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What does that matter?

Just because you can pick your own hours/work schedule, that doesn’t make you an independent contractor. At least it’s not determinative in the US under federal law nor any state that I am aware, but maybe that is the Dutch law and the court just got it wrong here




Here in the Netherlands, where the ruling was made, it's definitely the case that being able to determine your own hours is one of the requirements of being a freelancer.

When I was freelancing, clients could not tell me at what time I had to be in the office, when I could live, or on which days I had to go, to avoid me being considered an employee.


I don't believe that was GP's point. Setting your own hours is not anathema to an employer-employee relationship.


To determine if they are employees we look for ways the Uber/driver relationship is similar and different to other businesses using the employee model.

To determine if they are contractors we look for ways the user/driver relationship is different from other businesses using the employee model.

If no other businesses allow employees to set their number of hours with such flexibility then that is evidence the relationship doesn't fall under the employee model.

This need not be all or nothing but it is (obviously) a factor.




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