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 ordered by California judge to classify drivers as employees
461–470 of 781 posts
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#462Earlier quoted context omitted.
You realize there are tons of jobs with employees that allow employees to chose their own hours. There is nothing in this ruling that prevents Uber from allowing people to chose rides _exactly_ as they are doing it now. The changes are: 1. Uber needs to pay into unemployment insurance. 2. Uber needs to pay into workers compensation. 3. Uber needs to pay into social security. 4. Uber needs to collect payroll taxes in…
Do you have examples of jobs where employees choose their own hours and can work for competitors?
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#463It 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…
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#464It 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 an on-and-off Uber driver. It's a great gig to supplement my income. As someone who has many limitations from a disability, it's almost impossible to find a job that classifies me as an employee. I just don't get hired. And I need to take a break when I need to take a break. I can't have someone dictating my hours for me. In my city, which fortunately is not in California, being classified as an Uber employee wou…
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#465Earlier quoted context omitted.
Uber gets paid, not the driver. The money does not drop directly into the driver's bank account. The driver cannot decide to change his rate or charge extra if the customer pukes in the car. And besides, Getting a cut of your sales and it's called commission. Independence goes much further - can the driver assign someone else to do the job?
Uber collects the payment. But it belongs to the driver. Uber then takes a fraction of it. As with any other marketplace/platform: Amazon, Patreon, App Stores, Twitch, Steam, etc. Stripe collects payments for me when I sell my app. The money does not drop directly into my bank account. And I don't think Uber has any problem with drivers hiring other people to drive their car and do Uber for them. The people that take…
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#466It 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…
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#467Earlier quoted context omitted.
True, but when 100k uber drivers (contractors) in California are reclassified as employees, it seem fair to say a "dispute" is happening. For the record, I am not saying the ruling is incorrect, but it does make me feel uneasy because: 1) I think that Uber does provide a public good (increased efficiency compared to a taxi) 2) If all drivers are employees, the business does not seem sustainable I think that new laws…
1) In Victorian Britain, child labour provided a great many public goods. 2) After it was outlawed, many of businesses that relied on it became unsustainable. I don't think it is sensible to justify exploitation with "but the public benefits from it' and 'without it the business might go under'. By that logic we'd still have Victorian workhouses, 12-hour workdays, and there'd be no health & safety.
It's absurd to compare providing a service that hooks drivers up with clients to child labour.
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#468Earlier quoted context omitted.
So if you live in a town with three welders, and those three welders come together and agree that they will not ever weld for below $X/h in the town (which is significantly above market price of nearby, equivalent towns), then that is not price-fixing , because the people that want welding services are suddenly "welder employers" because they are buying a service? I... don't think that's right. The price of rides is…
>So if you live in a town with three welders, and those three welders come together and agree that they will not ever weld for below $X/h in the town (which is significantly above market price of nearby, equivalent towns), then that is not price-fixing, because the people that want welding services are suddenly "welder employers" because they are buying a service? I... don't think that's right. There is a huge differ…
2. I am not perpetuating a straw man that "all collective bargaining is price-fixing". I am arguing that in this particular case, this is the bad one (price fixing), not the good one (collective bargaining). This is because the drivers (not Uber) have monopoly power in the market. The disagreement is stemming from the fact that you believe that any action taken by "labor" cannot be price-fixing, which I disagree with.
3. "This is ridiculous on its face." It is not ridiculous. This is called supply-and-demand and it actually works quite well for pricing things. If Uber "sets" the price too high, riders will not use the service. If they "set" the price too low, drivers will not want to participate and then you don't have a market. Again, the price is "set" at whatever value riders are willing to pay and drivers are willing to accept. Anything else and the system fundamentally doesn't work.
4. At least in California:
a. you choose which rides you want. you are not forced to take certain rides ("make a certain app").
b. drivers can set prices
c. the Uber cut is not obscure (pretty sure it's always been 30%). The time this doesn't apply is when Uber gives both counterparties a great deal by paying the driver more and charging the rider less and using VC money to split the difference.
d. you can ride for Lyft as well, or be a private car for hire without a ride-sharing app ("market yourself")
e. my option with Stripe is "sell my app using them or not", ditto for Steam. Can I sell it without them? Sure. Just like a driver can sell private car-for-hire services without Uber.
5. You might want to break it to a number of companies that some of their core businesses don't actually exist because they came out of acquisitions. Regardless, that wasn't my point. Investors invested in a ride-sharing app. Uber makes money because they have an app. Without the app (but 1000s of drivers) they would not have a business. They would literally be a cab company. But actually they wouldn't be because they don't have any medallions, which you need if you're not connecting riders directly to drivers with... your app. The core business is definitely the app. That's how Lyft can also exist in the same space with the same drivers. Because their business is in making an app that enables a marketplace for ride-sharing, just like Uber. But it's a different app. But the same drivers. Given your assertions, I guess they're pretty lucky to exist in an industry where you could have 100 competing ride-sharing apps, but because "the drivers are their core business", they will all do just fine because they all have drivers!
6. Most of this is addressed in 4. For the rest of it, you're just tacking on more and more made-up criteria that obviously don't apply. If I hire a guy to mow my lawn, I can stipulate that he uses an electric mower. Maybe this is because I care about the environment, don't like gas fumes, or want to look fancy in front of my neighbors. My reasons are my own and he is still an independent contractor. Likewise, Apple forces you to develop in a certain way for the App Store – still a marketplace. They require you to adhere to certain standards of app design/development – ya know, so you don't hurt their brand. Steam could (does?) do that too, and it wouldn't make them not a marketplace. I also notice you ignored Etsy/Twitch, which most certainly do rely on one-person delivery for their core business.
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#469Earlier quoted context omitted.
I was a 1099 contractor for several years and couldn't agree more. It drove me nuts when I'd read articles like this, since I had made a conscious choice not to be an employee, for all of the pros and cons that implies.
That option is still completely possible under this law. One of the provisions that allows you to remain a contractor is "The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed." I work as a 1099 contractor under my own LLC consulting business. This is valid under CA law. The law is meant to protect people who are unfa…
While that may be, we all know that laws aren't interpreted based on their intended meaning. They are interpreted as one or more judges sees fit.
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#470Earlier quoted context omitted.
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…
AFAIK here is a "duty of loyalty" that requires you not to compete with your employer so working for a company that directly competes with them would be out. Like working for both Waymo and Uber self driving cars at the same time "as an employee". As a contractor no such standard exists.
The fact that this question is practically speaking unilaterally up to Uber and not the result of any meaningful negotiation between the parties makes the relationship even more employment-like, as there's usually much less negotiation around terms of employment (certainly some still happens) than in true independent contracting.
What's more, it's not clear to me that courts would enforce the duty of loyalty (and maybe not even an express contractual provision depending on the state) against a part-time rank-and-file provider of comparatively unskilled labor, just as they wouldn't prevent a 20-hour-per-month sandwich shop employee from spending an additional 20 hours per month at a different sandwich shop in parallel. Maybe a guarantee from Uber of full-time pay would change that. I believe a federal trial court has even ruled that non-fiduciary employees in California have no duty of loyalty, though I don't know if that was overturned on appeal or whether state courts have agreed.