Legislature advances bill classifying gig workers as independent contractors

Feb. 4, 2025, 6 p.m. ·

Sen. Megan Hunt in debate Tuesday (Photo by Fred Knapp, Nebraska Public Media News)
Sen. Megan Hunt in debate Tuesday. (Fred Knapp/Nebraska Public Media News)

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Senators in the Nebraska Legislature gave first-round approval Tuesday to a bill that would ensure gig workers like Uber drivers are treated as independent contractors, not employees.

Critics of the proposal say it would deprive workers of rights like health insurance and the ability to unionize. But the bill’s sponsor, Sen. Robert Hallstrom, said workers want to maintain their independence.

“Virtually every poll, survey and election has shown that this is what the overwhelming majority of drivers on the Uber platform want… 75% of the drivers express their preference to remain as independent contractors,” Hallstrom said.

Hallstrom said that figure came from a Morning Consult poll. That poll was sponsored by Flex, a corporate coalition that includes Uber and Lyft.

But Sen. Terrell McKinney questioned drivers’ support for the measure, citing the fact that they didn’t show up to support the bill when it had its public hearing.

“For this bill, people didn't show up -- only representatives from Uber and the introducer, the drivers didn't testify,” McKinney said. "If the drivers really wanted this, they would have came. They didn't come."

They didn’t come to testify against the bill, either. The only opposition in the public hearing came from the AFL-CIO labor federation.

Sen. Megan Hunt said judging from comments on social media, drivers views are not uniform.

“I'm seeing kind of a mix. I'm seeing people who do want to unionize. I'm seeing people who don't. I'm seeing a robust discussion between those drivers talking about how they would like to operate in this space," Hunt said. "I don't think it's the role of government, I think it's an unnecessary government intervention for the Nebraska Legislature to then come in and say, you know, ‘We're going to make that decision for you.'"

But Hallstrom pointed to existing law to argue that the Legislature has made similar decisions in the past.

“There are 21 categories of workers who, at one time or another, have been excluded from the definition of employment, including agricultural laborers, domestic service providers… and interestingly enough, direct sellers. And direct sellers, to me, are Uber drivers on foot,” he said.

After about four hours of debate stretching over two mornings, senators voted 33-12 to give the bill first round approval.

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