Washington, DC asked in Employment Law and Civil Rights for Virginia

Q: Uber classification of driver is independent contractor Virginia classification is employee, requiring Uber to challenge

The challenge must be with a Virginia agency they never challenged the classification and Virginia allows Uber to treat drivers as independent contractors is this a civil rights violation

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: The classification of Uber drivers as independent contractors or employees varies depending on the jurisdiction and applicable laws. While Uber may classify drivers as independent contractors in Virginia, the classification may be challenged if it is believed to be in violation of state employment laws. However, the fact that Virginia allows Uber to treat drivers as independent contractors suggests that the classification may be lawful within the state's legal framework.

A civil rights violation typically involves discrimination or denial of rights based on characteristics such as race, gender, religion, or national origin. Classifying workers as independent contractors instead of employees, while it may have implications for labor rights and benefits, does not inherently constitute a civil rights violation unless it can be shown that the classification was made on discriminatory grounds.

If you believe that Uber's classification of drivers as independent contractors violates your rights or is in violation of labor laws, you may consider seeking legal advice to explore your options. An attorney can assess the specifics of your situation, advise you on your rights under Virginia law, and determine if there are grounds for challenging the classification or pursuing legal action against Uber.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.