It isn't yet clear whether Lyft and Uber drivers should be considered contractors or employees, according to two federal judges ruling on separate employment lawsuits yesterday in San Francisco.

Two US District Judges, Edward Chen and Vince Chhabria, are presiding over lawsuits in which groups of Uber and Lyft workers seek to be ruled that they are employees, not independent contractors.

California law has tests for determining whether workers are employees or contractors, but those tests are "outmoded," according to Judge Chhabria.

"Because the test provides nothing remotely close to a clear answer, it will often be for juries to decide," he wrote in his Wednesday order. "The jury in this case will be handed a square peg and asked to choose between two round holes.

"A reasonable jury could go either way,” Chhabria continued, writing in the Lyft case. “Accordingly, there must be a trial.”

The ride-sharing companies had sought to halt the lawsuits at an early stage, but now may have to fight them through to a trial. Drivers in both cases are seeking class-action status.

If Uber or Lyft drivers are ruled to be employees, they'll be entitled to reimbursement for gas and vehicle maintenance, among other expenses, according to Reuters.

A Los Angeles Times story published at an earlier part of this case noted that Uber had more than 160,000 active drivers in 161 cities in December. Lyft, which operates in more than 60 cities, did not reveal its driver count.