BOLI issued an Advisory Opinion today that concludes that Uber drivers are employees, not independent contractors. BOLI used facts from California administrative and court cases to analyze whether the drivers were contractors or employees under Oregon’s six factor test. BOLI concluded that Uber drivers are employees because:
- Uber exercises a significant degree of control over driver’s actual work;
- the driver’s investment is negligible compared to Uber’s multi-million dollar infrastructure;
- each driver’s profit and loss is dependent upon Uber making hours available, not on the managerial skills of the worker;
- drivers do not exercise managerial and business like skills that would indicate they are operating an independent business;
- drivers may work for Uber indefinitely, rather than on a project by project basis;
- drivers perform work that is integral to the business;
The Opinion is not binding. However, it strongly indicates BOLI’s position on this issue.