Handling Independent Contractors with Uber's Drivers Terms of Service

While artfully worded, most people think of Uber as a ride service and their drivers as one and the same, not a software company. Drafters should take care not to create contracts that elevate form over substance. Regardless of how Uber labels itself and its drivers, legal tests determine whether drivers are employees or independent contractors. Customers--and perhaps even some drivers--would be surprised to learn that drivers sign a software agreement, not another type of contract or employment agreement. Thank you for listening!

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