Legal IRAC

Issue: O’Connor v. Uber

General Instructions: You are to write a paper analyzing the question of whether Uber drivers are employees or independent contractors under the meaning of the FLSA. To help you identify and apply the appropriate legal rule(s) to this issue, you have been given three primary source documents: the DOL Guidelines, IRS Guidelines, and excerpts from the Eleventh Circuit’s opinion in Scantland v. Jeffry Knight, Inc. (2013). Your paper should be double-spaced and written in clear, articulate paragraphs, with topic sentences and supporting text. Make sure that you use spell check and grammar check before you turn in your finished paper.

Introduction (1 paragraph): Introduce your reader to the problem and provide your reader with background information. To help you craft a strong introduction, make sure that it answers the following questions: Who are the plaintiffs? Who is the defendant? What is the nature of defendant’s business? Where are the parties located?

Use the IRAC model to organize and structure the rest of your paper.

? Issue (probably 1 paragraph): What is the issue you are being asked to decide?

? Rule (probably 1-2 paragraphs): You have been given three documents to help you identify and explain the rule you believe governs this case. In this section of the paper, explain the legal standard for properly classifying employees under the FLSA, the Department of Labor Guidelines, the IRS Guidelines, and the Scantland opinion.

? Application (this is the longest part of your paper, 2-3 paragraphs): Apply the legal rule(s) you have identified to the facts of the case. Do the Uber facts meet the requirements for an employee as set out by the applicable rule(s) or is the company correct in classifying drivers as independent contractors?

? Conclusion (1 paragraph): If you were deciding the case, would you find for the Uber drivers or the company? Why? Implications of the case (1 final paragraph):Why is this case significant to business and to workers? Why is it significant to the on-demand business sector that has been a growing segment of the economy? If on-demand drivers are classified as employees, what would be the impact on business? Conversely, if on-demand drivers are classified as independent contractors, what would be the impact on drivers in terms of employment benefits and the application of employment law? Does this case also raise ethical issues and, if so, what are they?