by Sania Chandrani*
As jurisdictions decide how to properly compensate rideshare app drivers on platforms like Uber and Lyft, they consider whether these workers are properly categorized as independent contractors or employees. With the designation of “employee” comes the protections of the Fair Labor Standards Act (“FLSA”)—minimum wage and hour regulations. Of their obligations as would-be employers, platforms contend that paying employees for time spent waiting to pick up a rider is untenable for their business model. This Contribution suggests that as states develop regulations that qualify drivers for some employee protections, courts will apply the same balancing test they do for employees when determining whether drivers’ wait time is compensable. After analyzing the prominent factors considered by courts, this Contribution argues that platforms exaggerate their concerns. Because only parts of drivers’ “idling time” would be compensable per the FLSA, regulations bringing drivers closer to employee status would not trigger a windfall for plaintiffs, but rather fairly compensate workers for time spent waiting for passengers using rideshare platforms.