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Ridesharing Risks continued from page 41

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not pay out in the event of an accident involving the drivers they claim little to no legal control over. Meanwhile, a TNC driver’s private insurance company may also deny coverage, cancel policies, or refuse to pay, deeming the driver’s activity commercial in nature. For now, TNC companies continue to operate in a legal grey area in most jurisdictions. Illinois is one of few states that appreciates the validity of the TNC business model while still recognizing the need for accountability and fair regula- tion to protect drivers, passengers, and third parties. Still, further legislation is needed to provide additional legal protec- tions for participants and to ensure that TNCs operate freely–and safely–in our communities. Corinne C. Miller is an associate litigation attorney at Lawrence & Morris in Chicago. She focuses her practice on personal injury, real estate, landlord-tenant, and commercial litigation. Save on hundreds of popular titles! For gifts, your reception area or personal use. Guaranteed lowest rates, convenient ordering. Hundreds of satisfied CBA members. To order, visit www. buymags.com/chbar or call 800/603-5602. DISCOUNT MAGAZINE SUBSCRIPTIONS– GREAT HOLIDAY GIFT IDEA!

law, Uber and other TNC drivers are not considered to have the legal status of “employees.” According to the Illinois Employee Classification Act from the Illi- nois Department of Labor, an individual is considered an employee unless : 1) the individual is free from control or direction over the performance of service; 2) the service is performed outside the scope of usual services provided by the individual; and 3) the individual is in an indepen- dently established trade or deemed a sole proprietor under law. While TNC drivers make their own schedules, their business would not exist but for the assistance of theTNC app facili- tating their ride availability. Consequently, TNC companies argue that the driver’s obvious autonomy trumps any minimal control the company may have over their drivers. Despite Illinois and several other states’ labor commissions making prelimi- nary findings that deemTNC drivers to be independent contractors, there is still little authority supporting this from the courts. In O’Connor , to the extent that the inde- pendent contractor versus employee debate has been addressed thus far, the Court made decisions on procedural legal issues and not on the merits of the employment argument. Only time will tell what pro- tections will be extended to TNC drivers, their passengers, and any third parties that may be affected by a TNC driver’s journey, regardless of the phase of the drive. End of the Ride? Christopher Nolan, the attorney represent- ing the family of the six-year-old who died in 2013, optimistically noted that “[a]s transportation delivery systems evolve so will the law. The technology may change but the basic rights of the public to safety and accountability will be upheld through the civil justice system.” The current regulations in Illinois and other jurisdictions are placing drivers, pas- sengers, and third parties in an insurance limbo, where TNC insurance may or may

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offer CLE and provide other educational resources that traditionally were found only at bar associations. However, the firms cannot offer the social and network- ing experiences that the bar association provides. There is a huge benefit to learning with and from attorneys outside of your own law firm. You never know when that relationship will enhance your career, such as through a referral due to conflicts. What is your favorite annual CBA event and why? Without question, it is the annual Bar Show, also known as Christmas Spirits. This is the satirical musical review that is produced and directed by, and stars, only lawyers. While I am not talented enough to be a member of the huge production cast and crew, I have been one of the most loyal members of the audience (next to my late father, who started attending the Bar Show before I was born). I attended my first Bar Show while still in law school in 1982. I have not missed a single show since then. The show is fantastic, and it offers a wonderful opportunity to entertain clients, family and friends. I attend with my many family members who are members of the Bar, and I invite and entertain clients. I have already reserved my tickets for the 2015 performance in December.

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