互联网科技创业是极其残酷的，很多面对的是你死我活的竞争，近些年兴起的打车行业尤其如此。而各大资本也开始进入快速注资的模式，因为他们意识到，慢一步可能就意味着自己之前的投资血本无归。
国内的滴滴、快的，在拼杀了许久之后，才被人点破，如果不联合，巨额资本驱使的Uber航母迟早会把他们都干掉。一语惊醒梦中人，不仅相互之间合并，还与Lyft、印度Ola和东南亚GrabTaxi结成联盟。一时间，春秋战国，合纵连横。
不过有的已经撑不下去了，美国打车软件公司Sidecar?就是一例。Sidecar从2011年启动以来共融资了3900万美元，这和Uber、Lyft比起来实在是微不足道，最终在2015年12月31日正式宣布停止经营。据报道，剩余资产被通用汽车以相对较低的价格购买，其中有20名员工也将转入通用。
2016年1月，Lyft再次融资10亿美元，其中包括通用汽车的5亿美元，总体估值上升到50亿美元左右。作为对价之一，通用汽车总裁Dan Ammann将获得Lyft董事会的一个席位。不过相对于Uber超过600亿美元的估值来说，这还是显得体量太小，而且由于单一股东可能占有的话语权相对Uber的股东们更大，未来Lyft的经营管理是否会受到影响还有待观察。
那么独占鳌头的Uber，又境况如何？据报道，Uber在2015年度第三季度的净收入为4.98亿美元，比2014年全年的4.953亿美元还多；不过损失也更大，2015年三季度损失了6.97亿美元，而2014年全年损失了6.714亿美元。
其实Uber眼中的竞争对手，已经不仅是Lyft、滴滴这些几乎不在一个量级的直接行业竞争者，还包括Google无人驾驶汽车等替代品竞争者。
除了这些竞争者之外，其实还有一些不安的因素，在困扰着Uber，以及其他打车软件公司。没错，就是各种法律和合规风险，包括监管、许可经营、司机资质、劳动关系、司机保险、安全风险、不正当竞争等等。
那么小编就通过整理近期及之前发生在Uber身上的一些合规、诉讼案例，来分析其所遇到的法律、监管等商业模式内在风险，也可以推及到整个打车行业，甚至互联网分享经济，供大家参考。
因为新闻案例较多，小编先将中文要点汇总如下，供小伙伴们直观了解：
一、在美国以外地区的合法合规风险
1. 在法国，Uber欧洲高管因组织和运营非法出租车等而被指控刑事犯罪，如果罪名成立，将面临最多5年监禁或30万欧元的罚款。这对Uber在欧洲的发展将会产生巨大影响。
2. 法国一家巴黎法院判处Uber法国子公司10万欧元罚款，在Uber上诉后，上诉法院更将罚金提高到了15万欧元。
3. 法国威胁可能对Uber处罚200万美元。
4. 英国出租车司机抗议伦敦政府发给Uber许可，抗议导致伦敦交通瘫痪。
5. 德国柏林禁止Uber，否则可能导致高额罚金甚至监禁。
6. 德国法院判决禁止使用Uber软件。
7. 德国法院禁止Uber提供未经许可的出租车服务。
8. 西班牙马德里将处罚Uber软件使用者。
9. 荷兰将因违反出租车规定处罚Uber1万欧元。
10. Uber暂时撤离波兰并同意支付罚款。
11. 澳大利亚墨尔本Uber司机遭起诉。
12. 澳大利亚新南威尔士州Uber司机被暂停驾驶。
13. 澳大利亚新南威尔士州最终允许Uber合法化，并对出租车司机进行补偿。
14. 加拿大卡尔加里打击Uber司机。
15. 菲律宾马尼拉交通部门暂扣Uber车辆并处以罚款。
16. 台湾对Uber处以100万美元的罚款。
二、在美国国内的合法合规风险
1. 出租车司机在圣荷西机场和市政大厅抗议，要求获得与打车服务同等的优惠规则。
2. 19家出租车公司起诉Uber，称其虚假广告损害了他们的商业利益。
3. 15家康乃狄克州出租车和轿车公司起诉Uber，最终Uber获胜。
4. 纽约出租车行业寻求对Uber车辆进行上限限制。
5. 波士顿警察对Uber司机开出罚单。
6. 纽约出租车公司联合体要求限制并处罚Uber。
7. Uber在费城面临30万美元罚款。
8. Uber在波特兰因违反游说规定而被处以最高罚款。
9. Uber因误导性安全宣传的集团诉讼而将支付2850万美元的和解费用。
10. Uber因不遵守规定、“蔑视”行为而被加州公共事业委员会处以760万美元罚款。
三、数据、隐私、保密、知识产权风险
1. Uber将因“上帝视角”跟踪模式而支付2万美元的和解罚款。
2. Uber数据库被攻陷导致5万名司机的姓名、许可证号信息被泄露，据称竞争对手Lyft的首席技术官卷入该事件中。
3. Uber雇用黑客来远程控制行驶中的吉普车。
4. Uber为防止商业秘密泄露而起诉休斯顿。
5. Uber创始人被加州一名企业家起诉，指控其偷窃手机端打车服务的想法和计划。
四、劳动关系、保险和工资待遇风险
1. 更多的Uber司机向Uber提起劳动诉讼。
2. 地区法院法官判决Uber和司机合同中的仲裁条款不能强制执行，这将导致巨大的集团诉讼。
3. 加州劳工委员会作出决定，一名Uber司机被认定为雇员而非承包方。
4. 西雅图成为首个允许Uber和Lyft司机成立工会的城市。
5. 立法者将进一步审查Uber和Lyft的司机雇用关系、背景检查和保险等。
6. Uber因未支付员工保险而被处以7.7925万美元罚款。
7. 由于价格战导致收入降低，一些Uber司机计划抵制美国橄榄球超级杯大赛。
8. 数百名旧金山湾区Uber司机抗议报酬降低。
9. Uber司机在纽约罢工，抗议收费削减。
10. Uber司机组织全国抗议，要求提高报酬费用。
五、司机背景、安全及其他风险
1. 立法者重新审视Uber、Lyft司机的背景调查问题。
2. 旧金山地区检察官发现，Uber司机中包括释放的绑架犯、性侵犯甚至谋杀犯。
3. 各种司机、乘客、第三人的违反交规、侵害、被侵害的报道。对于Uber 来说，和上面劳动关系的问题结合在一起，就会产生很多问题。受到侵害的司机能否以工伤等要求Uber 补偿，能否认为Uber 没有为其上足保险而承担责任；受到侵害的乘客、第三人能否要求Uber进行赔偿等，这些都是此种商业模式下法律关系的模糊性带来的风险。
详细内容如下：
一、在美国以外地区的合法合规风险
在法国，Uber欧洲高管因组织和运营非法出租车等而被指控刑事犯罪，如果罪名成立，将面临最多5年监禁或30万欧元的罚款。这对Uber在欧洲的发展将会产生巨大影响。
Top Uber executives face off against criminal charges in France. The two-day trial will address allegations that Uber’s French general manager Thibaud Simphal and Europe operations boss Pierre-Dimitri Gore-Coty committed criminal offences by organising and operating an illegal taxi ring in France. The pair face six charges on counts that include the illicit storage of personal data and the promotion of unlicensed taxi drivers to consumers. If convicted, the pair could be hit with up to five years' imprisonment or fines of up to €300,000. Convictions could also weigh heavily on the future of Uber in Europe, where it has long needed to fight regulators to maintain its presence. (Global Legal Post, 2016-2-12)
法国一家巴黎法院判处Uber法国子公司10万欧元罚款，在Uber上诉后，上诉法院更将罚金提高到了15万欧元。
Uber gets €100 000 fine. A Paris court fined the French subsidiary of U.S. app-based ride service Uber €100 000 ($128 000) on Thursday for fraudulent business practices after it advertised its paid transportation service UberPop as a car pool. (Fin24, 2014-10-16)
French appeal court raises fine on UberPop app. A French court has rejected an appeal by car-hire firm Uber and upped the fine on its UberPop app, declaring it a deceptive marketing practise. A lower court fined Uber 100,000 euros but the Paris appeal court raised the fine to 150,000 euros. (RFI, 2015-12-7)
法国威胁可能对Uber处罚200万美元。
France Threatens Uber With Possible $US2 Million Fine. French authorities said Friday they are going after for-profit car-sharing services such as that operated by US firm Uber, warning they risked a 1.5-million-euro ($2 million) fine under a new law being prepared. (Business Insider, 2014-2-8)
英国出租车司机抗议伦敦政府发给Uber许可，抗议导致伦敦交通瘫痪。
Black-cab drivers' Uber protest brings London traffic to a standstill. Taxi drivers brought central London to a standstill to highlight the threats to their trade from Uber and changing regulation. Organisers said about 8,000 drivers took part in the protest on Wednesday afternoon, as traditional black cabs blocked lanes the length of Whitehall and halted much traffic around Westminster and the West End. Black-cab drivers have been incensed by the actions of Transport for London (TfL) in licensing Uber, blurring the lines between traditional taxis and private hire. The protesters aimed their anger at both TfL and the government. A 47-year old taxi driver from Kent, who would only give his name as Jon, said: “We’re not worried about competition: we’ve had minicabs and Addison Lee for years. Why has this American company come here and been given free rein? I spent three years doing the knowledge at a cost of ￡6,000-10,000, and bought a ￡40,000 cab that’s wheelchair accessible.” (The Guardian, 2016-2-10)
德国柏林禁止Uber，否则可能导致高额罚金甚至监禁。
Berlin bans Uber: Up to $60k fine per prohibited pick-up. German capital city Berlin has banned Uber, threatening the transportation company with €25,000 ($33k) fines every time a driver picks up a passenger from the app-based service. Meanwhile, individual drivers also face stiff penalties if they flout the new laws. Any Uber driver found picking up a fare through the app faces a maximum fine of €20,000 ($27k), on top of the penalty levied at the San Francisco company itself. Failure to cough up, Berlin officials pointed out, can even lead to jail time. (Slashgear, 2014-8-14)
德国法院判决禁止使用Uber软件。
Taxi app Uber banned in Germany. Due to an injunction by the German Court (Landsgericht Frankfurt) last Thursday, the innovative taxi service Uber is now banned across Germany. According to the Court, Uber is not allowed to offer their taxi services without an official permit. If they do not comply, Uber risks a fine of 250 000 euro per infringement or directors risk a prison sentence. The action was brought by the German taxi industry organization, Taxi Deutschland Servicegesellschaft für Taxizentralen. (Considerati, 2014-9-11)
德国法院禁止Uber提供未经许可的出租车服务。
Germany Bans Uber's Unlicensed Taxi Services. A German court on Wednesday banned Uber from running services using unlicensed cab drivers and set stiff fines for any violations of local transport laws by the pioneering online taxi firm. (Reuters,?2015-5-18)
西班牙马德里将处罚Uber软件使用者。
Madrid starts fining users of Uber 'taxi' app. After Barcelona announced plans to impound the vehicles of people caught using the app-based chauffeur service Uber, Madrid's regional government has launched a crackdown that will allow police to fine drivers and passengers up to €18,000 ($22,600). (The Local, 2014-10-6)
荷兰将因违反出租车规定处罚Uber1万欧元。
Dutch fine Uber €10,000 for breaking taxi rules. Taxi service Uber has been fined €10,000 by the Dutch transport ministry for continuing to operate its budget Uberpop service in the Netherlands, according to broadcaster RTLZ. (Dutchnews, 2015-1-23)
Uber暂时撤离波兰并同意支付罚款。
Uber pays fines in Portland ahead of possible re-launch. Late last year,?Uber arrived in Portland, Oregon. The service was unauthorized, and city officials weren’t taking it lightly. A covert operation to request rides and fine drivers was underway (they got two?warnings before a fine, technically), which brought as much confusion to the scene as happy hipsters who could bypass the taxi system. After the kerfuffle,?Uber agreed to withdraw from the city for 90 days. As City Hall considers new rules that would allow Uber to operate, the ridesharing service has agreed to pay $67,750 in fines handed down by the city over the unsanctioned launch. (Oregon Live, 2015-4-7)
澳大利亚墨尔本Uber司机遭起诉。
Uber drivers face legal action as taxi industry watches with interest. Twelve drivers of the ride-sharing service Uber face legal action in Melbourne and the taxi industry is watching closely as questions about the alternative taxi company's legality come up around the world. (Australian Broadcasting, 2014-11-12)
澳大利亚新南威尔士州Uber司机被暂停驾驶。
Uber drivers face suspensions in NSW from Thursday. Uber?drivers in Sydney are facing suspension of their vehicles?as part of the NSW Roads and Maritime Services?crackdown on illegal ride-sharing. An Uber driver who drives a suspended vehicle?after October 1 can face a $637 fine for each offence, or around $2200 if the case is heard in court. (AFR Weekend, 2015-9-27)
澳大利亚新南威尔士州最终允许Uber合法化，并对出租车司机进行补偿。
Uber legal in NSW, taxi owners to be compensated. Ride-sharing service Uber became legal at midnight in NSW after the state government officially gave it the green light. Taxi drivers, who have been bitterly opposed to the move, will receive compensation in the form of a cash payment to taxi plate holders.The perpetual owners of taxi plates, about 5800 people, will receive a $20,000 payment for the plate. Multiple plate owners will receive a maximum of $40,000. (The Daily Telegraph, 2015-12-17)
加拿大卡尔加里打击Uber司机。
Covert crackdown on Uber drivers underway, violations being processed, say Calgary officials. Marc Halat, Calgary’s chief compliance officer, said the dragnet started Friday, two weeks after Uber, the brash U.S.-based ridesharing company thumbed its nose at the city and launched its UberX service to an awaiting public, despite warnings its drivers would face hefty penalties. Drivers found in violation of the city’s livery bylaws could face fines totalling $4,500. The city says it won’t fine passengers using the service. In Edmonton, licence suspensions handed out to six Uber drivers caught in a sting operation were overturned earlier this month by a city appeal committee. (Calgary Herald, 2015-10-31)
菲律宾马尼拉交通部门暂扣Uber车辆并处以罚款。
Philippine Transport Authorities Impound, Fine Uber Car In Sting Op. In Manila, an Uber?car was apprehended through a sting operation run by the Philippines’ Land Transportation, Franchise and Regulatory Board (LTFRB). The owner was fined PhP 200,000 (US$4,461), with the possibility of the car being impounded for up to three months. It’s the same story in Germany and certain cities in the US like Las Vegas, Portland and Little Rock. (VR World, 2014-10-23)
台湾对Uber处以100万美元的罚款。
Taiwan hits Uber with $1m in fines over nearly a year. Taiwan has fined Uber a total of 1 million USD since September for improper registration, which has sparked public backlash in support of Uber's operations in the city. (Phys.org, 2015-8-14)
二、在美国国内的合法合规风险
出租车司机在圣荷西机场和市政大厅抗议，要求获得与打车服务同等的优惠规则。
Taxi Drivers Protest At San Jose Airport, City Hall For Equal Regulations On Ride-Hailing Services. Hundreds of taxi drivers are not providing rides again at Mineta San Jose International Airport and have taken their strike citywide as part of a protest calling for equal regulations for ride-booking service drivers. (CBS San Francisco)
19家出租车公司起诉Uber，称其虚假广告损害了他们的商业利益。
19 Taxi Companies Sue Uber, Claiming False Advertising Hurting Their Businesses. Nineteen taxi companies sued Uber Technologies Inc. in federal court in San Francisco Wednesday, accusing the transportation network company of false advertising when it claims it has “the safest rides on the road.” (CBS San Francisco)
15家康乃狄克州出租车和轿车公司起诉Uber，最终Uber获胜。
Uber wins taxi firms lawsuit dismissal. Uber Technologies on Thursday won the dismissal of a racketeering lawsuit by 15 Connecticut taxi and limousine companies seeking to stop the ride-sharing company from doing business in the state. (Fin24, 2015-8-17)
纽约出租车行业寻求对Uber车辆进行上限限制。
New York City Cabbies Seek Cap On Uber Cars In Big Apple. While San Francisco-based Uber has experienced major growth in a few short years, New York City’s taxi industry is looking to impose a cap on how many cars can belong to the ridesharing service in the Big Apple. (CBS San Francisco)
波士顿警察对Uber司机开出罚单。
Boston Police Have Ticketed Multiple UberX Drivers. Wednesday, BostInno reported at least?one UberX driver has been ticketed by Boston Police?for illegally operating a for-hire vehicle. (BostInno, 2014-5-29)
纽约出租车公司联合体要求限制并处罚Uber。
Taxi cab coalition demands de Blasio follow California’s lead and fine Uber. A newly formed coalition of six companies has demanded that N.Y.C. Mayor Bill de Blasio follow California’s lead by penalizing Uber for what it says are illegal passenger pickups. But the companies, which all have a vested interest in New York’s yellow cab business, took their demands further than calling for a mere fine. They want Uber suspended too. (YellowCabNYCTaxi, 2015-7-17)
Uber在费城面临30万美元罚款。
Uber Faces $300,000 Fine, Court Case From Philadelphia?Regulators. The ride-hailing service Uber has served more than 1 million customers in Philadelphia, despite operating under disputed terms for nearly a year. Now the city's regulators are taking the company to court. Last November, Pennsylvania's Public Utility Commission went against the preliminary recommendation of two judges to grant Uber a two-year license in the state. Philadelphia's regulators didn't agree with that — and they've imposed a $1,000-a-day fine on Uber for operating in the city. (KPBS, 2015-8-31)
Uber在波特兰因违反游说规定而被处以最高罚款。
Uber Hit With Maximum Fine For Lobbying Violations. The City of Portland has imposed its maximum fine against Uber for lobbying?violations. City elections officer Deborah Scroggin said the ride service company failed to disclose the name and activity of its lobbyist. It’s the first time monetary penalties have been issued under the city’s lobbying program. The maximum fine is just $2,000. Uber has said it will pay?it. (OPB, 2016-1-5)
Uber因误导性安全宣传的集团诉讼而将支付2850万美元的和解费用。
Uber to pay $28.5 million in class-action settlement over safety claims. Uber has agreed to pay $28.5 million as part of a class-action settlement claiming that it misled riders with claims over the safety of its service. Uber's rival, Lyft, had been sued for similar claims, and renamed its own "Trust and Safety" fee to a "Trust and Service" fee as a result of a settlement. The class includes passengers who took a trip in the U.S. between January 1, 2013 and January 31, 2016, amounting to 25 million riders. The settlement must be approved by a judge in March. (San Francisco Business Times, 2016-2-11)
Uber因不遵守规定、“蔑视”行为而被加州公共事业委员会处以760万美元罚款。
Uber slapped with $7.6 million CPUC fine for 'contempt', non-compliance. Citing failure to meet reporting requirements, the California Public Utilities Commission voted to fine Uber Technologies $7.6 million or face a 30-day suspension of service in California. Affirming an administrative judge's earlier decision, the regulatory board voted unanimously to fine the transportation network for non-compliance, imposing an additional $1,000 fine for "contempt" in providing availability, safety and accessibility information. The agency says that Uber did not comply with reporting requirements until August 2015, nearly two years after the agency first requested data from the company. Uber says that the company will pay the fine, but disagrees with how it was calculated and will appeal the decision. (San Francisco Business Times, 2016-1-14)
三、数据、隐私、保密、知识产权风险
Uber将因“上帝视角”跟踪模式而支付2万美元的和解罚款。
Uber will pay $20,000 fine in settlement over 'God View' tracking. Uber and?New York Attorney General Eric Schneiderman have reached a settlement over the company's "God View" tool, which allowed employees to access and track the location of Uber riders and customers without obtaining permission. (The Verge, 2016-1-6)
Uber数据库被攻陷导致5万名司机的姓名、许可证号信息被泄露，据称竞争对手Lyft的首席技术官卷入该事件中。
Uber Database Breach Leaks 50,000 Drivers' Names, License Numbers. Uber says a database containing the names and drivers' license numbers of 50,000 of its drivers was breached in May. (CBS San Francisco)
Lyft executive implicated in Uber data breach, reports say. An executive at rival ride-sharing company Lyft may be implicated in a massive breach of drivers' records and data from Uber, Reuters?reported?late Thursday. The breach of 50,000 driver records was disclosed by Uber in February, but actually happened in May 2014, and was discovered by Uber in September 2014. The company's lawsuit now says the data was obtained via a company security key accessible on a public website, and people familiar with the matter told the news service that Lyft's chief technology officer,?Chris Lambert, has been implicated. (Bizjournals, 2015-10-9)
Uber雇用黑客来远程控制行驶中的吉普车。
Uber Hires Hackers Who Remotely Took Over Moving Jeep. Uber has hired two hackers who were able to take over a Jeep while it was being driven by a journalist. (CBS San Francisco)
Uber为防止商业秘密泄露而起诉休斯顿。
Why Uber Is Suing The City Of Houston. Uber is once again suing to keep its secrets. The ride-hailing service filed suit in Houston last week to block the release of public records that would reveal how many drivers it has licensed in the city, who they are and how the company operates in Texas, according to a?court documents?obtained by The Huffington Post. (The Huffingtonpost, 2015-4-30)
Uber创始人被加州一名企业家起诉，指控其偷窃手机端打车服务的想法和计划。
Uber Founders Sued, Accused Of Stealing Idea For Ridesharing Service. A California entrepreneur sued Uber Technologies Inc., its founders and several investors in San Francisco Superior Court Thursday, claiming they stole his idea and plans for a cellphone-based ride service. (CBS San Francisco)
四、劳动关系、保险和工资待遇风险
更多的Uber司机向Uber提起劳动诉讼。
More Uber drivers file labor lawsuits. Back in September 2015, a federal judge certified a class-action lawsuit against Uber—if the plaintiffs are successful, former and current California drivers would be declared as employees rather than contractors. If Uber loses, it would represent a sea change for the company and for the entire so-called "sharing economy." Uber’s newfound employees would be entitled to a number of benefits under federal law. Those perks would include, among others, unemployment benefits, workers’ compensation, the right to unionize, and most importantly, the right to seek reimbursement for mileage and tips. Those added expenses would certainly factor into Uber’s estimated valuation of $63 billion. Since the case, O’Connor v. Uber, was certified, the startup has been hit with an additional 13 federal proposed class-action lawsuits nationwide—most of which have been filed by one New York-based firm. One case in Philadelphia was filed as recently as this month. These cases appear to be interested in riding the coattails of one successful suit, which could mean big bucks for attorneys and expanded benefits for Uber drivers. (Arstechnica, 2016-2-11)
地区法院法官判决Uber和司机合同中的仲裁条款不能强制执行，这将导致巨大的集团诉讼。
In a blow against Uber, judge allows expansion of class-action lawsuit. U.S. District Judge Edward Chen ruled that a 2014 arbitration clause in Uber's driver contracts, which could have greatly constrained the size of a?class-action lawsuit?against the company, is unenforceable. Chen also certified an expense reimbursement claim, which will allow participating drivers to pursue reimbursement of costs like gas and insurance as a single class. (Bizjournals, 2015-12-9)
加州劳工委员会作出决定，一名Uber司机被认定为雇员而非承包方。
In California, Uber driver is employee, not contractor. A driver for Uber is an employee, not a contractor, according to a California ruling that eventually could push up costs for the smartphone-based ride hailing service and hurt the closely watched start-up's valuation. The California Labor Commission's decision could ripple through the burgeoning industry of providing services via smartphones, with potential implications for other “crowdsourced” services such as Uber rival Lyft, chore service TaskRabbit, and cleaning service Homejoy. The ruling - which Uber insisted applied to only one driver - was the latest in a series of legal and regulatory challenges facing the company and other highly valued start-ups in the United States and other countries. (Reuters, 2015-6-17)
西雅图成为首个允许Uber和Lyft司机成立工会的城市。
Seattle becomes first city to allow Uber, Lyft drivers to unionize. Seattle is the first city in the nation to give?Uber?and?Lyft?drivers the right to form a union. That’s after the City Council voted unanimously on Monday to approve extending collective bargaining rights to drivers from taxi, for-hire and app-based transportation companies. Under the National Labor Relations Act, independent contractors who lack the right to unionize include paid drivers, but the classification has been the subject of debate as the so-called sharing economy grows and companies with non-traditional business models bring on more people. Seattle's move will likely bring a legal challenge from Uber and Lyft, which contend the local ordinance violates federal labor law and compromises the flexibility of app-based services. (Bizjournals, 2015-12-15)
立法者将进一步审查Uber和Lyft的司机雇用关系、背景检查和保险等。
Lawmakers take a closer look at?Uber?and other 'gig' economy companies. In a related series of actions, lawmakers in 2015 scrutinized companies like Uber and Lyft, which are rising quickly in popularity but provide few of the protections commonly offered to employees. One bill, by Assemblyman?Adrin Nazarian, would?demand background checks?and drug testing for ridesharing drivers; the legislation stalled but may return in 2016. Also likely to come next year: Proposed legislation to grant workers?rights to collectively bargain?for health insurance. ((Bizjournals, 2015-12-29)
Uber因未支付员工保险而被处以7.7925万美元罚款。
Uber pays $77,925 fine over unpaid workers’ compensation insurance. I read an interesting article from the?Alaska Dispatch Newsregarding a $77,925 fine paid by Uber over unpaid workers’ compensation insurance. Uber operated in Anchorage for six months before pulling out of Alaska entirely. This fine settled an ongoing investigation about whether Uber drivers were actually employees and not independent contractors. It is expected that the Alaska Legislature with take up the matter during its next session. (Michigan workers comp lawyers, 2015-9-22)
由于价格战导致收入降低，一些Uber司机计划抵制美国橄榄球超级杯大赛。
Some Rideshare Drivers Plan To Boycott Super Bowl?50. If you’re planning to hail a ride with Uber to Super Bowl 50, you may be out of luck. Some drivers say they’ll be boycotting the big game to protest unfair treatment, mainly a new round of fare cuts that they say doesn’t allow them to make a livable wage. A price war between rideshare companies has dropped fares to less than half what they were two years ago, forcing many drivers to work twice as much. They say it’s putting them and their passengers at risk. (CBS San Francisco, 2016-2-5)
数百名旧金山湾区Uber司机抗议报酬降低。
Hundreds of Bay Area Uber Drivers Protest Reduced Wages. Hundreds of Uber drivers staged protests at various locations around San Francisco Monday to protest reduced pay. The Uber drivers have rolled through San Francisco International Airport and Candlestick Park. They are now heading into downtown San Francisco, where they are expected to make appearances at San Francisco City Hall and then Super Bowl City. The Uber drivers, who took to the streets around 2 p.m., have been traveling together with their hazard lights flashing. Uber drivers have said they are protesting a cut in pay for trips to and from SFO. (CBS San Francisco, 2016-2-1)
Uber司机在纽约罢工，抗议收费削减。
Uber Drivers Strike In New York City, Protest Fare?Cuts. More than 100 Uber drivers in New York City upset about the company’s recent fare cuts went on strike Monday, and they’ve urged all other drivers to join them. The striking drivers said San Francisco-based Uber continues to cut into their earnings without cutting into its own take from each ride. The striking drivers chanted “Shame on Uber” and “Respect the Drivers”?at a protest Monday outside Uber’s office?in Long Island City. Many protesters held signs saying,?“We made you billionaires, you’re making us homeless.” (CBS New York, 2016-2-1)
Uber司机组织全国抗议，要求提高报酬费用。
Uber Drivers Organizing Nationwide Protest To Demand Higher Fees. Some Uber drivers are planning to turn off the ride-hailing apps this weekend as part of a nationwide protest demanding higher fees and tip options. (CBS San Francisco)
五、司机背景、安全及其他风险
立法者重新审视Uber、Lyft司机的背景调查问题。
Lawmakers revisit background checks for Uber, Lyft drivers. A late-arriving bill has California lawmakers revisiting the issue of mandating background checks for?Uber?and Lyft drivers. Assembly member?Jim Cooper?introduced legislation this month that would force potential drivers to undergo fingerprints and fine the companies up to $50,000 for hiring drivers convicted of serious crimes. Cooper, an Elk Grove Democrat, said he was spurred to write a bill after district attorneys in San Francisco and Los Angeles?charged Uber last month?with employing drivers convicted of murder, sexual assault and other crimes. (Bizjournals, 2015-9-9)
旧金山地区检察官发现，Uber司机中包括释放的绑架犯、性侵犯甚至谋杀犯。
Ex-Kidnappers, Sex Offenders, Murderer Among Uber Drivers Picking Up Passengers, District Attorney Finds. Uber drivers include ex-kidnappers, sex-offenders, and even a murderer, according to evidence gathered by the San Francisco District Attorney’s Office. (CBS San Francisco)
下面是各种司机、乘客、第三人的违反交规、侵害、被侵害的报道。对于Uber 来说，和上面劳动关系的问题结合在一起，就会产生很多问题。受到侵害的司机能否以工伤等要求Uber 补偿，能否认为Uber 没有为其上足保险而承担责任；受到侵害的乘客、第三人能否要求Uber进行赔偿等，这些都是此种商业模式下法律关系的模糊性带来的风险。
Uber Driver Arrested In Road Rage Incident With Cyclist At Fisherman's Wharf In San Francisco. An Uber driver was arrested for assault with a deadly weapon Sunday in an alleged road rage incident with a bicyclist at San Francisco's Fisherman's Wharf. (CBS San Francisco)
Homeless Man Acquitted Of Vandalism Charge After Throwing Skateboard At Uber Driver’s Windshield In SF. A homeless man was acquitted of all charges in a case involving an altercation late last year with an Uber driver. The jury said the man acted in self defense when he threw his skateboard into the car's windshield. (CBS San Francisco)
Doctor Suspended After Caught On Video Attacking Uber Driver. A doctor caught on camera physically and verbally attacking an Uber driver in Miami has been suspended from the San Francisco-based ridesharing service and placed on administrative leave by her employer. (CBS San Francisco)
Suspect In Uber Attack Captured On Video Charged With Battery. A California man captured on video attacking an Uber driver has been charged with assault and battery. (CBS San Francisco)
Former Taco Bell Exec Suing Uber Driver He Assaulted On Dash Cam Video For $5M. The former Taco Bell executive who apologized after attacking an Uber driver in an incident caught on dash camera footage is now suing the driver for $5 million. (CBS San Francisco)
Uber Driver Attacked, Pepper Sprays Drunk Passenger. A dashcam video captured a drunk passenger raining blows on a Uber driver in Southern California. (CBS San Francisco)
Woman Says Angry Uber Driver Threatened To Rape, Kill Her. The ride-sharing service Uber is not only dealing with a 3-day strike, it is also facing a serious complaint that one of its drivers allegedly threatened to rape and kill a passenger. (CBS San Francisco)
Uber Faces Lawsuit Over Passenger Safety, Alleged Sexual Assaults. Two women who claim they were sexually assaulted by the Uber's drivers are suing the ride-hailing company over passenger safety. (CBS San Francisco)
Woman Claims UberX Driver Raped Her In Philadelphia. A Philadelphia woman has alleged that an UberX driver raped her after being picked up last month. (CBS San Francisco)
Uber Admits Accepting Driver Accused Of Sex Assault Was Mistake. Uber alleges sexual assault suspect Talal Ali Chammout presented a fake city permit to obtain approval as a driver. (CBS San Francisco)
Man Claims Uber Driver Chased Him Down, Robbed Him On San Francisco's Embarcadero. An Uber driver allegedly robbed his passenger early Saturday morning in San Francisco’s South Beach neighborhood. (CBS San Francisco)
Uber Driver Claims He Was Assaulted Because Passenger Thought He Was Muslim. An Uber driver claims he was attacked by a passenger because the man apparently thought he was a Muslim. (CBS San Francisco)
Uber Passenger, Wrong-Way Driver Die In Fiery Highway 1 Crash In Pacifica. A wrong-way driver collided head-on with the car of an Uber driver in Pacifica, killing two. (CBS San Francisco)
Family Of 6-Year-Old Girl Killed By Uber Driver In San Francisco Settles Lawsuit. The family of a 6-year-old girl who was struck and killed by an Uber driver in 2013 settled a lawsuit against the ride-for-hire company Monday, according to court documents. (CBS San Francisco)
Grandmother Driving For Uber Says She Was Attacked By Door-Slamming Passengers. A Los Angeles grandmother who drives for Uber says her passengers attacked her Friday evening. (CBS San Francisco)
4 Men Carjack Uber Driver's Toyota Then Flee After Crashing It In SF Richmond District. Police are investigating the carjacking of an Uber driver's vehicle that ended in a hit-and-run collision in San Francisco's Inner Richmond District early Wednesday morning. (CBS San Francisco)
Uber driver assessed $2,500 fine for ride solicitation. The first transportation network company driver to be disciplined by the Nevada Transportation Authority was assessed a $2,500 fine at a hearing Tuesday for offering a ride to a plainclothes enforcement officer while not operating on the Uber platform. (CDC, 2015-10-6)
实习编辑/张雨
为无讼投稿/tougao@wusongtech.com