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McGillis v. Department of Economic Opportunity

210 So. 3d 220 (2017)

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McGillis v. Department of Economic Opportunity

Florida District Court of Appeal
210 So. 3d 220 (2017)

  • Written by Galina Abdel Aziz , JD

Facts

McGillis (plaintiff) worked as a driver for Uber, a technology company that connected drivers with customers seeking transportation services. Uber drivers agreed to a contractual provision that disclaimed an employer-employee status for independent-contractor status. McGillis used his own car, set his own hours, determined where he worked, and determined whether he would work at all. Uber paid drivers a percentage of the fare charged to passengers through direct deposit each week. Uber provided insurance for commercial operation of a vehicle, but it did not provide medical insurance, vacation, or retirement pay. Each year Uber drivers received Form 1099, an Internal Revenue Service (IRS) form used for reporting payments to independent contractors. McGillis provided similar services for another technology company called Lyft. Uber revoked McGillis’s access to its technology based on alleged violations of the user privacy policy. McGillis filed a claim for reemployment assistance. The Florida Department of Revenue (DOR) found that McGillis was an Uber employee. Uber appealed the decision to the Florida Department of Economic Opportunity (DEO) (defendant), which adopted an order reversing the DOR’s decision.

Rule of Law

Issue

Holding and Reasoning (Logue, J.)

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