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Uber and the Independent Contractor Conundrum.

 

 

This chapter includes an important discussion of whether a person who works for another is an employee or an independent contractor. The distinction between employee and independent contractor has become an important issue in California (and perhaps five other states) as it relates to the relationship between Uber and Uber’s drivers.relating to the importance of the distinctions between employees and independent contractors, and briefly identify the nature of those distinctions, and identify the reasons a company might wish to characterize one who works for the company as an independent contractor, rather than an employee.

 Next, review the courts’ decisions, as well as published commentaries about the lawsuits that have been filed by Uber drivers against the company in California, and by Uber drivers in at least two of the other states where actions have been filed, and at least initially, resolved. After reviewing and critically analyzing both sides of the issue, briefly (very briefly) summarize the positions and reasons that have been given by the courts on each side of this important issue. After carefully considering all of the materials that you have reviewed, and after briefly summarizing both sides of the argument, based on rational argument, legal reasoning, and critical thinking, identify which side of the argument is stronger, providing legal and factual justification as to why it is the stronger argument. (Merely concluding that both sides are right is NOT a sufficient response for this paper – you must identify which side has the stronger argument based on all that you have read, and based on what you have learned from this project.) Finally, based on what has occurred so far in California in the Uber case, do you believe the courts of this state will side with Uber, or with Uber’s drivers, and briefly justify your conclusion. 

 

 The total length of each completed paper shall NOT exceed four (4) pages (the Cover Page and Works Cited Page are NOT “pages” for page-counting purposes). The page-length requirement will be strictly construed, with a significant point reduction for any paper that exceeds the four (4)-page maximum.

The paper shall be submitted in the following format: 12 point font, Arial type, and, double-spaced – points will be deducted from the final grade on the Research Paper if a student fails to follow these format requirements.

Neither an Executive Summary nor an Abstract is required or desired. 

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