Uber: "Platform" or "Employer"?

Uber has been under a lot of scrutiny for its practices lately, including a California labor dispute in which Uber was found to be an employer.

Uber maintains that it is a "platform" which arranges rides between customers and drivers.

The problem I have with this claim is that Uber has very strict rules about who can use its platform to be a driver.  Some examples:
  • Cars must be newer than certain years (depends on market)
  • Cars must be safety inspected above and beyond local registration requirements
  • Drivers must pass background checks, including driving records
  • Drivers are not allowed to carry firearms
  • Drivers must be 21 years old (older than legal adult age of 18)

At what point does this list of requirements tip the scales from "platform" to "employer"?



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