The Labor Commission says that Uber drivers are contractors and not employees

But, citing a decision of the Federal Court of Appeal, the memo also stated that the "guiding principle" used to determine the status of contractor was whether the worker had the opportunity to profit from the 39 activity in the same way as an entrepreneur.

"The drivers had a significant entrepreneurial opportunity because of their almost complete control over their cars and their work schedules, as well as the freedom to choose the connection locations and work for Uber's competitors," says the memo.

Marshall Babson, a former union council member appointed by President Ronald Reagan, who is now a union advocate representing management, said the Advocate General's conclusion was dictated largely by the limitations of the law. federal.

While the conclusion may not be satisfactory for those who believe that the National Labor Relations Act, promulgated in 1935, does not reflect the realities of the current workplace, Mr. Babson stated that the Council does not did not have the power to extend the boundaries of the law. own.

"Congress must do it, not the N.L.R.B.," said Mr. Babson.

However, Wilma Liebman, president of the board of President Barack Obama, said the note underscored the importance of the factors that define a contractual relationship, for example if both the company and the worker believe that the person is a contractor , drivers perform a central function in Uber's business.

Ms. Liebman added that the memo adopted an extremely permissive view of entrepreneurship, as drivers could not set prices or sell their personal services to potential customers. The entrepreneurial opportunities of the driver are almost "completely limited by the price control by the company," she said.

Some groups of workers insisted that drivers would not be deterred from mobilizing for better treatment, even without the protection of federal labor law.

"Drivers around the world are organizing and demanding fees," said Bhairavi Desai, executive director of the New York Taxi Workers Alliance, in response to the memo. "The road can be long and difficult, but in one way or another, Uber will have to meet his workers."