Independent Contractors or Employees? Why Mediation Should be Utilized by Uber and Its Drivers to Solve the Mystery of How to Define Working Individuals in a Sharing Economy Business Model

Authors

Ethan Rubin, Benjamin N. Cardozo School of Law

Abstract

In an effort to do so, each section of this Note will address a different issue of the ongoing disputes between Uber and its drivers and suggest potential solutions for both parties. Section II focuses on the differences between Uber and its drivers' points of view on whether Uber drivers should be considered employees or independent contractors via National Labor Relations Board ("NLRB") terminology. Section III discusses why it is difficult to label Uber and its drivers under traditional employment law terminology, as well as failures to do so through negotiation, litigation, and arbitration. Section IV proposes that with an appointed mediator, the Uber cases can be handled in the most effective and fair way for both Uber and its drivers, because in a new type of economy with little precedential case law and few applicable statutes, it is best to leave the outcome in the hands of market participants. In conclusion, Section V briefly outlines why this note proposes that mediation is a better alternative to arbitration; why mediation is the best alternative for now; and why it is so important that this dispute is resolved by Uber and its drivers rather than by an arbitrator or judge.

Disciplines

Contracts | Dispute Resolution and Arbitration | Law

Recommended Citation

Ethan Rubin, Independent Contractors or Employees? Why Mediation Should be Utilized by Uber and Its Drivers to Solve the Mystery of How to Define Working Individuals in a Sharing Economy Business Model, 19 Cardozo J. Conflict Resol. 163 (2017).
Available at: https://larc.cardozo.yu.edu/cjcr/vol19/iss1/10