Uber Banned in Germany and France, and Faces Lawsuits in Multiple States (nbcnews.com)
An anonymous reader writes that Uber "has suffered double-losses in Europe, as both France and Germany continue to reject the company's validity in their regions." Meanwhile, a Boston Uber driver filed a federal lawsuit on Thursday accusing Uber of illegally classifying drivers as independent contractors to avoid providing full employee benefits. An Indianapolis driver has filed a similar suit, which also complains that Uber won't let them accept tips, and keeps any tips that customer's pay them through Uber's app. And remember when Uber and Lyft left Austin after losing a local election which would've required all their drivers to be fingerprinted? Now two lawsuits charge the companies were required to give 60 days notice to all their employees, and is demanding back pay and benefits.
But an anonymous reader quotes this column from the Los Angeles Times arguing that a federal judge's ultimate question is just "how sleazy" Uber really is. We're familiar with the Uber that talked about responding to bad publicity by digging up dirt on reporters following the company. Also the Uber that allegedly stalked passengers using its service, following their travel routes for the amusement of its party-goers... What about the Uber that secretly investigated a lawyer representing an adversary in a lawsuit, and then lied about it? That's the Uber that Federal Judge Jed S. Rakoff of New York wants to hear a lot more about. On Thursday he ordered Uber to turn over to the other side a pile of documents related to the investigation.
Slashdot reader chasm22 points out that the high-powered investigator hired by Uber is apparently a retired senior CIA officer -- a former chief strategy officer, chief of cyberthreat analysis and chief of counterintelligence.
But an anonymous reader quotes this column from the Los Angeles Times arguing that a federal judge's ultimate question is just "how sleazy" Uber really is. We're familiar with the Uber that talked about responding to bad publicity by digging up dirt on reporters following the company. Also the Uber that allegedly stalked passengers using its service, following their travel routes for the amusement of its party-goers... What about the Uber that secretly investigated a lawyer representing an adversary in a lawsuit, and then lied about it? That's the Uber that Federal Judge Jed S. Rakoff of New York wants to hear a lot more about. On Thursday he ordered Uber to turn over to the other side a pile of documents related to the investigation.
Slashdot reader chasm22 points out that the high-powered investigator hired by Uber is apparently a retired senior CIA officer -- a former chief strategy officer, chief of cyberthreat analysis and chief of counterintelligence.
He gets to work whenever he wants to, for as long (or as short) as he wants to, and yet he'd rather be classed as a wage slave...
I'm curious as to whether he'll still want to work for Uber if they actually treat him as an employee - regular hours, layoffs, that sort of thing....
"I do not agree with what you say, but I will defend to the death your right to say it"
Keep the status quo. It is good. Politicians need the bribe money from the taxi cab owners.
The problem with capitalism is that a company can be successful even if it's bad for everyone.
Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
Didn't slashdot used to love uber?
The hell with capitalism it only brings greater and greater misery to the people! The hell with the bosses and their governments and their wars! Long live Lenin and Trotsky!
Yes commrade, after Ubergate the mechanisms of the state will melt aways and we will all become Uber comrades. Everyone will be required to drive and to be a passenger.
Some drink at the fountain of knowledge. Others just gargle.
I'm curious. What thing that the customer owns gives tips?
At the bottom of the
rules about employees / 1099's need to reworked.
The thing is uber clams there works are 1099's but uber sets the prices can kick people off for not taking X # of open calls / etc. Ban's tips.
Others have really pushed the limes of 1099's like fedex, handy, cable co's, and others.
If I want to pay my neighbor a few bucks to drive me to the store, that is my right, and his. I don't see why government has any authority over private agreements like this.
Every time Uber enters a city, they hold a party. At this event they had a big screen with a map of the city, along with where all the cabs were and where customers were each marked by little icons. At this event the names of all the customers were there for everyone else to see.
http://www.forbes.com/sites/kashmirhill/2014/10/03/god-view-uber-allegedly-stalked-users-for-party-goers-viewing-pleasure/#3ddb18803f84
Reading TFA on the indianna contractor who sued the basis of his suit is that
1) Uber requires him to bring and maintain his own tools
2) expects him to work a certain number of contracted hours.
As far as I know that's exactly the dividing line between contractor and employee. According to the IRS If you hire a maid, then it's an employee if the employer supplies the tools and otherwise its could be claimed to be a contractor.
Now the part about Tips is intriguing. I wonder why drivers don't tell their passengers that. Thus I'm skeptical.
Some drink at the fountain of knowledge. Others just gargle.
This is such a great news for all the little Statists out there: a multi-billion corporation (spit!) loses to the government officials seeking to retain control of transportation — as well as the massive fees collected from and the influence over those already "in" the system.
Is not it great, when a poor little Joe Shmoe can file a federal lawsuit against such a multi-billion dollar corporation on his own? Is this news not the right answer to the folks lamenting needing millions of dollars to legally fight such an opponent?
That a distinction even exists — allowing the enforcers from the Executive branch to make life hell for business-owners without even bothering with the Judiciary — is itself a major achievement for the Statism.
Of course, they only begin to complain about "overly strong government", when the wrong guy is about to take the reins. When it is their man, they wish he was a dictator — to do "more good quicker".
There is that... Shortly after Uber hired David Plouffe (the guy instrumental to putting Obama into office), I started getting spam from the company. E-mails asking me, whether I know, how "Uber helps minority drivers" or "how Uber helps the environment". That really was as sleazy a Democratic campaigns get, but the above-mentioned Statists usually lap this sort of thing up — even if the spam campaign misfired in my case and I know begin searching for a ride with Lyft.
In Soviet Washington the swamp drains you.
Uber is a cab service. So either we cancel all cab services laws, or Uber complies to them. Having two different rules for similar services, just because one happens to be using a smartphone application and is billing from a foreign country is not a valid reason to have two systems.
They might not even last until the election before they run off with all that 'valuation' cash.
“He’s not deformed, he’s just drunk!”
Also the Uber that allegedly stalked passengers using its service, following their travel routes for the amusement of its party-goers...
This sentence doesn't even make sense!!!!!!
this may be true in the state, but in Germany everybody can be a taxi driver. All you need is 1) a taxi driver license (it is different exams to the normal one) anybody can take the exams, 2) an insurance on the car which makes it a commercial car 3) if you do pay per kilometer a counter which is verified to be working and properly counting kilometer/seconds of wait by a german institution ("geeicht" - calibration) and 4) no prison sentence for certain crime IIRC.
That is it. there is no medaillon no other artificial limitation by existing companies and . In fact one of the driver which I used to take (before he switched of job) was a normal person which had a normal car, and just a official distance table (he had no counter).
Basically Uber does not want to respect those minimal alws NONE of which are to protect local non-existant monopoly, all of which are to protect the consumers. But Uber feel it is "über alles" (pun intended) and now Germany told him "get out". Look possibly your taxi are bad in the state, but in Germany I have only very good one, since everybody can go into the business, those who don't do a good job simply get less and less fares.
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Uber is a marketplace provider. If a farmer's market rented a stall to a farmer who would only let 1/5 people buy from him, and they kicked him out because he was giving the market a bad reputation, does that make him an employee?
Uber is not banned in France, and it most probably won't be. Uber was fined because of UberPop, a service that connected "drivers" with no training and no business license with customers. UberPop was illegal from the get go, I have no idea what went through the mind of the executives in charge when they launched this service. The regular Uber service (with professionnal drivers) works just fine.
Nobox: Only simple products.
If Trotsky were alive today, he would be driving an Uber in South America.
If the farmers market was dictating at what price the farmer could sell his cabbages... Yes ;)
I never used an Uber before, but from what I heard, here is my opinion.
Maybe they tread too close to the employer/employee line. They should probably...
Allow tips through the app if they truly don't.
Allow any vehicle to be used, not just black ones or however it is now. With the make and model listed in the app along with a picture. Perhaps license plate numbers to help identify.
Don't kick drivers off for bad ratings. Allow people to choose a driver based on said ratings, even if it's a one star.
Allow weighted ratings, so those riders who give out low ratings... would have a smaller weight.
There's also the whole taxi licensing thing too, which I think could be solved by creating a new law making it so that under $2k/year would be hobbist activity, not commercial. There's also that issue with auto-insurance.
Yes it's this arbitrage around the law that is exactly the issue. it shows up in other ways. The pure Food and drink act, pharmaceutical quality, and other protections are circumvented when vendors outside the country can mail their products into the country.
Aliexpress and Ebay would lose a lot of sellers if there were a way to enforce the accurate marking of Customs duties on the outside of the millions of e-packet shipments from china direct to consumers.
It's a puzzle whether one should give up enforcing anything, say it's broken by the disruption of the internet, or crack down.
Uber is an interesting case mainly because it is possible to crackdown.
The contrary argument is a more subtle one. Many markets are strangled by regulations. Take in point google's entry into the underworld of payday lending. What' their first move? to push for legislation to regulate payday lending, and to ban payday lending ads on their own site. Megacorps actually love expensive regulations because it creates barriers to market entry that can only be solved by sheer size of operations to ammortize the administration costs. The taxi cab companies thus have an entrenched position created by the regulations they must obey.
Yet taken individually those regs protect consumers. Yet what they protect against may be an edge case. e.g. background checks may not really be effective or necessary for nearly every driver. On the otherhand they probably do weed out a very tiny number of people who shouldn't be entrusted with passenger safety.
Then there's the grey transition zone between carpooling, hitchhiking, and uber. That probably can be figured out with a brightline formula to make this less gray. But until that happens Uber has a wedge and an appeal to personal enterpirse and sticking it to the large entrenched companies, and the city-renenue machines of taxi taxes.
Some drink at the fountain of knowledge. Others just gargle.
I just don't get it. What is the fascination with Uber by Slashdot and other tech sites? It's just another form of taxi service, except the drivers are more like independent contractors rather than employees of a company, right? Why this company continues to draw such intense scrutiny from the press is baffling to me. I must be missing something obvious that accounts for the high level tech interest here though I haven't the faintest idea what it could be.
When did Trotsky work an honest job?
They deserve to die. I am happy to use other ride-share services, and I used some long before there was Uber. But I won't give Uber any of my business.
rules about employees / 1099's need to reworked.
Some policy wonks believe that the solution is to create additional categories of workers. So instead of just "W-2 employee" and "1099 contractor" we would have a third category for people that are not quite independent contractors, but not really employees either. They would then have some of the benefits of employees, but some of the flexibility of contractors. People working for Uber, Lyft, Task Rabbit, Fivver, Mechanical Turk, etc. might fall into this category.
Who sets the price is one of the least important aspects of determining who is a contractor or employee. Contractors rarely get to arbitrarily set their own prices. Sure they can ask whatever they want but once they decide to take a contract they have to agree to the terms and conditions of the person who they are contracted with and that will usually involve the price of the good or service they provide.
Often at places like farmers markets or sporting events the price of the sold good is at least partially set by the venue since they often receive a percentage of profits as part of the lease agreement and they also don't want to have uneven pricing across individual stalls. That doesn't necessarily make the workers at the individual stalls employees of the venue.
In the case of Uber the drivers could say they will not work unless Uber ups their rate or gives them a larger share but once they accept Uber's offer then they are bound by Ubers rules, which includes pricing structure, for as long as they decide to accept ride requests from the app.
The actual rules for determining contractor vs. employee are very gray. There are about a dozen or more conditions that are looked at and almost every job will meet conditions that would define their position as both a contractor and employee. There is no clearly defined line as to how many conditions have to be met to be one or the other which is why the courts get involved.
Of course that's just my opinion...... you could be wrong!
Yes, if the Farmer Market also dictates the prices, defines the products to be sold and the Terms of Service.
your entire quality of life is based on your job. You're access to housing, health care, education, food. Everything. We've built up a complicated and messy social contract where if you kill yourself for a business they're suppose to take care of you. Uber completely breaks what little truth there was in that. Worse, the drivers after accounting for their low pay and mileage write offs often end up with effectively zero income for tax and welfare purposes. So like Walmart (but more so) the tax payer ends up covering the bill to keep them working. Food stamps (in the more liberal States), free or heavily subsidized health and child care. Uber becomes the biggest welfare recipient in the world. I suspect it's much, much more worse in Europe where the social safety net is much more robust.
Uber is either a race to the bottom, a huge subsidy for the 1% or both. Either way it should be stamped out. There's nothing good here.
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It has no future because of self driving cars AND a car is a dangerous vehicle. It won't take long for opportunistic slackers who become Uber drivers to screw up and for Uber to wind up with trickle down law suits.
Not regulating people who wield as much deadly force as a car is a bad business strategy. It's a viable small business because of the limited total liability. If Joe Nobody runs over a child ferrying people to work.. well that's his problem and the total losses can probably die with him.
Uber can't ask for the level of revenue they do and then pretend that they are not responsible for hooking people up with untested drivers. It's a viable business model, but it's still a stupid one, it's just better than the existing business model which was to rip off consumers as much as possible... existing taxis were a price fixing scam. Uber, by comparison, seems awesome, but in reality what we really want are taxi servers that are owned and managed locally and have that level incentive and liabilities to ensure they are hire good/safe drivers.
Trusting someone to drive you around inside a moving deadly weapon is really not something that should be left to a system with so little oversight. Instead local taxi services should just become more price competitive and someone should make a generic app for any taxi service to brand and use or just a simple webpage since that will run on any phone and cost the least as well as be the most future proofed and offer the long reigning standardized interface.
In the big picture self driving cars are going to be be huge and they will be everyone. Uber has a short window to skim money off this silly sub contractor limited liability scam they have going. Good for Germany and France to see through their opportunistic business model.
No it isnt. Uber is a taxi service trying to pretend that it isnt so that it doesnt have to abide by local laws.
If you want to make a comparative anolagy at least make sure youre not comparing apples to chrome vamdium ratchets.
How can Uber keep a tip if there's no functional way to tip within the app? I had thought that a recent settlement allowed for drivers to accept tips from outside the app along with charging the rider a specific dollar amount if the rider doesn't come to the car within two minutes. Methinks these drivers come to the uber platform with lawsuits in mind - facts be damned.
Uber sell taxi services - they are a taxi company. Full stop. They find the customer and they set the price. If it was a marketplace then there would be a negotiation involved.
But then you known that.
Uber has nothing to do with "competition", let alone a "free market". It deals in "unfair competition", in which it maintains a monopoly on apps and servers, appropriates inflated fees for their electronic service, and uses (underpaid pseudo-entrepreneur) part-timers as throw-away employees to actually drive (and drive out ordinary taxi companies and ordinary taxicab drivers).
The only thing Uber did was to find a regulated market, determine it could make money by an end-run around the regulations, and offer unregulated services by offloading most risks to their pseudo-entrepreneur drivers. In addition they use (apparently successfully) of dog-whistle PR techniques to sell their business model.
Oh, and they also have a standing policy to price-gouge the public as soon as there is any situation that leads to higher than normal demand. Free play of demand and supply they call it. Only ... all of it is hidden within their servers.
And they have a policy to threaten price-comparison sites with legal action (their "terms of service" forbid you to publish any price quotations they make you). They're only pro "free-market" if they stand to make money from it. Not if it brings genuine competition.
Why can we not let the marked solve this problem ? Cabs in my country could really benefit from some competition. Today there is poor vetting of the drivers , due to non existent reputation system or independent third party validation. The drivers rape left and right despite government laws and regulation. Many drivers are rude. All this due to non existent reputation system. The cost is really high, due to low productivity since they can sit many hours in waiting for customers (especially at the air ports). Uber would probably solve this by having a more dynamic allocation of drivers. How to order a taxi is old fashioned. No apps , have to call in to a operator. Several times the taxi has not properly registered my request.
The classic cab driver paradigm is dead. We needed cab drivers due to their knowledge of locations. We do not need this any more due to really good GPS.
The only reason it is still in operation is due to anti competitive laws that favour the classic model. Because cab driver organisations is well connected with the government.
If you want special service X, (e.g. counter in the car) why can you not choose the company that gives you that service? Why do you have to force that requirement on everyone else?
I'm continually confused why these people work for Uber and then complain about what its like to work for Uber.... So, don't work there? If Uber is misleading people in the terms of the relationship or contract, that is something to sue over. But if Uber clearly lays out the offer for for someone to drive, and they accept, then that's a valid contract. What Uber drivers are struggling with, really, is that the barrier to entry for a new Uber driver is low. Thus Uber has a large supply of potential drivers. Thus Uber doesn't have to be very generous in its terms to the drivers. Low-skill labor gets low reward, this is not new.
Come play Moral Decay!
Uber is a company that matches drivers with riders. The idea that consenting adults can't give each other rides for money without government permission, or one or the other person becoming an "employee", is absolutely ludicrous.
It is nice to see France and Germany courts standing by their opinions, after EU commission warned them against banning Uber.
It was obvious intimidation tactics by EU commission, and now the EU court of justice will have to settle the thing.
We just can't do anything anymore. Since when can a contract worker dictate that he must be an employee? Since when can a government tell a company it can't do business b/c it will hurt someone else's business? The capitalist system is about to collapse under it's own crony-ism.
Here in Florida we were about to get the first true high-speed rail, until Rick Scott, our King, unilaterally said "nope". And that was the end of that. Now his crony's are starting their own slow-speed rail (and lie calling it high-speed) that only runs from Miami to Fort Lauderdale to Orlando -- no stops in between. And it will cost major $$$$. Who does that serve? Pigs only.
:T:R:A:N:S:
Uber, "Okay okay. We'll make them all employees." ... a few years ... "Sorry, you're fired. We just automated your job."
The world has much bigger problems and the government is croning around with taxi companies.
:T:R:A:N:S:
Totally anti-progress, and anti-sharing economy protecting old fashioned business plans and State revenue streams. Take the assholes that did this apart.