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Uber CEO says its service will probably shut down temporarily in California

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Re: Uber CEO says its service will probably shut down temporarily in California

#131
post #38

Earlier quoted context omitted.

Oh cmon, in every country uber operated/operates in they are against the law. Just because you make a new app and don't follow the rules in the hope you get to big to fail doesn't mean it works. Uber specifically displays the current problem with new startups, they don't make things more effective, or cheaper. They borrow money, set low prices and don't follow the law and then lobby to change them. Uber is a taxi ser…

> You compare uber to etsy, but uber sets a price and does not even list the name of the driver till you order to pay. Yes, but the driver is similarly offered the fare, and may choose to accept or not. This is actually one of the critical distinctions between employees and non-employees. If they were an actual employee, Uber would be able to just assign the fare to them. This is also unlike taxis, where, if your lig…

The important factor for employee vs contractor isn't whether the worker can accept/reject the job, since employees have that option under many union contracts, and in fact this is how many restaurants have operated for decades (where "job" = "shift").

What matters is whether the worker can independently decide what fare to charge (even if in practice the fare is limited by market forces to what a customer/client would pay). If they can, they are almost always a contractor. If they can't, they are almost always an employee. (Note: Hollywood unions and guilds set minimum rates for work, but members are free to charge higher rates if they can get away with it, and many do. The contractor/employee distinction is largely moot because the unions/guilds took on the healthcare and benefits provisioning functions that employers would normally handle.)

EDIT: reply to ericmay since HN won't let me reply that deep. No, "accepting" a fare is not the same thing as deciding what fare to charge. Accepting a fare in the Uber/Lyft context means you take the fare Uber/Lyft offers you, or you go home; there is no potential for negotiation or other work. Deciding what fare to charge means you get to post your fare to Uber/Lyft, and customers decide whether they are willing to pay it, or conversely that a customer posts a desired fare, and the driver gets to decide whether they take it. If Uber/Lyft were truly just platforms and their drivers were independent contractors, either of those would be how fares are determined (and in fact, Uber is moving toward the former in CA as a result of this law).

If I offer someone $10 to mow my lawn and that's the only price I'm pay, are they now an employee because they can't decide what fare to charge? Do I now owe the kid down the street and all of her friends a 401k if they rotate through who mows my lawn for that price

Paying someone $10 to mow a lawn occasionally would not turn them into an employee. Terms of payment are just one of the factors in part A of the ABC test (which analyzes the worker's level of independence), so stop focusing on that single non-determinative data point.

Moreover, benefits requirements don't kick in until an employee exceeds a certain threshold of work performed (generally 30+ hours/week) for a single employer, and 401K contributions are not mandatory benefits anywhere. If a worker satisfies the ABC test for independence, they aren't an employee and benefits would not be required unless negotiated for as part of the work contract.

Re: Uber CEO says its service will probably shut down temporarily in California

#132

Want to be free to have a random part-time gig you can pick up whenever you want? Nope, do-gooders are going to do-good you into a wage slave job like everyone else.

Categorically false, the law isn’t being changed. A judge ruled that Uber was violating labor laws which specifically protect both contractors and full time employees.

The law didnt change today, but it did change less than a year ago: https://en.wikipedia.org/wiki/California_Assembly_Bill_5_(20...

Re: Uber CEO says its service will probably shut down temporarily in California

#133
Just an update from an old guy.

From my favorite capitalist, an oil futures trader on WS:

Between 9:30-4:00 I’d kill my own mother to make a dime a trade. Kill my own fucking mother.

Do we seriously think Uber would not slash wages to shit, deny healthcare, work drivers till they dropped, and then killed someone’s mother if they could make a dime and get away with it?

People seriously believe they would not do that unless someone (AKA The State) does not stop them?

I’ve worked in corporate America, they would kill you for a nickel if it could lift their stock price.

Welcome to the “system.” Now back to work!

Your boss has their eye on a new house. And YOU are going make sure they have that downpayment. :-)

Re: Uber CEO says its service will probably shut down temporarily in California

#134

Earlier quoted context omitted.

Ok. Uber closes down because it's not lucrative anymore. Drivers are out of a job. Are they better off having no income?

Of course not, that’s the “hostage” part of the grandparent. I’m saying that taxi drivers and delivery services were better off before being “disrupted”. And I’m not talking about CA per se, but generally all western countries Uber operates in. They may have a case in developing nations, I am not very familiar with the systems over there pre-Uber so I can’t comment on that.

I'm sorry, but I can't possibly humor calling a job you're willingly partaking in a "hostage" situation. If Uber is offering them a better deal than what they were going through, even if it's still a bad one (by your standards), why should we forbid these people from taking it?

I live in a developing nation that takes refugees from communist hellholes and the gig economy is helping them out big time by providing the less advantaged ones with a chance at life, all while improving the lives of its users through the service. And it's not just good economically, by creating new markets they help grow the economy and prevent the spread of xenophobia caused by foreign actors participating in a stagnant economy.

Unless you have solved poverty in your country and no one would ever willingly work in such a job you're only causing harm to other people by strangling Uber and similar companies out of existence.

Re: Uber CEO says its service will probably shut down temporarily in California

#135
post #38
post #17

Earlier quoted context omitted.

Well, I'm sure they have. They fundamentally disagree with the outcome, and so they will just not operate in California. Nobody will because the business model won't allow you to pay people enough money without charging too much. I also fundamentally agree with Uber and others here. They created a platform for someone to make a few bucks. If I sell something on Etsy they don't have to all of a sudden pay for my healt…

Oh cmon, in every country uber operated/operates in they are against the law. Just because you make a new app and don't follow the rules in the hope you get to big to fail doesn't mean it works. Uber specifically displays the current problem with new startups, they don't make things more effective, or cheaper. They borrow money, set low prices and don't follow the law and then lobby to change them. Uber is a taxi ser…

The genius of early (Uber X) Uber was that it launched a service that was illegal, but got away with it and paved a road to legality because it was significantly better than its competitors, liked by customer (read: voters), and displaced competitors no one had much sympathy for.

Re: Uber CEO says its service will probably shut down temporarily in California

#136
post #35

Earlier quoted context omitted.

comparing uber and etsy is dishonest at best. The only freedom an uber contractor has is "when to work". All the pricing and trips are decided by uber, and they can't even reject properly. They are in fact an employees in everything but legal status. In etsy, you choose your prices, what you sell, and even to whom you sell to, it's definitely a market place.

Drivers have been able to set their own prices in California for some time now https://www.uber.com/blog/california/set-your-fares/

"For some time now" meaning less than 1 month, or long after this particular point was raised in the trial that just concluded.

And importantly, it's not actually in effect in the entire state yet. It's still just limited to the Bay Area, with the rollout to the rest of CA happening over the rest of the summer.

Re: Uber CEO says its service will probably shut down temporarily in California

#137
I recommend reading the book Atlas Shrugged by Ayn Rand. California will attack and attack and attack because those in government believes they are morally superior. The only way they will learn is when Capitalists fight back by "turning off the engine of the world".

Who is John Galt?

Re: Uber CEO says its service will probably shut down temporarily in California

#138
post #83

> "What worker doesn't want to have access to paid sick leave?" Becerra said. "What worker doesn't want to have unemployment insurance at a time of Covid-19 crisis? What worker doesn't want to know that they'll get paid for overtime if they work 60 hours in a week or 12 hours in a day?" Since when are we reasoning about workers starting from what they want? If we go by that reasoning, "What worker does not want to be…

> Increase the costs of running the service, and you don't have work anymore.

This hasn't been found to be the case when increasing the minimum wage, though.

Re: Uber CEO says its service will probably shut down temporarily in California

#139
post #43

Maybe I'm cynical but "temporarily shut down" sounds like a formula to: - Inconvenience a certain class of urbanites who have grown accustomed to being driven around in the hopes that they - Complain loudly to their representatives and other governmental officials in the hope that - The state will reverse this judgement

Imagine shutting down food delivery in a pandemic is going to be a popular decision.

I imagine not.

Re: Uber CEO says its service will probably shut down temporarily in California

#140
post #28

We’re legally unequipped to deal well with gig workers. They’re arguably neither contractors nor employees, and shoe horning them into either category will inevitably lead to some absurdities.

Why wouldn't they fit squarely into the category of contractors? They set their own hours and use their own equipment. The fact that the platform sets dynamic prices doesn't change this. Contracts to do work in times with more demand command higher prices in plenty of other industries. Caterers probable charge more during the holidays, right?
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