
Apr 2017

The person has to be doing the work regardless of whom they work for. That would mean that the Uber driver would be driving people around for money not just for Uber but for other companies, as well. Given that almost all Uber drivers drive only for Uber, they are employees. Uber is taking advantage of its drivers.

From the IRS:
https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-defined

People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. However, whether these people are independent contractors or employees depends on the facts in each case. The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.

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