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Regulatory Law Keyed to Shapiro, 4th Ed.
McGillis v. Department of Economic Opportunity
Citation:
210 So. 3d 220 (2017)Facts
Darrin McGillis served as an Uber driver in Florida until Uber revoked his access to the technology platform based on alleged violations of Uber’s user privacy policy. McGillis then filed a claim for reemployment assistance against Uber. The key issue was whether McGillis was an employee entitled to benefits or an independent contractor. Uber’s business model involves connecting drivers with customers through a smartphone application. Drivers use their own vehicles, set their own schedules, and decide which ride requests to accept. Uber’s contract with drivers explicitly classifies them as independent contractors. Drivers receive a percentage of the fare, are paid weekly via direct deposit, and receive 1099 forms for tax purposes. Uber does not provide benefits like medical insurance or vacation pay. Drivers are evaluated through passenger ratings rather than direct supervision. McGillis had freedom to determine when and where to work and could simultaneously work for Uber’s competitors.
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