From the The National Law Review — Guy Brenner and Carolyn M. Dellatore write “Judge Jesse M. Furman…found that the chauffeurs were in fact correctly classified as independent contractors under both statutes, and therefore not subject to the wage requirements of the state and federal wage laws. Judge Furman reached this conclusion in part based on his findings that the drivers:
- Set their own schedule of work and could reject jobs at will;
- Were free to—and frequently did—work for other car services and provide transportation to private customers;
- Made numerous decisions that affected their overall profitability, such as whether to rent or buy a franchise, work for other car service companies, hire other drivers, and solicit private clients;
- Exercised a significant degree of independent initiative and took affirmative steps in order to book jobs;
- Classified themselves as independent contractors on their tax returns;
- Received no benefits from Defendants;
- Received no salary but only retained a percentage of the fares; and
- Could terminate the franchise agreements at will…”
Read the full story at New York “Black Car” Drivers Found to be Independent Contractors
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