San Francisco Uber Driver Is an Employee, California Labor Office Rules

LOS ANGELES (Los Angeles Times/TNS) —

The California labor commissioner’s office has determined that a San Francisco-based Uber driver is an employee, not a contractor, of the popular ridesharing service, according to a document filed in a San Francisco court Tuesday.

Uber has argued that the driver, Barbara Ann Berwick, is a contractor, and therefore not entitled to recover claimed wages or expense reimbursements for mileage and tolls.

According to the order, which was handed down by the office of the commissioner earlier this month and included in a notice of appeal filed by Uber on Tuesday, Berwick’s work was “integral” to Uber’s business, which is to provide transportation to passengers.

Uber is involved in “every aspect of the operation,” the order said, including vetting drivers, requiring them to provide personal banking, Social Security and address information, conducting DMV and background checks, and only allowing drivers to operate cars that are less than 10 years old and registered with Uber.

An Uber spokeswoman could not be immediately reached for comment.

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