The National Labor Board issued a memo yesterday, officially classifying Uber drivers as contract workers, not employees.
According to the memo from the board's general counsel, which was dated April 16 but not released publicly until yesterday, since Uber drivers are contract workers, they are not entitled to federal protections, like the ability to form unions.
A key factor in the board's decision was the ability for Uber drivers to choose when to work.
"The drivers had significant entrepreneurial opportunity by virtue of their near complete control of their cars and work schedules, together with freedom to choose log-in locations and to work for competitors of Uber," the memo reads. "On any given day, at any free moment, drivers could decide how best to serve their economic objectives: by fulfilling ride requests through the App, working for a competing ride-share service, or pursuing a different venture altogether."