[avalaunch]

I'm not sure it's that cut and dry. Since the driver isn't an employee, but instead an independent contractor, he could have the app on while he's driving to go get groceries or any number of other personal errands. Should Uber be liable then? Maybe, maybe not. I'm not sure.

[faramarz]

I understand your reasoning and I count myself on that side of thinking.

But then again, if you think about it, being an Uber driver is unlike any other contractor. If I were an Uber driver, i'd have my app open as much as possible. every second is potential income, and every ping to my app is guaranteed income.

Can a php contractor say that by having their email client open all day?