From Newmeth Law Employment Blog, Patricia Nemeth and Kellen T. Myers discuss the Florida finding that an Uber driver was an independent contractor and a recent Michigan statute that also says Uber and Lyft drivers are independent contractors. They write:
On March 21, 2017, the “Limousine, Taxicab, and Transportation Network Company Act” becomes effective, taking this issue out of Michigan courts’ hands. The Act explicitly provides that drivers for transportation network companies (such as Uber and Lyft) are independent contractors provided certain conditions are met:
- the transportation network company does not prescribe the hours that the driver must be logged into its program;
- the transportation network company does not restrict the drivers’ ability to drive for other companies;
- the transportation network company does not limit or assign territories in which the driver can work;
- the transportation network company does not prohibit a driver from engaging in any other occupation or business; and,
- the transportation network company and the driver agree in writing that the driver is an independent contractor.
Importantly, the Act is limited only to transportation network companies like Uber and Lyft and does not apply to other gig-economy companies in Michigan.