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Is Stack Exchange in violation of NY labor law by using volunteer moderators?

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Re: Is Stack Exchange in violation of NY labor law by using volunteer moderators?

#111
post #51

Earlier quoted context omitted.

It would kill 99.9% of the subs there and utterly change the culture.

Do you think it would make things better or worse?

Personally, I believe it would be worse. I'm in favor of free speech, and free online expression. Imagine what might happen to any of the pun-related subreddits, or r/keming if someone had to pay.

Re: Is Stack Exchange in violation of NY labor law by using volunteer moderators?

#112
post #104

Earlier quoted context omitted.

The fact remains that moderating forums is labor, and stack exchange receives a lot of value from that labor that the mods themselves don't see a dime of.

Should we require the elderly to pay their adult children minimum wage for looking after them? Because that is far more like work than being a moderator on a website.

If the elderly person requires the child to wear a tee-shirt with and advert on, which the elderly person earns money off, and the elderly person is getting rich off asking the child to look after them for "good will" then... yeah, they probably should be paid. It's not charity, it's not family, it's exploitation.

Re: Is Stack Exchange in violation of NY labor law by using volunteer moderators?

#113
post #69

Earlier quoted context omitted.

The fact remains that moderating forums is labor, and stack exchange receives a lot of value from that labor that the mods themselves don't see a dime of.

Yes, but ...arrgh... they are doing this of their own free will and choice, perhaps because they enjoy it, they increase their social interactions, increase their skills... etc. It seems contrary to the concept of freedom if private parties cannot engage in such a relationship, if each and both so choose.

The idea behind these laws limit the extent that people can circumvent minimum wage. It also prevents de facto enslavement or indentured servitude, but probably to a lesser degree.

This type of discussion usually comes up in the context of internship positions, where federally an unpaid internship must not displace employees and must provide no value to the employer.

Re: Is Stack Exchange in violation of NY labor law by using volunteer moderators?

#114

Earlier quoted context omitted.

The fact remains that moderating forums is labor, and stack exchange receives a lot of value from that labor that the mods themselves don't see a dime of.

I run a forum and there's no shortage of people who would happily volunteer for a mod role. You have it wrong though: they get plenty of compensation through reputation, clout, and a feeling of power over their peers and being heard and helping out in a community that they love (or some combo of these). That's why they do it. Why is that not a fair trade without money exchanging hands? Growing up, I used to mow an ag…

The thing is, the service and main value that Stack Exchange provides is literally a moderated forum for people to ask and answer questions. Without that moderation, the service would be much less valuable, because it would be full of spam and worthless questions and answers, and less people would use it. This is what drives their revenue and their valuation.

This isn't the case with HN, where the main contribution of the forums to their business is mainly brand recognition.

Re: Is Stack Exchange in violation of NY labor law by using volunteer moderators?

#115

Earlier quoted context omitted.

This is begging the question. > If only nonprofit Open Source companies can use the benefits of Open Source development -- community involvement, community moderation and support, 3rd-party patches, There is more involved here than any one of those things mentioned. There are certain requirements that need to be met. You listed the five criteria New York has, and so in New York's case, those requirements would have t…

Sure, but... that's what I asked. I wanted someone to expand on the requirements that had to be met. Would anyone be willing to explain in more detail on how the criteria differ and why this doesn't apply to Open Source companies like Gitlab/Wikipedia/etc? I brought up for-profit companies like Gitlab only to clarify why I thought drawing a bright line based on purely nonprofit status as the only distinction would ha…

> Would anyone be willing to explain in more detail on how the criteria differ and why this doesn't apply to Open Source companies like Gitlab/Wikipedia/etc?

I mean, they don't meet the criteria because they don't.

I guess I should ask: why do you think they meet all the criteria? What specific reasons makes you think that?

Re: Is Stack Exchange in violation of NY labor law by using volunteer moderators?

#116
post #55

Earlier quoted context omitted.

It's not about unpaid work though, it's employee-like unpaid work. https://meta.stackexchange.com/a/337123/345240 has some interesting discussion of this. In practice, that means that normal commenters or people using social media aren't relevant for two reasons: * There's minimal control over their actions from the 'employer'. There's some basic rules on what content is not allowed, but nobody says "you must write a…

My karma score is pretty big evidence against the theory that there’s no permanent relationship. Users can become highly invested in particular communities! I also abide by fairly strict code of conduct / moderation policies when writing on certain platforms. If I don’t abide by the community rules my posts can be flagged or even my account banned. Paid writing is absolutely a trade, so I can’t see how any policy tha…

> To the point where the IRS had to define specific exceptions for family chores lest they be deemed as barter and requiring the payment of payroll taxes.

Hold on a minute here, can you point me to where this is actually codified? I found "Publication 926 (2019), Household Employer's Tax Guide" but that doesn't seem to be quite right. Or I just didn't read enough of that rather lengthy document.

> my 1st amendment right to post here should override the interest of the State in establishing minimum wage requirements

I'm not sure I've ever run into a situation where constitutional law was used to continue doing a thing for free. Genuinely interesting POV there.

Re: Is Stack Exchange in violation of NY labor law by using volunteer moderators?

#117
post #56

Earlier quoted context omitted.

> That's not true for moderators: they have specific tasks they must complete, and they must continue to be active, or they lose their moderation status. That’s not correct: especially on the small sites, it’s acceptable for moderators to be inactive for long periods of time. It’s not great, but it’s understood that moderators have lives, and that they’re … not employees. I can state this confidently because I used t…

The official limit is no activity for 6 months, at that point the moderator status is supposed to be removed. This has been enforced rather inconsistently at times.

But does that mean that the moderator can just take one action every six months and retain their status?

You couldn't do that in a job!

Re: Is Stack Exchange in violation of NY labor law by using volunteer moderators?

#118
post #69

Earlier quoted context omitted.

The fact remains that moderating forums is labor, and stack exchange receives a lot of value from that labor that the mods themselves don't see a dime of.

Yes, but ...arrgh... they are doing this of their own free will and choice, perhaps because they enjoy it, they increase their social interactions, increase their skills... etc. It seems contrary to the concept of freedom if private parties cannot engage in such a relationship, if each and both so choose.

I'm not saying that the situation is necessarily bad, or that the people who willingly do this for free are suckers. I can't speak for them, and I don't know the conditions that the moderators labor under.

All I'm saying that the situation is still exploitation, no matter how you cut it. More and more businesses derive their main value from unpaid contributors, and it's something that should give us all pause.

Re: Is Stack Exchange in violation of NY labor law by using volunteer moderators?

#120
post #75

I am not whole opposed to the idea that companies that extract value from content created by their users should be forced to operate as non-profits that operate for the public good. The biggest drawback I see is that this could lead to large scale lobbying to greatly reduce the limitations placed on sich non-profits.

The biggest drawback is that sites like Reddit become infeasible or much less useful.

I find it hard to get outraged that Reddit profits from user contributions and discussions given that the useful bits to me and others are provided at no cost.

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