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Uber Drivers Are Contractors, Not Employees, Labor Board Says

nytimes.com

21–30 of 357 posts

Re: Uber Drivers Are Contractors, Not Employees, Labor Board Says

#22

Here in Australia, most drivers seem to be using several other apps (Didi, Ola, etc) at the same time as Uber. So in that sense, they are a contractor in my eyes.

They also, obviously, set their own hours and choose at any time to work or not work.

Re: Uber Drivers Are Contractors, Not Employees, Labor Board Says

#23
It’s sad that the idea of people being able to get by and live a comfortable life without the benefits from a full time job is so far outside the Overton window that it’s not even mentioned in these conversations.

That seems like such an obviously better outcome for everyone - what if we got rid of healthcare benefits and other types of favorable tax treatment that are tied to full time employment so that everyone is in the same boat? Then all contractors, including Uber and Lyft drivers could keep the freedom and flexibility of being contractors (which anecdotally, I have talked to a lot of drivers who really like this aspect of it), but also not struggle as much to get by?

(Universal healthcare is one path towards this world but not necessarily the only one, I think even the current healthcare system we have would work a lot better if premiums weren’t paid pre-tax by employers and people had actual choice and paid for their care with real money).

Re: Uber Drivers Are Contractors, Not Employees, Labor Board Says

#24
post #5

Uber drivers are fighting the wrong fight in this case. They should focus on fighting for a minimum wage that accounts for expenses. Uber's edge is not their technology, their edge is the ability to burn billion dollars a quarter subsidizing rides. Uber is masking customer demand and this sort of behavior is anticompetitive and should not be allowed in an industry as critical as transportation. Case in point, when Ub…

I don't think the "right" fight is city-by-city patchwork legislation to require that rideshare drivers be paid a living wage. This does not fix the issue for all workers across the country (and probably doesn't need to be said that 1099s are not entitled to a minimum wage), neither does it fix the problem when the next industry crops up hiring workers considered independent contractors performing work under conditions much more similar to employees.

Re: Uber Drivers Are Contractors, Not Employees, Labor Board Says

#25
I am forced to treat the people who cut my lawn and clean my house as employees, according to tax law, for funding unemployment insurance among other things.

But Uber's labor force, without which literally the company wouldn't exist, are not eligible for the same benefits. The logical next step is that the company has no liability for anything that happens to you in one of their cars.

Re: Uber Drivers Are Contractors, Not Employees, Labor Board Says

#26
post #17
post #11

Earlier quoted context omitted.

What do you mean "true" supply and demand? What was happening before was true supply and demand. They offered a rate, people were capable of consenting to the terms while accounting for expenses, and they did. Then an intermediary stepped between the consenting transactors and told them that they could no longer accept those terms, and now those transactions can no longer transpire, regardless of whether or not both…

>They offered a rate, people were capable of consenting to the terms while accounting for expenses See, on party here has a lot more data on said expenses, and all the incentives in the world to be misleading about them. The existing demand was not "true" under the reasonable assumption that nobody wants to work for less than minimum wage after expenses.

There are definitely people who are willing to work below minimum wage. It's actually quantifiable if you look at the workforce reduction after minimum wage hikes in locales.

Re: Uber Drivers Are Contractors, Not Employees, Labor Board Says

#27
post #5

Uber drivers are fighting the wrong fight in this case. They should focus on fighting for a minimum wage that accounts for expenses. Uber's edge is not their technology, their edge is the ability to burn billion dollars a quarter subsidizing rides. Uber is masking customer demand and this sort of behavior is anticompetitive and should not be allowed in an industry as critical as transportation. Case in point, when Ub…

It's not clear to me how much the core Uber/Lyft business model needs to be subsidized to be sustainable. At this point, an Uber isn't any cheaper than a taxi is most cases. With surge pricing, it's often far more expensive.

Re: Uber Drivers Are Contractors, Not Employees, Labor Board Says

#28
post #23

It’s sad that the idea of people being able to get by and live a comfortable life without the benefits from a full time job is so far outside the Overton window that it’s not even mentioned in these conversations. That seems like such an obviously better outcome for everyone - what if we got rid of healthcare benefits and other types of favorable tax treatment that are tied to full time employment so that everyone is…

It's not really outside the Overton window. Universal healthcare has strong majority support right now.

Employers and shareholders benefit significantly by reducing options for workers and by making it difficult for workers to change jobs; the source of the resistance is there, in the plain language of power, not in some imaginary spectrum of what's considered to be acceptable.

Re: Uber Drivers Are Contractors, Not Employees, Labor Board Says

#29
post #11
post #5

Uber drivers are fighting the wrong fight in this case. They should focus on fighting for a minimum wage that accounts for expenses. Uber's edge is not their technology, their edge is the ability to burn billion dollars a quarter subsidizing rides. Uber is masking customer demand and this sort of behavior is anticompetitive and should not be allowed in an industry as critical as transportation. Case in point, when Ub…

What do you mean "true" supply and demand? What was happening before was true supply and demand. They offered a rate, people were capable of consenting to the terms while accounting for expenses, and they did. Then an intermediary stepped between the consenting transactors and told them that they could no longer accept those terms, and now those transactions can no longer transpire, regardless of whether or not both…

When you charge far less than the actual cost of service you're going to get demand that does not reflect the actual market, hence not true "true" supply and demand. If I was selling dollar bills for 50 cents I would sell a lot of dollars bills. We've seen this before it's called Groupon. A key difference between Uber and Groupon is there are more drivers to con then there are businesses. Uber is losing billions dollars subsidizing rides, that is not a legitimate market. This is a farce to sell a growth story to raise capital and allow early investors to make huge gains, again see Groupon.

Uber was saying drivers could make 90k a year back in 2014 see: https://www.businessinsider.com/uber-drivers-salary-90000-20...

Which lead to this https://www.vox.com/2017/2/28/14766964/video-uber-travis-kal...

Re: Uber Drivers Are Contractors, Not Employees, Labor Board Says

#30

Here in Australia, most drivers seem to be using several other apps (Didi, Ola, etc) at the same time as Uber. So in that sense, they are a contractor in my eyes.

They also, obviously, set their own hours and choose at any time to work or not work.

Per https://legal.uncc.edu/legal-topics/contracts/contract-check...

"If the worker is not integrated into the institution's operations and the right of control is not obviously apparent (no training, no work hours, no reports), you are reasonably safe as long as the relationship is short-term and the independent contractor has other customers."

I would say "integrated into the institution's operations" is the very definition of Uber drivers. (What is Uber except for a network of drivers?) And as far as "right of control": here's an app that tells you exactly where to go, who to pick up, what route to follow, how much to collect. Many drivers are not "short-term" nor have other "customers."

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