Guide to the Law for Uber and Lyft Drivers

uber and lyft drivers

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The law on “ride-sharing” or “ride-hailing” services is in flux. The largest companies offering these services, also called “transportation network” companies, are Uber and Lyft. Here is the latest.

Are Uber and Lyft drivers employees or independent contractors?

The big question of whether Lyft and Uber drivers are contractors (“freelancers”) or employees is still being sorted out by the courts. See the latest and an explanation of the difference between an employee and an independent contractor at our Guide to Law for Independent Contractors.

Are ride hailing service drivers entitled to any benefits?

It depends on whether they are considered employees or independent contractors, which is still being sorted out, as discussed above.

What does the Uber or Lyft driver contracts mean for me?

See our Guide to Contracts and Agreements for some basics about contracts.

What happens if an Uber or Lyft driver gets into a car accident?

If the accident is not the fault of the Uber or Lyft driver, then it is essentially a typical car accident case.

If the Uber or Lyft driver IS at fault: Uber and Lyft provide insurance coverage for accidents that are the fault of the Uber or Lyft driver. Whether those apply depends on whether the Uber or Lyft driver was actively using the app at the time.

If the Uber or Lyft driver was NOT using the app at the time, then only the Uber/Lyft driver’s personal car insurance would kick in (which they are required to have in order to drive for Uber or Lyft).

If the Uber or Lyft driver WAS using the app at the time, then Uber or Lyft’s insurance policy may cover the incident.

For more, see more information about car accidents and get legal help.

Uber and Lyft in New York City

New York City recently passed some regulations for drivers, although Uber is fighting back by suing.

Is there a cap on the number of Uber & Lyft drivers in New York?

Yes. Uber & Lyft drivers must get a for-hire vehicle license for their car, and as of August 2018, no new licenses will be issued. However, there is an exception for wheelchair accessible vehicles and for geographic areas where there is no congestion.

Is there a minimum wage for Uber & Lyft drivers in New York?

Yes, it’s $17.22/hour.

Uber and Lyft in Texas

Are Uber & Lyft drivers required to be fingerprinted in Texas?

No. A Texas statewide law passed in 2017 overturned laws in Austin and Houston that had required drivers to be fingerprinted.1HB 100


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