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Uber Will Pay $100 Million To Settle Suits With Drivers Seeking Employee Status (latimes.com)

An anonymous reader writes: Two lawsuits posing a threat to Uber's on-demand business model have been settled. Uber has agreed to pay up to $100 million to drivers who sought to be classified as employees of the company. The initial sum paid will be $84 million, which will settle cases in California and Massachusetts to some 385,000 drivers. If the company goes public or gets purchased, Uber said it will pay drivers an additional $16 million. The company is currently valued at $62.5 billion. In addition, new policy changes will force the company to no longer be able to deactivate drivers' accounts at will. They will also stop deactivating drivers who turn down rides frequently. Appeal panels will be created to help drivers form an association so they can contest terminations. The last policy change requires Uber to clearly inform riders that tips are not included in Uber's fares. Drivers will now be able to solicit tips from passengers. "If we chose not to settle this case, we faced risks," plaintiff attorney Liss-Riordan said in a prepared statement. "We faced the risk that a jury in San Francisco (where Uber is everywhere and quite popular) may not side with the drivers over Uber." The settlement still needs to be approved by Judge Edward Chen of the District Court of Northern California, which will probably be a months-long process. The company seems to be waist-deep in legal trouble lately. Two weeks ago, Uber agreed to a settlement of $10 million for misleading advertising about the quality of its background checks for drivers. One week prior, it was reported the CEO of Uber will go to court over price fixing claims in New York.

83 comments

  1. Sooo by Adambomb · · Score: 1

    Ignore laws, write off settlements as cost of doing business compared to revenue.

    Sounds about business as usual.

    --
    Ice Cream has no bones.
    1. Re:Sooo by whoever57 · · Score: 2

      I don't see how this settlement will work. So, current drivers get some cash, but what about new drivers? Can't they sign up now, wait a couple of years or so and then sue?

      --
      The real "Libtards" are the Libertarians!
    2. Re:Sooo by Anonymous Coward · · Score: 0

      Cash?No.

      It will be a voucher for up to $20 off your next trip with Uber...

    3. Re:Sooo by sumdumass · · Score: 1

      They could sue but likely not for this. The employment structure for the company is changed so new drivers would likely not fall under the same conditions or circumstances as those who are settling. The cash existing covered drivers will get covers past grievances that should no longer exist.

    4. Re:Sooo by NicBenjamin · · Score: 2

      That would be tricky.

      The problem is that Uber has a lot of control over what it's drivers do because it deactivates (ie: fires) them for shit like refusing a fare or pissing management off. That makes it very tricky for them to get the IRS tests for employee or contractor to say contractor, which means that they are on the hook for a variety of things including the employer half of their driver's self-employment taxes. Since all 50 states have their own employee/contractor rules, with their own employee/contractor tests, and their own legal ramifications if you classify somebody wrongly it gets very complicated very quickly.

      Under the settlement they pay current drivers off, and agree to a number of concessions that give Uber management significantly less control over how an individual Uber driver works. In particular they can't basically force a driver to accept a ride by including algorithms that fire him if he refuses to take a certain number of rides, they can't fire them for no reason, there's a whole Appeals Process, etc. There's also a lot more transparency regarding discipline, which is good because one of their problems was that when you asked them "are you doing thing x to your drivers that would insta-convert them to employees and fuck your business model?" Uber would have reams of paperwork saying "Hell no," and then you'd ask the drivers and they'd say "Hell yes." And if your contractors act like employees because they think you'll fire them if they don;t act like employees they are employees.

    5. Re:Sooo by mjwx · · Score: 1

      Ignore laws, write off settlements as cost of doing business compared to revenue.

      Sounds about business as usual.

      How much longer can Uber keep doing it? Last year it was revealed they were losing $100 million a quarter. That was before the notion of giving out $100 million settlements to make people go away.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  2. Editors: Please learn English by djbckr · · Score: 1

    It's waist-deep, not waste-deep. As in, "He was waist-deep in waste."

    1. Re:Editors: Please learn English by bloodhawk · · Score: 1

      maybe, however in this case Waste-deep may be just as appropriate, some of Ubers dodgy practises are slowly coming to cause a bit of a financial stink in the company.

    2. Re:Editors: Please learn English by BeauHD · · Score: 1

      It was a typo but one could certainly argue otherwise.

    3. Re:Editors: Please learn English by edittard · · Score: 1

      You could, but you'd be wrong. The correct phrase works because we know what and roughly where a waist is. Your substitution makes as much sense as saying "air high" or "asphalt long".

      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
  3. waste-deep by Anonymous Coward · · Score: 0

    Really?

  4. The ghost of P.T. Barnum at work... by Anonymous Coward · · Score: 1

    Valued at 62 billion? You have to be kidding me.

    I bet whatever stock trader-type person figured this out wears a suit.

  5. The sharing economy by bretts · · Score: 0

    You take all the risk, we take all the money. Silicon Valley is bleeding America dry as its financial system collapses.

  6. Disruptive Industry by TheReaperD · · Score: 3, Insightful

    Anytime you have an organization that is truly disruptive to industry, you'll end up with problems like this. Uber and all similar companies that are disrupting their respective industries are having to fight an uphill battle with established industries, regulators and a whole host of organizations that have a vested interest in the way things currently work, such as insurance providers and licensing agencies. It's going to be messy with laws and organization eventually adapting until they become part of the establishment; usually with a compromise between the business models of the establishment and the disruptive group.

    --
    "Be particularly skeptical when presented with evidence confirming what you already believe." -
    1. Re:Disruptive Industry by Anonymous Coward · · Score: 0

      cool story, bro. gonna forward this to my crack dealer. keeps saying something about disrupting big tobacco.

    2. Re:Disruptive Industry by TheReaperD · · Score: 2

      It may not apply to crack (yet) but, if you look at the infant marijuana industry in the US, your example does work. This process of change is not often fast and industries involved in narcotics prohibition are slower than most. When it comes to marijuana in the US, it spans decades because of the sheer number of industries that it threatens to disrupt, including clothing, pharmaceutical, law enforcement, farming, and recreational mood alteration (alcohol, tobacco, etc.), just to name a few.

      --
      "Be particularly skeptical when presented with evidence confirming what you already believe." -
    3. Re:Disruptive Industry by Anonymous Coward · · Score: 0

      cool story, bro. gonna forward this to my slave dealer. keeps saying something about disrupting big unions.

    4. Re:Disruptive Industry by TheReaperD · · Score: 2

      Sorry to reply to my own post. The DEA alone is in jeopardy of losing over 100 billion dollars in marijuana prohibition enforcement alone if it is legalized nationally.

      --
      "Be particularly skeptical when presented with evidence confirming what you already believe." -
    5. Re:Disruptive Industry by tlhIngan · · Score: 5, Insightful

      Anytime you have an organization that is truly disruptive to industry, you'll end up with problems like this. Uber and all similar companies that are disrupting their respective industries are having to fight an uphill battle with established industries, regulators and a whole host of organizations that have a vested interest in the way things currently work, such as insurance providers and licensing agencies. It's going to be messy with laws and organization eventually adapting until they become part of the establishment; usually with a compromise between the business models of the establishment and the disruptive group.

      No, it's not disruptive. It's just cheating. The taxi industry went through the same things Uber is going through, except it was over decades ago It's why those regulations exist - because in the past, taxi companies cheated the heck out of people.

      The "sharing economy" is really more of a wage slave economy. The only thing they figured out how to do was to get people to ignore all the improvements to working conditions that were achieved and put into law and claim it as a new and innovative.

      You disrupt industry by doing things in new and innovative ways, not by finding loopholes in law that let you bypass existing regulations.

      Even things like banning drivers who turn down too many rides? That's not an independent contractor - an independent contractor has the right to determine which rides they will take without repercussion (other than not making money off it). Hell, all Uber had to do was send an alert to nearby drivers and ask them to "bid" on the job and give it to the lowest bidder - just like how contractors bid on projects, Uber would be revolutionary by having drivers bid on taking rides. If the person wanting the ride had the option of picking the ride they wanted (not necessarily the lowest, but include stuff like the car and driver's ratings) then Uber would've been a marketplace for selling rides. That would be innovative.

    6. Re:Disruptive Industry by TheReaperD · · Score: 1

      Now you're just being a pain in the ass but, I'll answer anyway. Slavery, specifically, is something that humanity decided in the 1800s was something that we were not going to socially support and it's been declared illegal worldwide and there's no sign we're going to reverse that anytime soon. Unlike drugs, there's really no organized group advocating the social benefits of resuming a legal slave trade.

      --
      "Be particularly skeptical when presented with evidence confirming what you already believe." -
    7. Re:Disruptive Industry by fluffernutter · · Score: 1

      It still amazes me the difference in how copyright violations and uber are being handled.
      Copyright violation: Kids want to ignore laws and set up pirate sites, let's sue them into oblivion.
      Uber: A business is ignoring laws for the sake of technological improvement! Let's support them!

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    8. Re:Disruptive Industry by fluffernutter · · Score: 2

      You disrupt industry by doing things in new and innovative ways, not by finding loopholes in law that let you bypass existing regulations.

      I honestly wonder how many honest people thought of the whole ride sharing idea and were in the process of trying to build their business the legitimate way before Uber broke laws and sailed right by them. It goes to show you, the people who get the biggest rewards in capitalism are the ones who play closest to the line of dishonesty without getting arrested.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    9. Re:Disruptive Industry by Anonymous Coward · · Score: 2, Insightful

      Bullshit. This is not about the "business models" of the establishment. This is about safety and worker rights issues. I'm tired of Uber posting this red herring.

      What? Do you think the business models of taxi companies were somehow different from Uber? no, they tried to pull the same shit. Uber and the taxi companies are exactly the same.

    10. Re:Disruptive Industry by ScentCone · · Score: 1

      Slavery, specifically, is something that humanity decided in the 1800s was something that we were not going to socially support and it's been declared illegal worldwide and there's no sign we're going to reverse that anytime soon

      Well, not counting the many countries where it's widely practiced. Or the large, well-financed religious movement occupying swaths of the middle east where slavery is not only tolerated, but celebrated (and supported by people and cash from people across the globe, including in Europe and North America). And then there's the matter of defining "slavery." Does it mean "being compelled to work for other people without compensation?" If so, then you could lump, for example, the half of the country that pays no income tax into the group of people who are enjoying part-time slavery on the part of the people who DO pay income taxes.

      --
      Don't disappoint your bird dog. Go to the range.
    11. Re:Disruptive Industry by Anonymice · · Score: 1

      Even things like banning drivers who turn down too many rides? That's not an independent contractor - an independent contractor has the right to determine which rides they will take without repercussion

      Umm...I'm the last person who'd defend Uber, however I don't see what the problem is there? If my business relied on contractors, I'd also favour the ones who showed themselves to be more reliable to take the work when it was available.
      They also have a vested interest here, as it stops hobby drivers just creaming off the most profitable jobs and allows their dedicated drivers to more easily make a living. This is one of the reasons it's illegal for regulated taxis to turn down a fare (in the UK at least).

    12. Re:Disruptive Industry by l0n3s0m3phr34k · · Score: 1

      "the half of the country that pays no income tax " Mitt Romney, are you posting on Slashdot now? Half of those people don't pay Federal income tax over-all simply because they don't earn enough during the year. They mostly STILL pay federal income tax, they just get it back as a refund. Especially those with children, they get both the "standard deduction" and "earned income credit". But if their working, they are still paying taxes out of each paycheck.

    13. Re:Disruptive Industry by sumdumass · · Score: 2

      I couldn't tell you how many but years ago, I had the idea of running people to and from bars in the local area. Until recently the city had on cab company that shut down at 8 pm and wouldn't allow any other cab companies to operate within the city (the city owned the cab company and a private company ran it ).

      Well it turns out that no matter what I attempted to call it, it was illegal. I even tried to pass it off as a site seeing tour but it still fell under the technical definition of a taxi service. I guess the DUI revenue was more important or something.

      It took something like Uber to raise enough attention to the problem before pressure was enough to change this. Now you can jump through hoops and compete with the city taxi service. Uber is still technically illegal but practically impossible to do anything about.

    14. Re:Disruptive Industry by ScentCone · · Score: 1

      Are you even listening to yourself? So they pay it, but not really. What you're saying is that Mitt Romney was actually correct. Thanks for agreeing that the facts are the facts.

      --
      Don't disappoint your bird dog. Go to the range.
    15. Re:Disruptive Industry by dbIII · · Score: 1

      Not so much disruptive as regressive.
      Piecework instead of wages is not a new thing.

    16. Re:Disruptive Industry by dbIII · · Score: 1

      The typical way to do things in a democracy is to talk to people about changing the laws instead of either giving up or going ahead and breaking them.
      That can be difficult, especially in the situation you mentioned where a government is getting money by selling the right to a monopoly (both anti-democratic and anti-capitalist), but it's better than just charging in and busting heads.

    17. Re:Disruptive Industry by dbIII · · Score: 1

      The thing is they are employees in all but name without any of the benefits of being an employee or any of the benefits of being a contractor. It's third world style piecework without even the choice of getting piecework from another employer.

    18. Re:Disruptive Industry by Wycliffe · · Score: 1

      hobby drivers just creaming off the most profitable jobs and allows their dedicated drivers to more easily make a living

      This is the real problem with Uber. They want everything both ways. They call themself a "ride share" company but most of their drivers are dedicated drivers. If it was just a ride share and I was going there anyways then doing it for less than minimum wage would be fine. They want to call their drivers independent contractors but at the same time dictate when, where, and how much they charge (aka an employee). If I'm a contractor and I can pick up people when and where I want and charge whatever I want then that's fine too. Uber doesn't want that either They want employees they can control but the tax benefits of them being called independent contractors. Most of the recent legal problems Uber is in is not because of entrenched taxi services. They've mostly won that battle. The fights they are currently in are labor law fights and they will likely end up losing this next round and they should. They need to either be an app like ebay where independent contractors compete for customers on price, availability, etc.. or they need hire their drivers as employees.

      On a related note, those "hobby drivers" that you are complaining about would not be a problem if you bid on jobs. They would also help with surges. As demand increased and bids started increasing then more hobby drivers would show up. Likewise, unprofitable routes would no longer be unprofitable as those dedicated drivers would require more to take those jobs.

    19. Re:Disruptive Industry by NicBenjamin · · Score: 1

      Even things like banning drivers who turn down too many rides? That's not an independent contractor - an independent contractor has the right to determine which rides they will take without repercussion

      Umm...I'm the last person who'd defend Uber, however I don't see what the problem is there? If my business relied on contractors, I'd also favour the ones who showed themselves to be more reliable to take the work when it was available.
      They also have a vested interest here, as it stops hobby drivers just creaming off the most profitable jobs and allows their dedicated drivers to more easily make a living. This is one of the reasons it's illegal for regulated taxis to turn down a fare (in the UK at least).

      Ahh, a Brit. Divided by a common language in legal terms as usual.

      In the US a contractor is supposed to be someone who a) has his own equipment, b) has his own business (ie: his own accountant, office, etc.), and c) takes jobs on a contract basis. If you've got a system where the contractor owns equipment (leased through Uber), uses Uber's statements for his financials, and thinks he has to take any work Uber offers that's by definition not a contractor. In fact if a driver HAS to take a job or he won;t get6 another job trhat triggers two of the three IRS Tests for skeezy-assholes trying to pass their employees as contractors to avoid labor laws. It violates the "Behavioral test" because it implies that the boss has a level of control over the driver then is typical in contractor relationships, and it violates the third "type of relationship" test because it codifies the idea that there is an on-going relationship. In theory a contractor is supposed to have a series of one-off contracts with completely different people, not a permanent gig.

      In other words if Uber is contracting with drivers it has to treat them like independent businesses, and independent businesses are supposed to do shit to each-opther like cream off the most profitable routes.

    20. Re:Disruptive Industry by Anonymous Coward · · Score: 0

      And what's wrong with that? I love being a contractor. if they can't negotiate better rates then tough.
      --
      cayenne8

    21. Re:Disruptive Industry by TheReaperD · · Score: 1

      I am not, nor have ever been, affiliated with Uber or any other ride-share company in any way. In fact, my girlfriend's dad is a taxi driver and I've heard all of the industry arguments. The taxi drivers are scared because their paycheck is on the line, potentially. Nobody thinks clearly when their livelihood is on the line, just ask the coal miners. The real rip-off with taxis is the rich medallion holders who are wailing because their "guaranteed investment" has devalued by half in the last ten years due to Uber. Do I think Uber and the like need to be reigned in? Yes. But, at the same time, the taxi medallion monopolies need to be broken. So, as my original post said, they will likely both end up somewhere in the middle.

      --
      "Be particularly skeptical when presented with evidence confirming what you already believe." -
    22. Re:Disruptive Industry by Hognoxious · · Score: 1

      Wrong. It's actually pretty much the same in the UK. There's a lot of controversy over this in the construction industry at the moment.

      P.S. before pontificating about language maybe you should learn the difference between "then" and "than".

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    23. Re:Disruptive Industry by Anonymous Coward · · Score: 0

      Conceded, there is a lot of bullshit associated with the taxi industry. Rent seeking from established interests has put up all kinds of barriers to competition so they can line their pockets. That said, some of the local laws, like the ones around liability insurance are important. If I went to my car insurance company with a claim and told them that I'd been operating my vehicle as a taxi, I'm sorry, ride share at the time of the accident, they'd laugh in my face. Taxis incur significant extra liability that isn't priced into consumer policies. If you're riding with a friend and he crashes, how likely are you to sue him? How about if you're riding with a professional driver? If you're sitting on a jury in a civil trial, are you more likely to award a large settlement to someone who was hurt riding with a friend or someone who was hurt when paying a professional driver?

      The thing that disgusts me about Uber is how they want to have it both ways. When things are going well, they're a taxi company and they collect all the revenue. But they push all of the risk onto their drivers and riders. As soon as anything goes wrong, they throw the independent contractor under the bus because there is always the next sucker waiting to liquidate the residual value of his car for pay that might let him break even (but probably wouldn't if he had to carry expenses like commercial insurance). This idea that someone being an Internet company means that laws don't apply to them is farcical.

    24. Re:Disruptive Industry by fluffernutter · · Score: 1

      THIS is what I was referring to.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    25. Re:Disruptive Industry by sumdumass · · Score: 1

      Oh i tried to get the laws changed. I even tried to get the cab company to extend the hours to accommodate the closing of bars in the area. I lacked the influence, power, knowledge and abilities to do it. I was met with what appeared to be concern when talking with council members and the mayor but it never went beyond that. This was before the internet so i got an op-ed piece in the local paper. It was edited to avoid pissing specific people off but the general sense of published responses was that people drinking should take care of a ride home before going out and it was their own fault if they got a dui. Of course at this time, the legal limit was still high at .10 so you could drink more before being considered drunk driving legally.

      There are considerably more options today to get the word out and muster support. I moved to another town and moved back over the years. I haven't really thought about it much after moving until I replied.

    26. Re:Disruptive Industry by Anonymous Coward · · Score: 0

      "worker rights" are a part of the agreement that makes (has historically made) the establishment. There is no other reason for them to exist.

    27. Re:Disruptive Industry by pnutjam · · Score: 1

      Show me some citations where anybody gets back more then they pay in SS/medicaid deductions (don't forget the 6% they would be getting from their employer if it wasn't going to the fed). It doesn't happen, they are paying federal taxes, it's just a convenient lie to say they don't.

    28. Re:Disruptive Industry by dbIII · · Score: 1

      You did the right thing - they didn't.
      Should they be rewarded for breaking the law while you don't get a chance at an opportunity?

  7. pair by Anonymous Coward · · Score: 0

    I miss pair programming. I have no ego and it is fun to teach much stupider people to program.

  8. Really so wrong to have a manical spree killer by Anonymous Coward · · Score: 0

    driving your riders around the town? Imagine the thrill of a lifetime, assuming it's not a short one, of truly riding shotgun in an ueber car with a driver having one hand on the wheel and another wielding an uzi out the window.

  9. Too bad by Anonymous Coward · · Score: 0

    So uber just gets off scott free, a million dollars is pocket change to them. Pretty disappointing, and it will make it harder for others to get fair treatment in the future. Really sad.

  10. Not all inclusive anymore by JeffOwl · · Score: 3, Funny

    So now they are going to expect tips on top of the agreed upon fare? I'm running out of reasons to use them.

    1. Re:Not all inclusive anymore by HongPong · · Score: 2

      They don't get any proper services included in their 1099 jobs so they depend on tips to have any hope of coming up with medical expenses or auto loan payments. No free ride.

    2. Re:Not all inclusive anymore by twotacocombo · · Score: 3, Insightful

      Tips are, and have always been, optional. Nobody says you have to tip anybody. That being said, the first time I ever used Uber, nowhere did it say you couldn't tip through the app, and I assumed there would be a place to do so after the ride. Apparently not. Had I known, I would have given the driver a cash tip because he was great. I'm glad they've agreed to make this more clear. It only cost the driver a couple bucks that trip, but a couple bucks here and there starts to add up.

    3. Re:Not all inclusive anymore by Anonymous Coward · · Score: 0

      If they don't make enough in their 1099 jobs to pay for these things they should find other work, if enough drivers leave then rate will go up and supply and demand will create a living wage. Don't ever complain about not getting paid enough for a job unless you are willing to leave.

    4. Re:Not all inclusive anymore by Anonymous Coward · · Score: 0

      They don't get any proper services included in their 1099 jobs so they depend on tips to have any hope of coming up with medical expenses or auto loan payments.

      TMI. word-salad. not my problem.

      If you want to specify a problem clearly, like "a living wage is not guaranteed," or "spend-thrifts are not guaranteed the basic tools of survival, making life unnecessarily precarious at the long tail," and devise a sane political solution to it, I'm with you. "Let's have tipping!" is a bad-idea-bears answer to a "problem" you haven't specified.

      No free ride.

      What does this mean? Does it even mean anything? Is it some mantra of serfdom that guides how you think about your disempowered life? I feel you, sorta, but in Internets discussion we promote the fantasy that we're all responsible social agitators, in control of our future, even though it might not be true for most of us. Also, this is a website for nerds, so please speak in sentences.

  11. Uber skips 1099 rules & W2 insurance requireme by HongPong · · Score: 5, Insightful

    Yes US labor law is out of date. It is demented for health insurance to be linked to jobs. Only W2 jobs cover this. 1099 employers are not supposed to be able to dictate how people do their jobs (including if they pick up fares or not). Taxicab companies have to cover all the expenses of W2 while Uber ducks this by trying to stick them as 1099s. Uber is "transportation slavery" as a driver put it to me, who much prefers working with less exploitative ride services. They have "socialized risk" while privatizing profit. All the Uber drivers in a region should be able to strike, if they are a bargaining unit in some polygon that will be the only way they can get leverage. Working at the precariat level of the economy is a horrible experience and it can't continue. So many tech companies blow out existing players by undercutting as loss leaders, then turn it into a monopoly, then hike the prices. Walmart and Amazon have done the same thing. It is sick that no one in this realm is capable of working on healthy commercial ecosystems, it's either precariat oppression monopolies or bust.

  12. Stop Gap by 0100010001010011 · · Score: 4, Interesting

    Uber's long game isn't dealing with drivers ever. They poached a lot of CMU's robotics department. They've pre-ordered self driving Teslas.

    The sooner they can get rid of the Drivers the happier they'll be. Right now they're just collecting data for where and where to do the routes. I wouldn't be shocked if they're buying up property for parking garages / charging stations along highly traveled routes.

    1. Re:Stop Gap by Anonymous Coward · · Score: 0

      Except who is going to trust a company unwilling to take care of people... what, they're going to take care of the cars any better? hah

    2. Re:Stop Gap by fluffernutter · · Score: 1

      They'll take care of the cars until the taxi industry is completely obliterated and then they will stop.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
    3. Re: Stop Gap by Anonymous Coward · · Score: 0

      This. When I tell an Uber driver I work in tech they sometimes ask for industry predictions. The first awkward thought through my head is "well, Uber, Google, Apple, and eveyone else are going to do their best to put you out of work." If they play their cards right Uber won't even need to buy parking garages - they can pretty much run the cars non stop.

  13. Great! by Anonymous Coward · · Score: 1

    I'm sure making it harder to remove drivers from the service for bad behavior, stop penalizing them for dropping rides, and letting them harass passengers for tips will be a big help to the Uber experience.

  14. nice dreaming their uber representative by Anonymous Coward · · Score: 5, Insightful

    yes, when a company purposely violates worker rights and safety laws...*gasp*.. they have problems with the law... shocking.

    1. Re:nice dreaming their uber representative by Anonymous Coward · · Score: 0

      Worker?

  15. damn loafer-wearing nancies... by Thud457 · · Score: 1

    A suit?!
    I bet that shitweasel wears shoes.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    1. Re:damn loafer-wearing nancies... by sexconker · · Score: 2

      Clown shoes, maybe.
      I'd question valuing Uber at 62.5 million.

  16. $62.5 billion!? by Anonymous Coward · · Score: 1

    There's nearly no barrier to entry and plenty of competitors with more money, better technology, and a reputable brand name.

    This company is garbage and won't be around in year 2020.

  17. That's $85M..."before attorneys fees" by xxxJonBoyxxx · · Score: 1

    The $100M is conditional and depends on stock market valuation. And the $85M guaranteed is "before attorneys fees". Frankly, I'm a little surprised that Uber drivers might get ANY cash: class actions often end up as "$$ million for the attorneys, $$ thousand for the lead plaintiffs and coupons for everyone else." But I suppose offering Uber coupons to Uber drivers would just add insult to injury here.

    1. Re:That's $85M..."before attorneys fees" by Talderas · · Score: 1

      Even if the full $84M sum was pair to the drivers equally it would be $218.18 per driver and that is going to be taxed since it's not resulting from a personal physical injury.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
  18. Bad tippers will be ranked as poor passengers by Anonymous Coward · · Score: 1

    Either the customers accept the strong-arm of the drivers vis-a-vis tips, or they stop being customers since drivers won't pick them up.

  19. Re:Uber skips 1099 rules & W2 insurance requir by Anonymous Coward · · Score: 0

    The value of the skill of the programmers and VCs isn't greater than the value of the actual service providers. Quality will suffer unless Uber is unionized.

  20. I don't really find Uber very disruptive by rsilvergun · · Score: 2

    to their industry. The Taxi cab companies already treat their employees like shit. Uber brought some of that out in the open, but it's not like they're changing anything. What Uber is disrupting is the Job Creator narrative. That a job, any job, is always in a person's best interest. Any fool can see the trap Uber's laying out for their drivers, customers and society at large. They're talking the cost of running a business and putting it off onto someone else. Insurance costs and the cost of paying for damage done will go to the driver and then to society at large when the under paid and under insured driver can't make good. Health Care costs will be born by the tax payer too. Or those costs will fall to the injured passenger. Vehicle maintenance, long term planing, etc all falls on the driver.

    See, in America like a lot of places you're told that if you're loyal and hard working the company will take care of you. Uber is disrupting that narrative. There's a chance (however small) that people at large will realize the narrative is bullshit. If that happens we'll see socialism take root in America. Then again Uber might have their self driving cars before all that happens. We'll see.

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    1. Re:I don't really find Uber very disruptive by ScentCone · · Score: 1

      You're just making stuff up. Nobody decides to be a cab driver because of some phony narrative that you're saying a cab company is telling them. Everybody involved is crystal clear on what it means to own a cab company, and work for one. Nobody is forced to work for one. Or forced to use what Uber is offering to do some of that work on the fly when it suits somebody to do so.

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    2. Re: I don't really find Uber very disruptive by Anonymous Coward · · Score: 0

      yes, American! companies can treat you like shit because f,you...Freedom!

  21. Tips turn it into a regular old taxi by ugen · · Score: 2

    The reason I like Uber is that transaction is predictable, "off line" and does not require complicated social ritual of tipping. If Uber drivers begin to expect tips, we are left with a regular taxi service, except that cars are smaller and not standardized. In which case, personally, I'll opt for a taxi again.

    1. Re:Tips turn it into a regular old taxi by Actually,+I+do+RTFA · · Score: 1

      Umm... Uber tacks on a 20% tip to every journey. I guess you missed that.

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    2. Re:Tips turn it into a regular old taxi by crashumbc · · Score: 1

      Or maybe it changed... I just checked my last 3 trips... no tip was added in...

      I could of swore it added tip but it doesn't look like it.

    3. Re:Tips turn it into a regular old taxi by ugen · · Score: 1

      No tips on any of my Uber trips. I think tip is added in locations where Uber actually calls a taxi through their uberTAXI service.

      In any case, if "tip" is a fixed predefined amount that does not require haggling, then it's simply a cost of a trip and I wouldn't care. It's not the price (I can count) - it's the process of having to pay an unknown amount more, and doing so outside the clear and well defined channel of "meter->display amount->charge CC".

    4. Re:Tips turn it into a regular old taxi by dbIII · · Score: 1

      and does not require complicated social ritual of tipping

      The best way to deal with that is have a society that doesn't need the complicated social ritual of tipping and the reliance on the charity of strangers for people who actually have a job to have enough money to live on.
      The USA never completely got over slavery, and waitresses willing to put up with sexual harrassment in the hope of getting tips a symptom.

    5. Re:Tips turn it into a regular old taxi by Actually,+I+do+RTFA · · Score: 1

      Tips, pretty much by definition, do not require haggilng. Simply choose a number (10,15 or 20%) and add that to the fare. If you choose a low number, it's customary to then round up to the next dollar.

      It's pretty much deterministic.

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  22. Re:Uber skips 1099 rules & W2 insurance requir by slew · · Score: 2

    I wonder, if Facebook's new "paid users" plan could be considered making them "employees" using this rationale.
    A slippery slope indeed...

  23. Smaller companies can't survive by rsilvergun · · Score: 1

    because they get put out of business the moment the local labor board points out that Uber drivers are employees in all ways and means. There's been several "It's Uber for...X!" companies that have failed. Uber has deep pockets from investor backing that allow them to keep appealing the rulings. Their plan is pretty obvious to keep appealing until self driving cars are a reality.

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  24. Uber has multiple personality disorder by 140Mandak262Jamuna · · Score: 2
    It claims it is not a taxi company but merely a software platform. It also claims its drivers are independent contractors. If they are independent contractors then surge pricing, where all the independent contractors quote the same price for the service amounts to price fixing and collusion. As the enabler of this collusion Uber becomes an aider and abettor to the collusion.

    So Uber could make their drivers franchisers. Franchisers are not allowed to set their own price, they have to kow-tow to corporate policy strictly. Thus Uber can dodge collusion charge. But franchisers have lots of rights too against the corporation, for example when someone buys a Subway franchise they get exclusive rights in an area and prevent corporation from setting up another franchise too close. So Uber drivers, as franchisers, would be able to limit the number of cars that are allowed in a market or in an area. So Uber might not like to give the drivers franchise rights.

    I don't see how Uber can deny the drivers both employee rights and franchisers right and have the ability to price gouge during demand spikes.

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    1. Re:Uber has multiple personality disorder by Anonymous Coward · · Score: 0

      Isn't it so much easier to just call a cab?

  25. It's more complicated than that by rsilvergun · · Score: 1

    as such things usually are. It's not about deciding to be a cab driver. It's about accepting the low pay and complete lack of any financial stability. I forget who but some economist called it a 'fragile' existence. 66% of Americans live paycheck to paycheck. Meaning they're 1 check away from homelessness. You would think they'd be marching in the streets demanding change. They're not. Another phrase comes to mind: Quiet desperation.

    See, if you're gonna live like that you need something to keep you going. Something to let you ignore just how terrifyingly precarious your entire life is. Stupidity only goes so far. Logic won't get you out of that. If you start thinking logically you'll demand better condition. That's where the Job Creator narrative (among others) comes in. You can't sustain your blind faith in capitalism (not shared by the capitalists, who rely heavily on the gov't to bail them out every 10-15 years when they tank the economy with their gambling) without a powerful narrative that shifts your self image away from the reality of your one-major-expense-away-from-disaster life and to one of an upper middle class working man who's just a little down on his luck. I'm sure you know the Steinbeck (or was it Wright?) quote I'm hinting at .

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  26. Not having to worry about tips made it great. by BlueCoder · · Score: 1

    Uber needs to change their app to accommodate for all this. Maybe some sort of automatic bidding. I don't want to have to worry about carrying money. Maybe if you tip more by default they can get to you faster or maybe some drivers just demand higher rates like say for better cars or cargo capacity.

    I order a known service for a certain price and you deliver at that price. How are you going to go above and beyond to provide a better experience? I don't want to haggle afterwards. My tip is that I don't rate you down. If your not making enough money then don't do the gig.

    Having social tipping is only going to drive your standard rate lower and make the whole experience less convenient with me fiddling in my pocket for physical money. Anyone asking for a cash tip will be rated down. And I currently do tip sometimes. I having no problem tipping except when it is the standard. Tipping should only be when someone goes above and beyond the standard everyone else provides. Anything else will lower your base pay.

    Standard tips are only going to lower your base pay and make it more complicated for you too. The whole thing is going to be less convenient which means fewer customers taking fewer rides.

  27. Re:Uber skips 1099 rules & W2 insurance requir by NicBenjamin · · Score: 1

    Nope.

    Facebook actually has no control over who gets what money, who posts what, etc. They will issue a 1099K to anyone who gets a "tip" from another Facebook user, not the 1099-MISC Uber drivers get.

    OTOH Uber used to control which rides a driver could actually do through it's app, insist that they take them all via deactivation threat, etc.

  28. How will they make it up? by Anonymous Coward · · Score: 0

    Volume!

  29. They are price fixing by Anonymous Coward · · Score: 0

    If their drivers are independent companies, then they are price fixing. It would be fine if they were employees. But how can they get away with telling all these completely independent companies how much to charge? That is totally price fixing.