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
91–100 of 781 posts
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#92So I think the biggest question here is whether, as an employee, Uber/Lyft can set hours for a driver. Some specific implications: * Will we see employees (drivers) get a say in their shifts? An employee can be asked to work a 3AM - 9AM shift for example. * Can not arriving to shifts on time be grounds for dismissal? * Can refusing a shift be grounds for dismissal? * Can incurring unapproved overtime be grounds for d…
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#93It 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 work as a 1099 contractor doing software engineering under my own LLC consulting business. This is valid under CA law. The law is meant to protect people who are unfairly classified as contractors outside of a trade, not restrict choice of those of us already working in this capacity.
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#94Earlier quoted context omitted.
Why not? They currently do just that...
> Why not? They currently do just that... Right now they do that for contractors. After the drivers are reclassified as employees, things might change.
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#95It 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…
Some things, like not being able to set their own rates, meant drivers were never contractors, even if they wanted the perks of contracting (e.g, choose your own hours). Saying 'I wish to be a contractor' isn't legally sufficient: the agreement needs to permit setting rates.
This is a fuzzy line.
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#96Earlier quoted context omitted.
Some things, like not being able to set their own rates, meant drivers were never contractors, even if they wanted the perks of contracting (e.g, choose your own hours). Saying 'I wish to be a contractor' isn't legally sufficient: the agreement needs to permit setting rates.
Not all contractors set their own rates. Sometimes they bid on an already published rate. Which is what happens here. Uber/Lyft tell you what you will make before the ride starts. If you accept, you just set your own rate.
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#97What I don't understand is why Uber/Lyft don't just allow drivers to set their own prices. Whatever their pricing algorithm is it cannot possibly be better than an efficient market of riders and drivers bidding on trips.
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#98It 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
#99Earlier quoted context omitted.
Regulation, in general, exists primarily as a response to exploitation. If drivers felt they were getting paid equitably, had fair dispute resolution, had access to benefits, etc., there wouldn't be a need for this.
The parent's point brings up the fact that the medallion system wasn't particularly beneficial to all drivers (or riders); medallions are good for medallion-holders, which are usually taxi companies.
Re: Uber and Lyft ordered by California judge to classify drivers as employees
#100It 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…
Some things, like not being able to set their own rates, meant drivers were never contractors, even if they wanted the perks of contracting (e.g, choose your own hours). Saying 'I wish to be a contractor' isn't legally sufficient: the agreement needs to permit setting rates.
However, because the drivers choose to participate in the Uber/Lyft marketplace and benefit from the network affects that they have created, it follows that Uber/Lyft would have a say in the cost of goods sold in that marketplace. Just because the drivers can't set their own rates doesn't mean they aren't independent contractors.
If I hire you to mow my lawn, we mutually come to an agreement of what time and price you would perform the service. Just because you want to work for $100 / hour doesn't mean I'm willing to pay that. And because I'm only willing to pay a certain price only for your services doesn't make you an employee.
I think it's that simple. Uber/Lyft have a price they are willing to pay for services. They even allow their drivers to pick their own schedule (unlike my lawn service example). Drivers are not setting the price directly with the customers, they are getting paid by Uber/Lyft, but that doesn't make them employees.