Pa. Supreme Court rules that Uber driver is not a contractor; is eligible for unemployment

In a 5-2 decision, the Pennsylvania Supreme Court ruled Friday that an Uber driver did not forfeit eligibility for unemployment benefits by starting to drive for the tech giant.

The ruling could have far-reaching consequences for gig workers, as previously reported by the Capital-Star.

Amid pandemic, gig workers’ jobless benefits at center of upcoming state court decision

The majority opinion, by Justice Kevin Dougherty and backed by the court’s four other Democratic justices, says that Uber drivers are not self-employed, but, rather that, “Uber controlled and directed the performance of … services as a driver-for-hire.”

More from the ruling here. Court finds that while Uber drivers have a right to refusal, they note that using that right can get a driver terminated. "We cannot conclude that the right to refuse assignments is not illusory." Tricky double negative! pic.twitter.com/ADrNiQz6nO

— Stephen Caruso (@StephenJ_Caruso) July 24, 2020

Chief Justice Thomas Saylor, who was elected as a Republican, made two observations of note in his dissenting opinion.

I don't speak lawyer, but this quote from the dissenting opinion, by Chief Justice Thomas Saylor, sounds like he thinks he majority opinion is judicial overreach. https://t.co/ozzsjSy2QO pic.twitter.com/eeyYX1U60E

— Stephen Caruso (@StephenJ_Caruso) July 24, 2020

And:

Also from Saylor, an interesting conclusion on this decision's implications. pic.twitter.com/JCDOZ0pYTM

— Stephen Caruso (@StephenJ_Caruso) July 24, 2020

The decision backs up a ruling by the state’s Commonwealth Court, which is controlled by judges elected as Republicans.

I'll add, that the Democratic-controlled Supreme Court in this case upheld a lower court decision by the Commonwealth Court, which is dominated by Republicans.

— Stephen Caruso (@StephenJ_Caruso) July 24, 2020

This story was reported by Capital-Staff Reporter Stephen Caruso. It was aggregated and edited by Capital-Star Editor John L. Micek.