If somebody wants to push it even further- they could find themselves in trouble with the DOT, IRS, ICC etc.
Having owned a transportation company for almost 20yrs, I learned some important requirements & restrictions when hiring independent "contractors" -VS- company "employees".
For Instance-
- A company can enforce things like a dress code (uniforms) when it comes to company "employees" But can't make independent contractors wear company "employee" uniforms.
- A company can pay independent contractors a "fee" for services rendered. But, cannot pay them an hourly wage & take out taxes.
- A company can make "employees" work certain hours & do certain tasks. But, cannot force an independent "contractor" to do anything.
- Independent contractors cannot be forced to drive "company" owned or leased vehicles. (Although certain "safety" requirement can be enforced.)
Sure, a company can set certain policy & standards for independent "contractors". But, the do have to be very careful because if they push requirement too far, the government can/WILL consider "contractors" to be company "employees". The government is actually scrutinizing companies that utilize "independent contractors" very closely because so many companies are looking for a loophole around federal "employee" regulations.
I started my "cargo" transport company and wanted to exclusively utilize independent contractors to save money & payroll fees because it didn't make much sense financially to have employees collecting hourly wages & benefits when there wasn't enough work to keep them busy 40hr a week. But, after a complaint was filed by a larger competitor, I was legally FORCED restructure my company & business model.
(Fortunately we were able to survive until other insurance & new government employee requirements nailed the final nail in the coffin of our "small" company.)
IMHO:
This could be the beginning of the end for Uber. If a contractor gets fired because it's discovered he is "legally" carrying a firearm in his personal vehicle and files a lawsuit "rightfully" claiming he is an "independent" contractor and therefore is not subject the same rules as a company "employee". This could bring unwanted attention and possibly a government enforced change of the Uber business model.
A lawsuit brought by a customer who get robbed or shot while riding in one of their "taxis"; or a lawsuit by a competitor (like in my situation), could possibly to the same thing and force Uber out of the "taxi" business.