Uber and Lyft on Proposed Rule: Return to Obama Era Approach which Did Not Result in Reclassication of Drivers

In a blog post, Lyft commented on the proposed rule saying that the proposed rule “is similar to the approach the Obama Administration used to determine employee status. This approach previously applied to Lyft and app-based companies and did not result in reclassification of drivers.” Lyft’s blog statement said: 

Today the Department of Labor released a proposed rule. There is no immediate or direct impact on the Lyft business at this time. The release today will allow for 45 days of public comment. This is just the first step in what is likely to be a longer process before any final rule or determination is made.

Importantly this rule:
  • Does not reclassify Lyft drivers as employees.

  • Does not force Lyft to change our business model.

  • Is similar to the approach the Obama Administration used to determine employee status. This approach previously applied to Lyft and app-based companies and did not result in reclassification of drivers.

  • Was expected on day one of this Administration.

Any new rule that addresses independent contractor status should be informed by those it impacts most: the workers. App-based work, in particular, is fundamentally different from traditional 9-to-5 work. Nowhere else can you find the same minute-by-minute flexibility to decide when, where, and for how long you want to earn. This type of independence and flexibility is the primary reason people turn to app-based work in the first place. Lyft will continue to advocate for laws like the one in Washington state which gives workers what they want: independence plus benefits and protections.

In survey after survey, in state after state many drivers say they choose this work because of the independence and flexibility it provides. Federal policy makers should listen to a large and diverse group of drivers before publishing a final rule.

Read the full blog post at Department of Labor Proposed Rule – Our Take – Lyft Blog

 

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