Navigating the Legal Responsibilities of Being a Rideshare Driver

Tips from Florida attorneys on being an independent contractor

By Andrew Brandt | Reviewed by Canaan Suitt, J.D. | Last updated on June 3, 2024 Featuring practical insights from contributing attorneys Donna Ballman and Gary Andrew Costales

Use these links to jump to different sections:

At first glance, driving for a rideshare company comes with plenty of perks, like working when you want, for how long you want, with no boss looking over your shoulder. The reality is less rosy.  

Rideshare Drivers Are Considered Independent Contractors

First, you’re not an employee of the rideshare service—also called a Transportation Network Company (TNC)—but an independent contractor, a role with its own responsibilities. 

“Approach it as if you’re the owner of a business,” recommends Donna Ballman, an employment & labor attorney at Donna M. Ballman, P.A. in Cooper City. “Be aware of things like insurance coverage and other issues you may need to examine in a business model that you’re used to having an employer taking care of.”

Gary A. Costales, an employment & labor attorney at the Law Offices of Gary A. Costales in Miami, agrees. “You have to have good habits for keeping records,” he says, “because those will carry forward into the future for Uber drivers and Lyft drivers.”

The rideshare contract may give [drivers] some rights—as far as under what basis they can terminate your contract and what rights you have if they do. You need to have a copy of that contract and understand what your rights are—especially if they do decide to try and terminate you.

Donna Ballman

One way to make record-keeping easier? Obtain a credit card, says Costales, and use it solely for your rideshare-related expenses. That way, come tax season, you’ll have less digging to do. “You also have to set aside something for the payment of FICA taxes,” he adds. “Even though you’re an independent contractor, you still have to pay FICA and payroll taxes like anybody else. Set that money aside as you go, so you’re not hit with a big tax bill at the end of the year.”

If you’re a new driver and your tax situation seems daunting, Ballman suggests hiring an accountant. “There are probably a lot of things that are deductible that you might not think about, so I do recommend getting some tax advice,” she says.

Perhaps the most important aspect of being an independent contractor is recognizing what state laws apply to you. “Independent contractors need to be more aware of what rights they do and don’t have,” says Ballman. “So things like Title VII, the Florida Civil Rights Act, the Fair Labor Standards Act—those things don’t apply to them. Sometimes contractors think they have rights that they don’t.”

You have to have good habits for keeping records, because those will carry forward into the future for Uber drivers and Lyft drivers… Set [tax money] aside as you go, so you’re not hit with a big tax bill at the end of the year.

Gary Andrew Costales

Contract Law and Independent Contractors

While discrimination, workers’ compensation, and unemployment laws don’t apply to rideshare drivers, contract law absolutely does. 

“Their situation is governed by whatever contract they signed with their rideshare company,” says Ballman, who recommends having an employment attorney review your driver contract if anything is unclear. “The rideshare contract may give you some rights—as far as under what basis they can terminate your contract and what rights you have if they do. You need to have a copy of that contract and understand what your rights are—especially if they do decide to try and terminate you.”

For Florida drivers who are disheartened by laws and legal decisions that deem rideshare drivers as independent contractors rather than employees, their status on a national level may still be up in the air. “We’ve got a new administration,” says Ballman, “and they’re making a lot of changes to employment law. The U.S. Department of Labor [finalized a rule in January 2024] saying when gig workers are considered contractors on a national level… We are, right now, in a period where we don’t know what’s going to happen. But I believe we’re going to see some changes that are more pro-employee in this administration.”

If you have questions about your legal rights or duties as an independent contractor in a legal dispute, visit the Super Lawyers directory to find an experienced employment law attorney in your area. Learn more about personal injury liability for rideshare drivers when they’re involved in a car accident with other motorists or the complexities of paying taxes in the gig economy.

Was this helpful?

What do I do next?

Enter your location below to get connected with a qualified attorney today.
Popular attorney searches: Discrimination Employment & Labor
0 suggestions available Use up and down arrow keys to navigate. Touch device users, explore by touch or with swipe gestures.

At Super Lawyers, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our legal resources pages are created by experienced attorney writers and writers that specialize in legal content in consultation with the top attorneys that make our Super Lawyers lists. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.

0 suggestions available Use up and down arrow keys to navigate. Touch device users, explore by touch or with swipe gestures.

Find top lawyers with confidence

The Super Lawyers patented selection process is peer influenced and research driven, selecting the top 5% of attorneys to the Super Lawyers lists each year. We know lawyers and make it easy to connect with them.

Find a lawyer near you