There's nothing in the law that prevents employers from giving their permission to remain available for competitive work at the same time. Indeed, isn't that quite close to the dynamic of a union hiring hall situation, where union members are simultaneously available for jobs from any of the employers with contracts with that union?
Of course, one wouldn't be actively working for two employers at the same instant, but neither would one be simultaneously driving an Uber ride and a Lyft ride.
So when lyft is liable for meeting a minimum wage, how is time calculated? Based on logged-in time? Based on in-ride time? What if I'm in ride and I leave the other app on, and get a ride on the tail end of the ride I'm in (I've seen a driver do this).
Judges have lots of experience at (and precedents for) figuring out when employees are on the clock in many contexts, including ones where employees have some degree of ability to select whether and when to accept a given work shift. Guidance does exist.
I don't know California law on this specifically, but any state would definitely include time when actively serving as a driver for a ride, many would include time driving to pick up an accepted passenger, some might include time when logged in as a driver.
>Of course, one wouldn't be actively working for two employers at the same instant, but neither would one be simultaneously driving an Uber ride and a Lyft ride.
Until someone figures out how to multiplex the cabshare part of the two apps :p
Hehe, true. :P Well I imagine both companies would kick you off their platform under either type of worker status if you did that, and being an employee wouldn't protect you (the typical default duty of loyalty probably does extend at least as far as working for just one company per ride).
Of course, one wouldn't be actively working for two employers at the same instant, but neither would one be simultaneously driving an Uber ride and a Lyft ride.