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Uber and Lyft ordered by California judge to classify drivers as employees

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Re: Uber and Lyft ordered by California judge to classify drivers as employees

#251
post #7

It strikes me that these articles are always biased in the direction of the benefits of being an employee. I have several friends that actively choose to be contractors because they prefer the (legally protected) flexibility to decide their own hours, among other things. It's a personal decision, and there are upsides and downsides in both directions. Sure - some (non-insignificant) portion of Uber and Lyft drivers w…

I'm afraid you're repeating Uber's favorite talking point, which is that everyone should respect the worker's decision to be an employee or contractor. Nobody disputes that Uber can have employees or contractors (or both), or that drivers should, in principle, be able to choose what status they hold. The problem is that Uber currently exerts so much control over its "independent contractor" relationships that they ha…

Having been a driver for 1.5 years my questions for you are these:

1. If Uber and Lyft allow their drivers to choose, would it be reasonable for them to make "having the other app on at the same time" cause for dismissal? I know of no other employee that is allowed to simultaneously bill time on a competitor. Contractors, absolutely. Employees, no.

2. What if Uber, instead, charged $1.00/mo for the drivers to use the app, thereby making them customers instead of contractors?

Re: Uber and Lyft ordered by California judge to classify drivers as employees

#252
post #80

Earlier quoted context omitted.

Then that is for the government to provide, not for a company to provide.

This lawsuit was filed by the state of California - this is how the government is providing it. It might be weird (and it is really weird to look at the US) but most of your regulations seem to work by hoping people do good things and then trying to sue the bad actors enough times that everyone backs off of doing not good things. I'd love to see the US government actually step up to the healthcare plate though - espe…

I definitely want a gov't healthcare solution here, but I don't think that it's the whole picture. Australia is worse off[1] and they have a better system

[1] https://www.smh.com.au/national/australians-are-fat-and-gett...

Re: Uber and Lyft ordered by California judge to classify drivers as employees

#253

It's interesting how often Silicon Valley companies blitzscale an unsustainable business model and then leave public investors holding the bag. In the Uber and Lyft case, the time bomb was the regulatory issue. Which investors should have known about, given that these companies have been breaking the law since day 1. Tesla with their full self driving is also an example of this dump the risks on the bag holders patte…

Aren’t investors supposed to research what they’re investing in?

Re: Uber and Lyft ordered by California judge to classify drivers as employees

#254

It's interesting how often Silicon Valley companies blitzscale an unsustainable business model and then leave public investors holding the bag. In the Uber and Lyft case, the time bomb was the regulatory issue. Which investors should have known about, given that these companies have been breaking the law since day 1. Tesla with their full self driving is also an example of this dump the risks on the bag holders patte…

To be fair, the founder didn't want to do IPO and according to rumors that was the reason why he was kicked out. All the toxic workplace stuff was just a narrative tool to make it happen more easily. Also, it's a public market. No one is "holding the bag". This may be true if Uber crashed before the IPO because private investors can't easily sell, but once on the public and liquid market, it is the public investor's…

> All the toxic workplace stuff was just a narrative tool

That's a pretty bold claim. What of all the reports of a toxic workplace? I've heard first-hand accounts.

Re: Uber and Lyft ordered by California judge to classify drivers as employees

#255

Earlier quoted context omitted.

Abuse?? Nobody is forced to work anywhere in the U.S. If they can find a better situation they should. Why hurt their situation with regulation?

> Nobody is forced to work anywhere in the U.S. Starvation and rent suggest otherwise. We're not so sufficiently advanced that anyone can choose not to work and expect meals and a roof over their head.

How does the existence of Uber impede on your ability to get another job? Do you really think if the company shut the lights off today all of its drivers would be better off?

Re: Uber and Lyft ordered by California judge to classify drivers as employees

#256

Earlier quoted context omitted.

> Uber does not determine the rate, the market do Not true. Uber's algorithm sets the rate within certain profitability margins which are determined by uber, "the market" is very artificial since customers only ever see the rates that uber decides they should see rather than what some drivers would actually offer. > Uber won't find drivers if the rate is too low, for example because it's lower than the costs, lower t…

There are other market players than Uber, and Uber is in no way a taxi monopoly. You could say this about literally any marketplace and especially about any taxi company (nearly all taxi companies have independent drivers-contractors, usually driving their own but branded cars - at their own expense , and with exclusivity contracts; taxis all over the world work this way), but only the more modern marketplaces are fo…

> There are other market players than Uber, and Uber is in no way a taxi monopoly

True, but not relevant to my point which is that uber explicitly sets the rates, not drivers, and not the market. I understand why they do this, but it's simply false to say that drivers having the option to sometimes pass up on rides is the equivalent of setting their own rate.

Re: Uber and Lyft ordered by California judge to classify drivers as employees

#257
post #7

It strikes me that these articles are always biased in the direction of the benefits of being an employee. I have several friends that actively choose to be contractors because they prefer the (legally protected) flexibility to decide their own hours, among other things. It's a personal decision, and there are upsides and downsides in both directions. Sure - some (non-insignificant) portion of Uber and Lyft drivers w…

Uber and Lyft could still grant the same flexibility to employees. If they don't wouldn't it kind of blow their entire "contracting is better anyway" argument out of the water?

Re: Uber and Lyft ordered by California judge to classify drivers as employees

#258
post #7

It strikes me that these articles are always biased in the direction of the benefits of being an employee. I have several friends that actively choose to be contractors because they prefer the (legally protected) flexibility to decide their own hours, among other things. It's a personal decision, and there are upsides and downsides in both directions. Sure - some (non-insignificant) portion of Uber and Lyft drivers w…

I'm afraid you're repeating Uber's favorite talking point, which is that everyone should respect the worker's decision to be an employee or contractor. Nobody disputes that Uber can have employees or contractors (or both), or that drivers should, in principle, be able to choose what status they hold. The problem is that Uber currently exerts so much control over its "independent contractor" relationships that they ha…

The fact that it's Uber's talking point doesn't make it any less true.

If rideshare drivers are employees, then there's going to be fixed overhead costs of hiring employees and drivers will not be able to set their own hours. The rideshare company would not recoup the costs of benefits for drivers that drive less than a certain number of hours per month, and so drivers would have to be required to work at least that many hours.

Can you elaborate on what you mean by, "in practical terms drivers don't end up with the choice they ought to"? I know people who drive for Uber and Lyft less than 10 hours per week, and some do it nearly full time.

Re: Uber and Lyft ordered by California judge to classify drivers as employees

#259

Earlier quoted context omitted.

> many people work more than one job. IANAL, but I don't think your employer can forbid you from working more than one job. Sure. But employers can prevent you from working for someone else at the same time as you are working for them. So if you wanted to do a 6 hour shift for Uber and then after that do another 4 hours for Lyft. That would almost certainly be legal. But the common practice today is to run both apps…

I don't see why. Currently, drivers are being paid by the ride, not by the hour. If they aren't available for a ride, they don't get paid for the ride. If Uber wants that kind of exclusivity, they're probably going to have to pay drivers for idle time.

> If Uber wants that kind of exclusivity, they're probably going to have to pay drivers for idle time.

I don't think that's true. There are many sales employees who are compensated almost exclusively on a commission - per sale - basis. None of them can work for multiple companies concurrently.

Re: Uber and Lyft ordered by California judge to classify drivers as employees

#260

It's interesting how often Silicon Valley companies blitzscale an unsustainable business model and then leave public investors holding the bag. In the Uber and Lyft case, the time bomb was the regulatory issue. Which investors should have known about, given that these companies have been breaking the law since day 1. Tesla with their full self driving is also an example of this dump the risks on the bag holders patte…

I'm not sure I follow the "holding the bag". The regulatory risks were really obvious when Uber IPO'd last year. If investors lose money because of those risks, it's their fault for not accounting for them.
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