CDF Partner Mark S. Spring provided commentary in the HR Dive: Human Resources and Workforce Management News article "Lyft sexual assault suit alleges inadequate background checks, investigations."
Except: "Dive Insight: The lawsuit deals partly with the issue of control over independent contractors in the gig economy, though many of the solutions proposed by plaintiffs in the suit wouldn't lead Lyft to blur the legal line between independent contractor and employee, Mark Spring, office managing partner at Carothers, DiSante and Freudenberger, and chair of the firm's traditional labor law practice group, told HR Dive in an interview. "A lot of the things being asked to be done, I don't think are major indicators of control," he said.
Lyft wouldn't be doing much more in the way of control by adding onto background checks, Spring said. And as far as updates to its app, the company announced Tuesday that it would roll out a feature later this year that will send users notices checking on them during and after a ride and asking if they need support. In May, it added a "panic button" within its app that allows riders to call 911.
As far as requiring drivers to add recording equipment, Spring explained that such a policy may affect control depending on how the equipment is paid for. "If Lyft is requiring drivers to pay for it, that's an indication of independent contractor status," he said"
To read the full article, click HERE.
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Mark Spring
Mark S. Spring has over thirty years of experience handling labor and employment law matters throughout Northern California. Spring’s practice is focused on the representation of management in union-management relations and…
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