Slashdot Mirror


Uber Drivers Are Independent Contractors, Not Employees, Judge Rules (reuters.com)

Uber drivers are independent contractors, not full-time employees of the ride-hailing company, a federal judge in Philadelphia ruled in what is said to be the first classification of Uber drivers under federal law. Reuters reports: U.S. District Judge Michael Baylson on Wednesday said San Francisco-based Uber does not exert enough control over drivers for its limo service, UberBLACK, to be considered their employer under the federal Fair Labor Standards Act. The drivers work when they want to and are free to nap, run personal errands, or smoke cigarettes in between rides, Baylson said. Jeremy Abay, a lawyer for the plaintiffs, said he would appeal the ruling to the Philadelphia-based 3rd U.S. Circuit Court of Appeals. The 3rd Circuit would be the first federal appeals court to consider whether Uber drivers are properly classified as independent contractors.

192 comments

  1. Think we're going to get a legal definition soon? by Anonymous Coward · · Score: 1

    I look forward to the legal wrangling over what constitutes being an employee of a business and what constitutes work-for-hire contracting. The future of the permanent underclass "gig economy" is at stake.

  2. Public school teachers by OrangeTide · · Score: 1

    Can they be switched to independent contractors too?

    Instead of ride-sharing we'd have class-sharing. Teachers bid on showing up to work that day, lowest bidder gets the classroom.

    Think of all the money we'd save in the short term, and a generation of shitty educated people we'd have in the long term. Shitty education makes for a reliable voter base with the right propaganda campaigns.

    --
    “Common sense is not so common.” — Voltaire
    1. Re:Public school teachers by thinkwaitfast · · Score: 2

      and a generation of shitty educated people we'd have in the long term

      As opposed to how it is now?

    2. Re:Public school teachers by Anonymous Coward · · Score: 0

      Will this increase our dependence on H1B workers? Will we still despise them, even if they are artificially boosting our economy?

    3. Re:Public school teachers by BlazeMiskulin · · Score: 1

      Can they be switched to independent contractors too?

      No.

      Because the schools (via collective bargaining with AFSCME) dictate working days, working hours, breaks, holidays, benefits, etc. They are also subject to state certification and licensing, and required to teach certain topics within their discipline. The teachers have zero choice in any of this (except through collective bargaining agreements).

    4. Re:Public school teachers by Anonymous Coward · · Score: 0

      So you're saying this would be better than what we have now, which is zero education and a high chance of being shot to death?

    5. Re:Public school teachers by DNS-and-BIND · · Score: 1

      So did you just come here to be angry and rant about a situation that came straight out of your imagination?

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    6. Re:Public school teachers by whoever57 · · Score: 1

      I have two words for you:

      Poe's Law.

      --
      The real "Libtards" are the Libertarians!
    7. Re:Public school teachers by ShanghaiBill · · Score: 4, Insightful

      a high chance of being shot to death?

      Schools are very safe. A child in America is far more likely to be shot at home. If you have been led to believe otherwise, you should reexamine your news sources.

    8. Re:Public school teachers by drinkypoo · · Score: 1

      As opposed to how it is now?

      It's bad, but don't imagine it can't get worse

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    9. Re:Public school teachers by OrangeTide · · Score: 1

      They are also subject to state certification and licensing, and required to teach certain topics within their discipline.

      This sounds like a job for Betsy DeVos, United States Secretary of Education. All we need is for an exemption for character schools to have to deal with public servant unions, which kind of makes sense when a character school is a business and not a public services.

      W.R.T. Poe's Law - I hope I'm wrong about everything.

      --
      “Common sense is not so common.” — Voltaire
    10. Re:Public school teachers by OrangeTide · · Score: 2

      Gun deaths, including suicides and outside of schools is about 11 per 100,000 people.
      Death from diabetes is about 21 per 100,000 people.

      Perhaps we should worry more about the lunches and snack machines than the guns. (obviously fix both, but priorities matter before we get hysterical)

      --
      “Common sense is not so common.” — Voltaire
    11. Re:Public school teachers by Hognoxious · · Score: 1

      It's bad, but don't imagine it can't get worse

      Shouldn't that be in the gmail makeover thread?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    12. Re:Public school teachers by lgw · · Score: 1

      Depends on the school. The high school I went to had a shooting every year (and it wasn't the most dangerous school in town). Didn't make the news, of course, as that was merely expected.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    13. Re:Public school teachers by Hognoxious · · Score: 1

      Well you're certainly wrong about how to spell "charter". Unless you're referring to establishments that imbue their students with determination, fortitude and stoicism.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    14. Re:Public school teachers by dpiven · · Score: 1

      Or establishments that graduate students who talk like Porky Pig.

    15. Re:Public school teachers by iamhassi · · Score: 1

      But then teachers could pick what times to work and what days to work like Uber drivers do. I don't how that would work, you'd need a giant pool of teachers and even then you'd end up picking the teachers that will be there during school hours so the end result would be the same as employees.

      --
      my karma will be here long after I'm gone
    16. Re:Public school teachers by hazardPPP · · Score: 1

      a high chance of being shot to death?

      Schools are very safe. A child in America is far more likely to be shot at home. If you have been led to believe otherwise, you should reexamine your news sources.

      This is one of those "more people die from slipping in bathtubs than in terrorist attacks" type of arguments.

      Mass shooters are not going to go to people's homes, because they want to kill a lot of people at once. Go into a home, maybe you can kill five people at once if they all happen to be there. Hence they target places with lots of people - like schools.

      People's homes also generally much less frequented places. The number of people that go in and out daily are usually in the single digits. Meanwhile, a school is a public place with hundreds or thousands of people coming in and out and moving about daily. Much easier for a shooter to slip in there and cause havoc.

      Finally, parents have total control over whether their children will be accidentally shot at home. Remove all guns from the home (or have none in the first place), and the probability of the child getting accidentally shot at home by a parent's gun decreases to exactly 0%. Parents have much less control over whether their children will be shot in a public place, like a school.

      Schools in America are definitely NOT "very safe". If there is a school shooting like every other week, they are not safe. Period. Sure, some schools, somewhere, can be said to be. However this cannot be generalized to "schools" in general. Similarly. "but it's only 0,01% of schools that have seen shootings" is not an argument. There are comparable countries where the rate is much much lower, or zero. America has a problem with maniacs that shoot up schools. That's a fact. Why, how, I don't know. What's the solution? I don't know. However, it's a problem. A big one. It cannot be waved away by simple and misleading statistics.

    17. Re:Public school teachers by Anonymous Coward · · Score: 0

      I got shot 7 times while I was in schooling. Toughen up. Sounds like you didn't get enough bullets as a child.

    18. Re:Public school teachers by Anonymous Coward · · Score: 0

      Skool is were them smartass little kids get thar larnin an get all hoity toity. Their not like us nomral people who spit n pick there nose.

    19. Re:Public school teachers by Anonymous Coward · · Score: 0

      Typical democrat public school graduate that can't even be bothered to get the word CHARTER correct.

    20. Re:Public school teachers by Anonymous Coward · · Score: 0

      Just because there is a yearly shooting at school does not mean you were more likely to get shot at school than at home. Of course at an individual level it might be so if you didn't have any guns at home- but you may also be the exception to the rule if your community was in high crime area. Which much of this is created by government.

    21. Re:Public school teachers by Anonymous Coward · · Score: 0

      However this cannot be generalized to "schools" in general. Similarly. "but it's only 0,01% of schools that have seen shootings" is not an argument. There are comparable countries where the rate is much much lower, or zero. America has a problem with maniacs that shoot up schools. That's a fact. Why, how, I don't know. What's the solution? I don't know. However, it's a problem. A big one. It cannot be waved away by simple and misleading statistics.

      I don't understand why are you complicating the school shootings matter. It's simple really. There are only two components on school shootings: person/perpetrator, and gun. Perpetrator on most cases involved in school shooting because of bullying or psychological. And the second component, well it's gun.

      I'm under the impression that the US don't want to deal with the problems, and instead look the other way.

      My country and many other countries don't have this problems, we have zero school shooting case.

    22. Re:Public school teachers by david_thornley · · Score: 1

      It varies a lot. There are lots of public school systems in the country, each typically has a lot of semi-independent districts, and districts generally have better and worse schools. My son got an excellent education in the public school system. There are schools you can go through and learn nothing.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    23. Re:Public school teachers by Anonymous Coward · · Score: 0

      We need tougher blood sugar control RIGHT NOW.

      The sad part is that we really do, and some people are instead so caught up in a ridiculous second amendment debate, completely oblivious to issues that actually matter.

      Anyway, it's a simple fix. Eat fewer carbs, with a focus on eating less sugar, and you might not need that insulin at all any more. It's a bit of an oversimplification, but only a bit.

    24. Re:Public school teachers by OrangeTide · · Score: 1

      conceptually simple. but fighting millions of years of evolution with will alone is not to be underestimated.

      --
      “Common sense is not so common.” — Voltaire
  3. What Will the IRS Say? by Anonymous Coward · · Score: 2, Insightful

    The IRS has a complex definition of who is an employee vs who is an independent contractor. There is a form SS-8 - Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding with 47 detailed questions to determine precisely what the status of a worker is. This is important for tax purposes because the IRS expects the Social Security and Medicare taxes to be paid, at least in part, by the employer or else be paid by the independent contractor under the self employment rules. What if the court says that they're not employees but the IRS argues that they are and that Uber owes them back taxes?

    1. Re:What Will the IRS Say? by mrbester · · Score: 2

      Then I'll be settling back with an extra large tub of tax-deductible popcorn to enjoy the show.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    2. Re:What Will the IRS Say? by Anonymous Coward · · Score: 0

      There's this whole government branch thing that comes into play. The judicial branch (that would be the judge) makes rulings like the one they're talking about in this article, and that has an effect on how arms of the executive branch (the IRS would fall under that umbrella) operate. A judge has (yet again) ruled that they're independent contractors.

  4. hah, only in the US by Anonymous Coward · · Score: 0

    Other countries with actual worker rights have been classifying them as regular employees for a taxi service....

    1. Re:hah, only in the US by arbiter1 · · Score: 1

      There is a difference, a taxi service those are drivers that have a set hours and days a week they work. Where as Uber drivers can pick when they too an extent that is what a contractor has as well, they have set day to get a job done but they have choice what days they do the job and how many hours they work.

    2. Re:hah, only in the US by lgw · · Score: 1

      Other countries with actual worker rights have been classifying them as regular employees for a taxi service....

      This is UberBLACK, which is most definitely not a taxi service, since it's a limo service.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    3. Re:hah, only in the US by Anonymous Coward · · Score: 0

      Flexible hours doesn't make someone a contract worker.

    4. Re:hah, only in the US by tehcyder · · Score: 1

      Other countries with actual worker rights have been classifying them as regular employees for a taxi service....

      This is UberBLACK, which is most definitely not a taxi service, since it's a limo service.

      Is there any difference between a taxi service and a limo service, apart from the fact that limos are bigger and more expensive?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    5. Re: hah, only in the US by Type44Q · · Score: 1

      Yes, different regulations. Taxis are allowed to respond to curbside hails, use a meter, etc. In most locales, limos/livery cars aren't allowed to do either.

    6. Re:hah, only in the US by Green+Mountain+Bot · · Score: 1

      The livery.

    7. Re:hah, only in the US by lgw · · Score: 1

      Yes, they're regulated differently almost everywhere. Note that limo services mostly provide "towncars" (used to be actual Lincoln towncars, but Lincoln stopped making them, so any long wheelbase sedan these days). A limo service is not allowed to be hailed from the street, and importantly is not allowed to pick up from the airport without prior arrangements (they can't use the taxi stand). You can only get a limo by calling their dispatch, not by waving one down.

      Limo services also can't use meters - in most places they have to tell you the price up front.

      There are legally and practically distinct kinds of hired cars. Don't call everything a taxi service just because that's the one you know. Taxis are different from limos are different from fixed-rout shuttle buses (airport shuttle buses that can take you home are technically limos) are different from chauffeurs are different from city-run ride sharing services. Uber's main service should really be it's own kind of hired car, but UberBLACK is completely a limo service.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  5. Re:Think we're going to get a legal definition soo by alvinrod · · Score: 4, Insightful

    It doesn't matter if Uber ultimately loses. They'll just make the minimum necessary changes so that they no longer have any employees. It's similar to how after the ACA was passed, some people suddenly found themselves working 29 hours per week because their employers didn't want full time employees and the additional requirements that entailed.

    If you want to ensure that gig economy workers have the best wages and conditions, make sure that there are a large number of gig economy service providers competing with each other.

  6. perspective by rmdingler · · Score: 1, Insightful

    Let's say you didn't get the head start (college education) a modestly wealthy family could've afforded you... let's say over and above the hours the wages the job you are qualified to do provides, you can taxi the more fortunate to their destination in order to make your bills more closely resemble your income.

    Are you hoping for government regulation that diminishes your ability to work yourself and your family into solvency and regular groceries?

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

    1. Re:perspective by fluffernutter · · Score: 1

      I'm hoping for a government that gives a shit about it's citizens' well being and doesn't stand for an economy where people are desperate they need an Uber job to stay afloat. There is a certain form of slavery that pays the slave just enough to keep going, but not enough to have independence. It felt like a possibility during the Obama administration but now I think America is just fucked.

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

      Government is always corrupt, democratic or not, and political corruption always exists, with an edge toward those who can afford to purchase influence.

      A government that gives a shit about it's citizens' well being may well be a Utopian goal not practically available to many, especially those for which $45 a week extra for groceries and medicine is a life changing income difference.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    3. Re:perspective by youngone · · Score: 1
      There is a comment above that ends:

      The future of the permanent underclass "gig economy" is at stake

      My first thought was that the future has already been decided. The Republicans were desperate to appoint as many federal judges as they could, and these are the sorts of rulings they love making.
      It's a weird way to run a country, but it looks like you're stuck with it.

    4. Re:perspective by DNS-and-BIND · · Score: 1

      So, now that America is fucked, where will you be headed? You obviously can't participate in such a vile country. France? Canada? If you're a leftist you'll want to go to a country that shares your political views, like Bolivia, Venezuela, or Cuba. Wherever you end up, it will be better than shitty old slavery America. Good luck and bon voyage!

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    5. Re:perspective by fluffernutter · · Score: 1

      Oh I'm where I need to be, but thanks for your concern.

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

      ... diminishes your ability ...

      No, they're hoping that corporations can't use lax labour laws to enact corporate welfare via not paying the true cost of employment; uniform allowance, holiday pay, sick leave and pension contributions. Now, that drivers are officially independent, it's upto them to form a guild of Uber drivers and remind other drivers to pay such costs first.

      The following does not apply to fixed-rate services such as Uber:
      The problem isn't just the gig economy, where the above costs are ignored. It's the likelihood that gigs will be a week-end job for many gig-contractors who see this as entertainment (or, if they're smart, investing) money. Those gig-contractors with a first job and thus, benefits, can underbid those gig-contractors who depend on gigs to pay the above costs of contracting.

    7. Re:perspective by ShanghaiBill · · Score: 1

      ... an economy where people are desperate they need an Uber job to stay afloat.

      In 2015, Uber drivers averaged $19 per hour. That is more than twice the minimum wage.

      The median household income in America is $53k, but many household have more than one earner. The median individual earnings are about $32k, which for a 40 hour work week, is equivalent to about $16 per hour.

      So driving for Uber is a pretty good job. Better pay than most, and you have no boss looking over your shoulder, no annoying coworkers, no office politics, and you can set your own hours.

    8. Re:perspective by MoaDweeb · · Score: 1

      Just don't come to New Zealand, we already have that Peter Thiel prick as a citizen no less.

      --
      New Zealanders are well balanced with a chip on each shoulder. One represents Australia, the other the rest of the world
    9. Re:perspective by Actually,+I+do+RTFA · · Score: 1

      Are you hoping for government regulation that diminishes your ability to work yourself and your family into solvency and regular groceries?

      Nope. But I'm going to hope the government keeps me from getting fucked over by Uber, which is the only job I can get.

      --
      Your ad here. Ask me how!
    10. Re:perspective by technosaurus · · Score: 1

      As long as you are going for a wider perspective, how much of that $19/hr then goes to taxes, unemployment insurance and the like that an employer would normally be responsible for? How much gets alloted to vehicle maintenance, additional insurance, etc... How much additional unaccounted-for time is used dealing with the platform, tracking costs, time and accounting requirements (or hiring an accountant to do so)? There are no paid sick or vacation days, no medical insurance, no retirement package or any other benefits to speak of. All things considered, MIT's estimated $3.37/hr is probably closer to the mark than $19. Still its a good way to pay for your gas money by picking someone up and droping them off on the way to where you're going anyhow, but other than that you may as well get a minimum wage job in walking distance.

    11. Re:perspective by TheRaven64 · · Score: 2

      In 2015, Uber drivers averaged $19 per hour. That is more than twice the minimum wage.

      $19/hour is not too awful as a wage for unskilled work, but $19 as a contracting rate is terrible. IRS mileage rates are around $0.50/mile (expected to cover fuel, maintenance and depreciation on the vehicle), so assuming 20 miles per hour (city driving, lots of stopping) that's $10 gone up front to cover the maintenance, which would not be counted as income for a salaried employee. Now you're looking at $9/hour, and that's before you start covering things like insurance (Uber requires that drivers pay their own insurance for operating a commercial vehicle), health insurance (not part of salary, treated as a separate benefit in the US), and other costs associated with accountancy and overheads for a sole proprietorship.

      --
      I am TheRaven on Soylent News
    12. Re:perspective by Green+Mountain+Bot · · Score: 1

      ... an economy where people are desperate they need an Uber job to stay afloat.

      In 2015, Uber drivers averaged $19 per hour. That is more than twice the minimum wage.

      Minimum wage applies to employees, not contractors. This matters because employees don't have to pay for business expenses or the employer portion of FICA. Once you account for those things, that $19/hour gross income is a lot less net.

  7. Re:Think we're going to get a legal definition soo by novakyu · · Score: 1

    Or maybe the whole "gig economy" was just a fad that was not going to be sustainable for anybody---something that could tide you over in 2009 when you were laid off and couldn't find a new job in the "recovery," but nothing you would want to do as a career.

  8. Price fixing? by duckintheface · · Score: 5, Insightful

    I think they are clearly employees, but if they are independent contractors, they then have the right to set their own prices for work. If Uber is making all its "contractors" charge the same fee, that's called price fixing and it's illegal.

    --
    "He took a duck in the face at 250 knots." -- William Gibson, Pattern Recognition
    1. Re:Price fixing? by Balthisar · · Score: 0

      They're free to set their own prices, though, just not on the gigs provided by Uber.

      --
      --Jim (me)
    2. Re:Price fixing? by ShanghaiBill · · Score: 3, Informative

      if they are independent contractors, they then have the right to set their own prices for work.

      Nonsense. The IRS publishes a long list of criteria, none of which is alone sufficient or necessary for "contractor" designation.

      Many contractors DO NOT have the right to set their own prices.

      Some employees DO have the right to set prices. This includes many employees paid partly or fully in commissions.

    3. Re:Price fixing? by Anonymous Coward · · Score: 1

      the IRS doesn't take kindly to "independent" contractors with only customer. unfortunately, most UBER drivers I know also do Lyft, DoorDash, etc.

    4. Re:Price fixing? by Anonymous Coward · · Score: 0

      Shanghai faggot bill has no idea about that which teh faggot bloviates.

    5. Re:Price fixing? by Anonymous Coward · · Score: 0

      say Uber pays $12.34 today for a particular ride

      I'm going to set my own price of $50
      Uber: no
      Driver: $40
      Uber no
      Driver $15
      Uber: no
      Driver $12.35
      Uber: no
      Driver: $12.34
      Uber: yes

      and now we are just back to where we started. it saves a lot of hassle for uber to just say what they will pay the driver and skip the negotiation

    6. Re:Price fixing? by oh_my_080980980 · · Score: 1

      Which means they are not contractors but employees.

    7. Re: Price fixing? by Anonymous Coward · · Score: 0

      Employee canâ(TM)t refuse, though.

    8. Re:Price fixing? by PortHaven · · Score: 1

      Really, guess you haven't seen the thousands of independent contractors employed at the IRS, on H1B Visas.

    9. Re:Price fixing? by stdarg · · Score: 1

      I'm trying to understand your thought process, because to me they're obviously contractors and I don't understand the counterargument. You're saying that since they can't set their own prices, they're employees? But if they could set their own prices, they would be contractors? Does that mean you think that any employer that lets you negotiate your salary, and pays different employees different amounts, is actually not an employer? I'm not being snarky, I really don't get the opposing view.

    10. Re: Price fixing? by Anonymous Coward · · Score: 0

      You're trying to apply logic to someone who is demonstrably and patently retarded. You'd have better luck trying to argue with dog shit.

      They either entirely understand the point, but their ego won't let them admit to being wrong, or they're a total fucking imbecile.. Likely both.

    11. Re:Price fixing? by Destoo · · Score: 1

      This guy has a few phones but I have seen worse pictures.
      https://imgur.com/gallery/He17...

      --
      Nouvelles de jeux et technologies en français. TC
    12. Re:Price fixing? by Anonymous Coward · · Score: 0

      A contractor's rate is not fixed per item of work. A contractor sets their price and a client either agrees or rejects. On the next item of work, the process happens over again.

      An employee's rate is fixed per item of work. An employee and an employer negotiate for the position in which the employee is to do many items of work. Every item of work is paid the same, be it by piece or by time.

      Uber workers don't set their own rate. Uber workers can't negotiate their own rate. Uber workers can't change their rate between fares. Uber workers are not contractors.

      These are basic business definitions. Take a 100 level class at your local community college for the full picture.

    13. Re:Price fixing? by hazardPPP · · Score: 1

      I'm trying to understand your thought process, because to me they're obviously contractors and I don't understand the counterargument. You're saying that since they can't set their own prices, they're employees? But if they could set their own prices, they would be contractors? Does that mean you think that any employer that lets you negotiate your salary, and pays different employees different amounts, is actually not an employer? I'm not being snarky, I really don't get the opposing view.

      I think the parent post you've replied to is confused between Uber's drivers being contractors of the riders vs. being contractors of Uber.

      People who rent out their places via AirBnB choose the price. AirBnB takes a cut. Clearly, AirBnB landlords are completely independent in terms of pricing (and a bunch of other terms on how their property is used), and AirBnB is just providing them a service. Now, Uber claimed to be doing the same thing for (essentially) taxi drivers. However, since Uber drivers do not all advertise a price that they choose, and then a rider picks one, but rather, the rider is a customer of Uber, and Uber sets the prices (and often pays drivers more than what the rider has paid Uber in order to build market share), from the riders' perspective, an Uber driver is certainly not a contractor of them. The riders are, legally speaking, Uber's customers, not the drivers' customers. Just like at Wal-Mart, you are Wal-Mart's customer, not cash lady Joanna's customer.

      However, that has nothing to do with whether the drivers are contractors or employees of Uber. The line between contractor and employee can be murky, and really depends on the definiton of those terms within a given legal jurisdiction.

    14. Re: Price fixing? by Anonymous Coward · · Score: 0

      This is actually a great example of where the wording of it may be important. In some European countries for example you can be an employee or a contractor or a âoefakeâ contractor. If youâ(TM)re caught being a fake contractor you got a problem. The definition of that is worded around how many clients you have over a certain time period. If you only ever drive for Uber you only have on client: Uber. Then you are not a contractor but an employee. If you drive 3 months for Uber, 4 months for Lyft etc then itâ(TM)s fine. Or drive for both lyft and Uber all the time for example.

      When I was a contractor I was taken off longer projects from time to time and moved somewhere else because of this.

      Not that Uber couldnâ(TM)t probably work around this too...

    15. Re:Price fixing? by uncqual · · Score: 1

      A contractor's rate is not fixed per item of work. A contractor sets their price and a client either agrees or rejects. On the next item of work, the process happens over again.

      That's not always the case. Companies will sometimes enter into an agreement with a contractor for the contractor to do Task A for $X, Task B for $Y, and Task C for $Z for the next 12 months -- the number and mix of A, B, and C that the company actually requests the contractor to do can vary widely based on the day-to-day needs of the company that hired the contractor. There may be guarantees of at least some number of each type of task per year and there may be a maximum number of each type of task that the contractor will promise to do for the negotiated rates. Each job, however, is not specifically negotiated.

      For example, the facilities department may contract with a painting contractor to do small paint jobs around the facility (where people put their feet on the wall or whatever) where the contract sets a "per request" charge and a "per square foot" charge on top of that

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    16. Re:Price fixing? by david_thornley · · Score: 1

      There's sound reasons to think they're employees, and sound reasons to think they're contractors. The fact that they can't set their own prices for their tasks indicates that they're employees, and the fact that the drivers set their own hours (when and how many) indicates that they're contractors. The judge had to make a decision, and no decision was going to be perfect.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  9. Re:Think we're going to get a legal definition soo by technosaurus · · Score: 4, Insightful

    IANAL, but As a general rule of thumb, if a person is not allowed to subcontract the work, they are considered an employee... I am pretty sure subcontracting is not allowed... ergo - more rulings to come.

  10. Makes sense by FeelGood314 · · Score: 1

    It comes down to your employers level of control. Uber gives you the work but that's about it. People may do it full time but that doesn't make you an employee and as much as you might want the benefits that are mandated for employees wanting something doesn't make it true. Think of it another way. When you take a job with a company, you are giving something else up, usually it's your ability to to set your schedule and work for someone else. You aren't forced to give anything up to work for Uber. You aren't "sticky". Compare this to a school teacher, who has to train and specialize. When they get a job they are committed to being a teacher and often there is only one school teacher employer in an area. They are both committed to that employer and in a very weak bargaining position as an individual. That's why we have labour laws protecting them and also allow them to form unions. (The balance of power is likely way to far in their favour now but that's another story).

  11. The right wing has been stacking the courts by rsilvergun · · Score: 2, Insightful

    since Reagan, so I'm not surprised. They've taken a top down approach to government, and bought it all.

    Mark my words, everybody on this forum, you're next. They Uber rich (pun intended) are coming for your wages, your benefits, your retirement and your property. And why shouldn't they? You keep going to the polls and giving it to them.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:The right wing has been stacking the courts by DNS-and-BIND · · Score: 2

      Yes, because I should vote for a Left that is beyond convinced that we are greedy, racist, sexist, homophobe morons who hate science and love Hitler. All the leftist sects agree - they have found the revealed truth, and imposing it upon the benighted normals like us is so transcendently important that they are relieved of any moral limitations. They *hate* us. Look at Twitter. Look at Facebook. Twitter's CEO retweeted this article and commented "Great read".

      The next time you call for bipartisan cooperation in America and long for Republicans and Democrats to work side by side, stop it.

      The best way to understand politics in America today is to reframe it as closer to civil war.

      If we ever voted you bastards in you'd use the power to put an end to us. No thanks, I prefer living in a free America, not Venezuela 2.0. Democrats have been in power for decades in places like Baltimore, Detroit, and San Francisco and have run them into the ground. Why would we want you to do this to all of America?

      Then there is the hatred. It turns out berating a bunch of struggling, working class white families about their "white privilege" and then circling back around to mock them for being poor and uneducated isn't likely to get them to vote for you. Who could have known!

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    2. Re:The right wing has been stacking the courts by Anonymous Coward · · Score: 1

      They Uber rich (pun intended) are coming for your wages, your benefits, your retirement and your property. And why shouldn't they? You keep going to the polls and giving it to them.

      The people voting are the problem and it is not entirely a question of education, though that is a part of it. I know a lot of intelligent people at work that are some how hooked on this republicans are better mindset and their brains just automatically contort to find a way to believe it. They still believe Hillary would have been worse than Donald Trump.

      As it is, the economy was doing well when Trump came in, so of course we had to do a gigantic not remotely affordable tax cut. Sure if the democrats win a bit they could reverse it, so the corporate tax cuts expire rather than the personal ones, but that is probably as brave as they will go, since the republicans will just bitch for decades about it, and how everything is the fault of doing that, even if its not. Either way at this point we are pretty much screwed financially.

      I honestly don't think a totally honest politician can win. Obama tried, but he was likely deliberately sloppy on the health care talk, because the alternative was not getting anything done.

      Can anyone see a politician saying, "Elect me and I'll reverse the tax cuts and even tack on a bit more for the rich so we can balance our budget?" _and_ getting elected?

      That is ignoring every other important issue. Hell we elected a con man who still I think insists Mexico is going to pay for the wall and i think he still "doubts" Obama was born in America.

      We voted for bullshit. We got bullshit, and now America is turning to it. Hell even Ryan gave up, though he is one of the ones responsible for the tax cut stupidity. Where is that record growth they promised? We got a little bit of a crack high on the tax cuts or promise there of last year, but even that seems to be falling to pieces.

    3. Re:The right wing has been stacking the courts by Uberbah · · Score: 1

      Yes, because I should vote for a Left that is beyond convinced that we are greedy, racist, sexist, homophobe morons who hate science and love Hitler.

      You mean Democrats. Democrats are not left, they're another crazy right wing party.

      The American right wing owns the media. [imgur.com] OK. LOL! What, like the New York Times, Washington Post. CNN, NBC, ABC, CBS, MSNBC, and all the rest? Those are all right wing?

      Of course they are. Or haven't you not noticed that they've all jumped on the we-need-to-push-Trump-into-bombing-Syria-with-zero-evidence just within the last week? They've gone so far to the right that the only people pushing back are Fucker Carlson and Tomi Lahren of all people, and they're on Fox.

      I think you represent some kind of tiny splinter group that has zero traction. The Left is about sound economic policies? It's about borrow and spend to buy votes.

      As is usually the case, when wingers whine about leftists they're really complaining about their fellow right-wingers. Leftists would slash a trillion out of the annual imperial budget, which would eliminate the deficit overnight while giving everyone free-to-use UBE, medical care, and higher education.

      OMG the Left invented identity politics and used it as a club to beat the crap out of us. It worked, too.

      Again, you're complaining about your fellow right-wingers in the Democratic party. They're the ones smearing anyone to the left of them as sexist racists for not jumping onboard the next coronation of an ultra-corrupt corporatist who loves slave labor.

      They encouraged the BLM riots and cheered as people were attacked and neighborhoods burned.

      Now you're just talking out of your ass. And I'm betting this describes you to a T.

    4. Re:The right wing has been stacking the courts by DNS-and-BIND · · Score: 1

      Yaknow, I get the idea you're so far to the left that anyone to the right of Mao Zedong looks like a fascist to you. Let's do a quick sanity check with a verifiable answer: is the New York Times a liberal newspaper? If you answer wrongly, we can safely discard your opinions.

      BLM was cheered and we were told we needed to listen carefully to everything they said, and if they had to burn things down to get us to listen, then it was only justified. Come on, were you in a coma during their time in the spotlight? Saint Obama himself spread inflammation of racial tensions as he supported BLM, with racial relations sinking to lows we haven't seen in decades as whole cities from Baltimore to Ferguson burned.

      I bet this describes you to a T: Liberalism explained: "You think America's good? We've found something that's going to make you not believe that any longer."

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    5. Re:The right wing has been stacking the courts by TheRaven64 · · Score: 1

      Yes, because I should vote for a Left that is beyond convinced that we are greedy, racist, sexist, homophobe morons who hate science and love Hitler. All the leftist sects agree - they have found the revealed truth, and imposing it upon the benighted normals like us is so transcendently important that they are relieved of any moral limitations

      There's something wonderfully ironic about someone describing the left in terms of right-wing straw-man ideas and simultaneously objecting to the left's straw-man depiction of the right.

      --
      I am TheRaven on Soylent News
    6. Re:The right wing has been stacking the courts by DNS-and-BIND · · Score: 1
      Straw man depiction? It's not something that's crazy our out of the Overton window. Hate towards ordinary Americans is widespread and socially acceptable. Here's a couple of texts from FBI agents Strzok and Page:

      "Just went to a southern Virginia Walmart. l could SMELL the Trump support."

      "Yup. Out to lunch with --------. We both hate everyone and everything."

      I want to be there and hate with you, or charm you back to happy. Looked for the two trump yard signs I saw on the way out to take a picture, but couldn't see them

      "Scratch an intellectual, and you find a would-be aristocrat who loathes the sight, the sound and the smell of common folk."
      -- Eric Hoffer, The True Believer: Thoughts on the Nature of Mass Movements

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    7. Re:The right wing has been stacking the courts by LavouraArcaica · · Score: 2

      That's the thing I don't get when I hear workers (like coders, developers, and engineers) saying that gig economy is nice.

      I mean, you really don't get what's happening? Nobody is really winning on this, except for a few wealthy people. When they fire you to subcontract you as a 'gig', the economy on this won't go to other workers, but for executives and the owners of the companies in the transaction. You will receive less, have fewer securities, fewer benefits, so you can raise your nose and say that you are not a worker, but a contractor.

      Anyway, I find very sad this state of affairs when our jobs are becoming steam and we are saying 'what a lovely steam is coming from the companies!'.

    8. Re:The right wing has been stacking the courts by Uberbah · · Score: 1

      If you answer wrongly, we can safely discard your opinions.

      The paper that sat on Bush's warrantless wiretapping story through his re-election? The paper that has shilled for every war? A wingnut holding up the NYTimes to prove an argument is as disastrous to his case as a communist pointing to Chernobyl as a successful Soviet program.

      BLM was cheered and we were told we needed to listen carefully to everything they said

      They're protesting police committing murders, violence and harassment with impunity. Right wing libertarian whackjobs who are okay with lawless state officials makes as much sense as a pregnant lesbian in need of an abortion being a big Rick Santorum supporter. But thanks for proving me right on that cartoon describing you to a T.

      and if they had to burn things down

      Speaking out of your ass again.

      Yaknow, I get the idea you're so far to the left that anyone to the right of Mao Zedong looks like a fascist to you.

      Your projection is noted.

    9. Re:The right wing has been stacking the courts by DNS-and-BIND · · Score: 1

      Yeah, I thought you were far far left. Just about anyone not in your tiny world looks like a crazy wingnut to you.

      "Is The New York Times a Liberal Newspaper? Of course it is." Source: New York Times.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    10. Re:The right wing has been stacking the courts by Uberbah · · Score: 1

      Repeating myself since you skipped over it the first time: a wingnut raising the NYTimes as an example of "liberal media" is as disastrous to their case as a communist holding up Chernobyl as an example of a successful Soviet program. Sitting on NSA wiretapping alone means your storyline is 100 pounds of excrement crammed into a 5 pound sack.

    11. Re:The right wing has been stacking the courts by DNS-and-BIND · · Score: 1

      They literally admitted it in print. WTF? I really don't see how you can be convinced if you reject basic facts. If you think the New York Times is right-wing, you're a nutbag, plain and simple.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    12. Re:The right wing has been stacking the courts by Uberbah · · Score: 1

      They literally admitted it in print.

      After the election was over and Bush got his second term. You even trying, bro?

      If you think the New York Times is right-wing, you're a nutbag, plain and simple.

      It's indisputably right wing. So they say something nice about a Democrat once and a while - whoop de freaking do, the Democrats are another right wing party. War shilling and sitting on NSA wiretapping alone makes them a conservative rag. Period. To be as off base as you are here, I'd have to go find a newspaper that called for the abolition of private property and confiscating guns and hold them up as an example of a Libertarian publication.

    13. Re:The right wing has been stacking the courts by DNS-and-BIND · · Score: 1

      So, the New York Times - the Grey Lady - the paper of record - a liberal's liberal - is not just a conservative newspaper, but an untrustworthy rag. Indisputably right wing. That's what you're going with? Seriously?

      I think you're really, really far left. If the New York Times looks right wing to you, what's your stand on Mao Zedong? He wasn't left enough for you? Too much of a softie?

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    14. Re:The right wing has been stacking the courts by Uberbah · · Score: 1

      So, the New York Times - the Grey Lady - the paper of record - a liberal's liberal - is not just a conservative newspaper, but an untrustworthy rag. Indisputably right wing. That's what you're going with? Seriously?

      Yes, and I proved it to you.

      I think you're really, really far left.

      You wouldn't know "far left" if the entire Soviet army bit you on the ass.

  12. Legal definitions by raymorris · · Score: 5, Interesting

    The law considers the following things:

    Independence in investment in and choice of equipment etc. If the worker uses their own judgement to decide which equipment they want to use, and they buy their equipment, that may be an independent contractor. If the payer chooses and buys the equipment, it's likely an employee using it. In this cass, the employee chooses and buys their own car.

    Permanence. Short-term gigs are often contracts. Projects that take more than a year to complete, where the worker is expected to be there long term, are likely employees. People doing Uber while between jobs, or to get some extra holiday cash, look like contractors.

    Degree of control. Does the payer specify the outcome (fix my sink) or the exact process?

    Financial risk. If the company guarantees exactly $x / hour, no more or less, that's probably an employee. If the worker can make more or less depending on how they choose to run their work, that's probably a contract.

    Initiative and judgement. Is the worker following a script provided by the payer, or making their own plans and judgements? Can the Uber driver decide what area to work, based on which part of town they think will make the most money?

    Ability to work for others, and actually working for others. Can Uber drivers also drive for Lyft? The plumber I hire to fix my sink also does similar work for other people, so he's a contractor. I have a limited non-compete clause with my employer, so I'm an employee.

    I probably forgot one.

    The IRS has extensive guidelines. The department of labor has similar ones, but not as extensive. The Supreme Court has enumerated broad considerations in certain cases.

    Generally, the word "Independent" in "independent contractor" is important. Does the worker control how they do the work?

    With Uber it seems to me people have two viewpoints on the whole thing. Uber advertises "make extra money in your free time". Many drivers see it as a full-time, long-term job.

    It seems to me that while *some* people are able figure out the best hours and locations to work in order to do well with it long-term, for most people it's probably better as something you'd do while looking for another job, or only occasionally during surge pricing periods or whatever.

    1. Re:Legal definitions by ShanghaiBill · · Score: 1

      Many drivers see it as a full-time, long-term job.

      About 20% of Uber drivers work full time (at least 35 hours per week).

      More than half work 15 hours or less.

      Citation: Survey of Uber drivers from 2015.

  13. Re:Think we're going to get a legal definition soo by alvinrod · · Score: 1

    I can't say for sure what will happen with the gig economy, but I'm not convinced its a fad. People forget that the increases in productivity that we continue to see don't just mean a loss of jobs, but also a decrease in the cost of goods. I think what will really make the gig economy viable is when it becomes possible to cover living expenses when working 20 - 30 hours per week at your gig. Not because the gig is particularly well paying, but because it doesn't cost much to get by. I think that if a person were particularly frugal that may already be a possibility.

    Some currently existing careers are going to go away (as they have throughout history) and not everyone is capable of retraining as a surgeon, engineer, or some other form of highly skilled labor that guarantees a career. I suspect that the jobs in a gig economy will change as well or that it may be the type of situation where you might have five different gigs at only four to six hours apiece.

    Once again though, it doesn't ultimately matter. If Uber can drag this case out long enough who cares what restrictions the government tries to make regarding employees and contractors because in 10 years I wouldn't be surprised if Uber were running mostly or all self-driving cars.

  14. Wrong, this was already decided by Anonymous Coward · · Score: 0

    A city council member here in Seattle studied the issue, and she said Uber drivers are employees and the rulers of Uber are criminals since they hate unions which is illegal in the US. The people running Uber are criminals. If Trump wasn't our ruler, they would be in prison. We are not a nation of laws since they walk free upon this Earth.

    1. Re:Wrong, this was already decided by greenwow · · Score: 1

      You're talking about Kshama Sawant. Her husband works for Microsoft so she is a strange cat. On one hand she hates normal people and the poor because she says we're not rich because we're lazy thus we need to die. On the other hand, she says anyone that is within 100 meters of Trump but doesn't try to arrest him is subhuman and needs to die. She goes both ways. She is just an overall hater. She hates us so much.

      She also said all criminals should be executed in the streets while she is a criminal. I personally saw her spit in the face of a cop then try to kick another one in the balls. she was arrested for that. She argued that makes her an honest person while criticizing the other people arrested at the same minimum wage protest. She is a hypocrite of the greatest magnitude. Despite that she is an innocent child compared to the people that support Trump. She may want me to die, but Trump wants worse for my kind.

    2. Re:Wrong, this was already decided by Anonymous Coward · · Score: 1

      I work with her former husband Vivek. He rants about how anyone that makes more than they need either needs to have everything take from them or be executed. When I pointed out him and his wife had more than they need, he said he worked hard so they deserved it. They're so far leftist they can't see the irony of that.

    3. Re: Wrong, this was already decided by Type44Q · · Score: 1

      Trump wants worse for my kind

      He wants to sleep with you?

  15. Great news for me! by 140Mandak262Jamuna · · Score: 1

    The drivers work when they want to and are free to nap, run personal errands, or smoke cigarettes in between rides, Baylson said.

    I have flex timings, I can come and go as I please, constantly go off for doctor appointment or go home to wait for the proverbial cable guy. I can smoke if I want to between jobs breaks.

    That makes me a contractor! I can float a LLC that will contract with my employer. Then I can control the income stream, call it "Carried interest". I can defer the income, deduct all sorts of expenses ....

    Can I, can I, can I, please please please pretty please with a bow on top?

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:Great news for me! by 91degrees · · Score: 1

      Can you decide to spend a couple of days simply not working though, or refuse specific tasks? I assume the summary in the article is just highlights, and there are other factors such as those I've mentioned.

    2. Re:Great news for me! by ghoul · · Score: 1

      Yup its called Leave Without Pay and "I am busy "

      --
      **Life is too short to be serious**
    3. Re:Great news for me! by 91degrees · · Score: 1

      It's up to my employer whether they allow me to take leave without pay. And an Uber driver can refuse to do work for any reason they choose, or even for no reason.

  16. How so? by Anonymous Coward · · Score: 0

    What makes you say they're employees? They own their own tools, set their own hours, and can refuse jobs (within the bounds of federal, state and local non-discrimination laws). I don't know about the IRS, but for OSHA, those criteria make them clearly contractors.

    1. Re:How so? by Uberbah · · Score: 1

      Because they can't set their own rates, like the parent said.

    2. Re:How so? by Anonymous Coward · · Score: 0

      But of course they can set their own rates. Want me to drive you? It'll cost $4. etc. It's just that when they use the Uber app, they have to use the Uber rates - that's kind of included in the license for the app.

    3. Re: How so? by Anonymous Coward · · Score: 0

      Absolutely they can. Uber is of course under no obligation to accept those rates.

      But you already know this. You're just too fucking stupid to comprehend it.

    4. Re:How so? by iamhassi · · Score: 1

      Because they can't set their own rates, like the parent said.

      When they refuse a job because it pays too low but accept another one because the pay is sufficient, they just set their own rate.

      --
      my karma will be here long after I'm gone
    5. Re: How so? by Anonymous Coward · · Score: 0

      Absolutely they can. Uber is of course under no obligation to accept those rates.

      But you already know this. You're just too fucking stupid to comprehend it.

      He's too stupid to comprehend something he already knows?

    6. Re: How so? by Uberbah · · Score: 1

      Absolutely they can

      Not if they're driving for Uber. Oy, the contortions Uber-fart sniffers go through to justify the company's business practices....

    7. Re:How so? by Anonymous+Cow+Ward · · Score: 1

      I don't see how "they're employees" follows from "they can't set their own rates when using Uber's platform".

      --
      Examine even your most deeply held beliefs. Nobody is always right.
  17. Re:Think we're going to get a legal definition soo by ShanghaiBill · · Score: 1

    IANAL

    Obviously.

    if a person is not allowed to subcontract the work, they are considered an employee...

    This is nonsense. The IRS publishes a long list of criteria for determining whether a worker can be classified as a contractor. Subcontracting is one of those criteria, but no single factor is either necessary nor sufficient to make the determination.

    There is no rule/law that contractors must be able to sub-contract.

    There is also no rule/law that employees can't sub-contract.

  18. Interesting, thanks. 20% Uber drivers do it full t by raymorris · · Score: 1

    Thanks for that.

  19. You're falling for right wing identity politics by rsilvergun · · Score: 5, Insightful

    the modern American left isn't about any of that. They're about sound economic policy, to wit:

    a. Medicare for all.

    b. End the wars.

    c. College for all.

    d. New New Deal.

    e. Infrastructure spending.

    f. Living Wage.

    The right likes to find our crazies and give them megaphones. It's easy to do because the American right wing owns the media. Ask yourself how often you hear a serious discussion of left wing economic ideas on TV. You don't. Don't be fooled by the right wing media and their cheap identity politics.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:You're falling for right wing identity politics by DNS-and-BIND · · Score: 2, Insightful

      The American right wing owns the media. OK. LOL! What, like the New York Times, Washington Post, CNN, NBC, ABC, CBS, MSNBC, and all the rest? Those are all right wing? OK buddy, sure. I think you represent some kind of tiny splinter group that has zero traction. The Left is about sound economic policies? It's about borrow and spend to buy votes.

      Right wing identity politics! OMG the Left invented identity politics and used it as a club to beat the crap out of us. It worked, too. They encouraged the BLM riots and cheered as people were attacked and neighborhoods burned. They encourage and PAID thugs to attack Trump supporters at rallies. They celebrated paid goons and Antifa shutting down free speech. America is more divided than ever, and the Left is at the forefront of it all.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    2. Re:You're falling for right wing identity politics by Anonymous Coward · · Score: 0

      Don't be fooled by the right wing media and their cheap identity politics.

      Bwahaha! Oh wait, you're serious? Let me laugh even harder!

    3. Re:You're falling for right wing identity politics by Anonymous Coward · · Score: 0

      I will try to translate. Ahem "My name is DNS-and-BIND and I suck cock."

    4. Re:You're falling for right wing identity politics by grep+-v+'.*'+* · · Score: 3, Interesting

      They're about sound economic policy, to wit...

      OH. I expected to see a Funny tag on this, was surprised to see Insightful. "Hi! I make Firefox Plug-ins." Oh, it's you. I mostly disagree with you, but do occasionally agree.

      Medicare / College / Living Wage for all. And to use an old /. metaphor: I want a pony. That sounds great -- so free medicare, college, and all jobs pay a minimum of $1M/second. (What? I need a Porsche to drive to work. And you want me to go to work tomorrow too, right? What do you mean in yesterday's USED car? What kind of a heathen ARE you?)

      Ehhh, I'm way tired and so will stop here with my sniping. I will ask what is a living wage? And for what jobs? All of them? So where IS the money going to come for this? (Don't just say "The Government". You have to add "and ..." to the answer.) And how? Are you going to enforce an overall minimum wage? Change the W2 forms to add "hours worked", and throw the bosses in jail if the employee numbers don't work out right? If we pay (say) $20/hour for everyone for flipping burgers (or breathing) then any other job that's harder MUST pay more. How are you to find someone that wants (perhaps even go to school) to learn how to do the harder job just so they can earn the exact same amount. Why bother?

      Personally, I wish they'd raise taxes and more to the point REDUCE SPENDING. Everywhere. Not just reduce the increase, reduce the total amount. On wars. On government grants to business. On roads to nowhere. On the arts. On your sacred cow. On mine. EVERYTHING. Government is a coordinating entity for states, not a CONTROLLING entity. But that's not at all how it seem to run, for multiple decades now. (Here's a hint: the Government is a sink (load), not a source (generator.) THINK about that for a minute - all they do is redirect money-flows.) And BTW, I thought it was the LEFT-wing media. No, really.

      --
      If the universe is someone's simulation -- does that mean the stars are just stuck pixels?
    5. Re:You're falling for right wing identity politics by lgw · · Score: 1

      If the American left were for any of those things, they would have happened when the left controlled the house, senate, and presidency. How gullible do you have to be? Heck, the left didn't even pass a federal law legalizing abortion when the last had the reigns, because they don't actually care about the issue, and they enjoy the "get out the vote" power of the threat of a Republican appointing a Justice who overtures Roe v Wade.

      The right, of course, isn't for any of the things they claim either, or they would be doing some of them now.

      the right wing media and their cheap identity politics.

      Low quality bait.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    6. Re:You're falling for right wing identity politics by Anonymous Coward · · Score: 0

      Sound economic policy? The right owns the media? Blaming identity politics on the right?

      That's got to be the most asinine comment I've read in a while.

    7. Re:You're falling for right wing identity politics by cascadingstylesheet · · Score: 1

      The right likes to find our crazies and give them megaphones. It's easy to do because the American right wing owns the media.

      You can't be serious. You can't. But you are.

      Yes, Trump is is a pissing match with that known right winger, Bezos.

      It's easy to "give your crazies a megaphone", because first, they have almost all the megaphones already (Hollywood, colleges, unions, bureaucracy, media), and secondly, there are so many of them and they are so very crazy.

    8. Re:You're falling for right wing identity politics by phantomfive · · Score: 1

      b. End the wars.

      Eh, the left opposes war until a Democratic president starts the war (Obama in Libya, Clinton in the Balkans. Even Bernie Sanders supported that one). The right opposes war until a Republican president starts one (Bush Bush, but again, they opposed Libya and Balkans). Hillary hugely favored using military power.

      The other stuff is reasonable, but the Democratic party is still trying to find an issue (or set of issues) that will help them win the next election. I don't know what issues those will be.

      --
      "First they came for the slanderers and i said nothing."
    9. Re:You're falling for right wing identity politics by phantomfive · · Score: 1

      Personally, I wish they'd raise taxes and more to the point REDUCE SPENDING

      Not going to happen. Why? Anyone who raises taxes will get voted out of office. Anyone who cuts benefits will get voted out of office. That's why Obama signed a bill making the Bush tax cuts permanent, and the Republicans haven't been able to repeal the ACA.

      The short is that we're going to keep cutting taxes and increasing benefits until the country is bankrupt. There's no real way out of it because it's what the voters want, and are willing to vote for (complaining the whole time, of course, and blaming the other party continually).

      --
      "First they came for the slanderers and i said nothing."
    10. Re:You're falling for right wing identity politics by Green+Mountain+Bot · · Score: 1

      The Democratic party is *not* the same thing as the American left. There's some overlap, and the left tends to vote Democratic because the other option is the bastshit insane right wing, but the Democratic party is very much a centrist party these days, and has been since Bill Clinton was president.

    11. Re:You're falling for right wing identity politics by Glarimore · · Score: 1

      If we pay (say) $20/hour for everyone for flipping burgers (or breathing) then any other job that's harder MUST pay more.

      Depends on what you mean by "harder".

      I've worked in both bars and restaurants, as well as in tech in the finance industry.

      While, the tech work required more specialized skills and knowledge, the restaurant and bar work was certainly more grueling and left me more tired.

      It's easier to find a qualified worker for the service industry, but for a candidate that is qualified for both the finance work is certainly easier.

    12. Re:You're falling for right wing identity politics by Anonymous Coward · · Score: 0

      It's about borrow and spend to buy votes.

      That's not fair, the left is about tax and spend to buy votes, the right is about borrow and spend to kill people in the middle east.

    13. Re:You're falling for right wing identity politics by Anonymous Coward · · Score: 0

      Everything shall be free YAYYY!!!!!!!!!!!!!!

    14. Re:You're falling for right wing identity politics by trawg · · Score: 1

      Wait, what on earth do you want the US government to increase taxes and reduce spending for, if NOT to spend on the very things you snarked at above like medical care/education/living wage for everyone?!

      Medicare / College / Living Wage for all. And to use an old /. metaphor: I want a pony. That sounds great -- so free medicare, college, and all jobs pay a minimum of $1M/second. (What? I need a Porsche to drive to work. And you want me to go to work tomorrow too, right? What do you mean in yesterday's USED car? What kind of a heathen ARE you?)

      This seems like a strawman though (and you're kind of making GP's point for him about people wilfully misinterpreting the goals of "the lefts"). Noone is proposing unlimited money, ponies and Porsches for everyone, so that concept is easy to beat down.

      To be more specific, giving you a pony and a Porsche is great for you, but doesn't really boost the rest of the economy (except pony and Porsche manufacturers). But giving you healthcare means you can work with less concern about your life being crippled by financial obligations if you have health issues; it helps the economy by keeping you productive as possible. Education has other obvious benefits for society & economy.

      That's why I call it a strawman: none of "the lefts" the GP is talking about are calling for free money for luxury items. They're trying to ensure a strong backbone of the economy by making sure there's a healthy and educated workforce.

      Maybe unfettered capitalism is a better way to do this - I don't think so, but I don't know for sure. But from what I've seen of the world (I've just returned to Australia after two years in the US and two years in the UK), I tend to believe that better access to healthcare and education is a good thing.

      So where IS the money going to come for this? (Don't just say "The Government". You have to add "and ..." to the answer.) And how? Are you going to enforce an overall minimum wage? Change the W2 forms to add "hours worked", and throw the bosses in jail if the employee numbers don't work out right? If we pay (say) $20/hour for everyone for flipping burgers (or breathing) then any other job that's harder MUST pay more. How are you to find someone that wants (perhaps even go to school) to learn how to do the harder job just so they can earn the exact same amount. Why bother?

      FWIW, this is pretty much what the minimum wage is here in Australia. I actually think it's a little too high - the difference between the number of employees in an Australian burger joint vs an American one is striking if you've spent a bit of time in each place. But we've managed it here without everything going to crazy. The money does come from somewhere - it comes from customers in the form of slightly higher prices for things. But I'm prepared to pay a few extra bucks on a burger.

    15. Re:You're falling for right wing identity politics by lgw · · Score: 1

      The only place most Democratic politicians and most GOP politicians differ is a few petty social issue with no monetary consequences, like gay marriage. Oh, they'll put on a song and dance about other issues, but the funding will only ever creep up, for everything. For all the threatened government shutdowns and other fake drama, they just go ahead and pass the bills the donors want, regardless.

      Neither is "centrist" as that implies they're on that spectrum to begin with, which is a farcical notion. They exist to funnel government funds to their donors, and they barely even squabble over which donors these days.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    16. Re:You're falling for right wing identity politics by Anonymous Coward · · Score: 0

      The modern American left isn't about any of that. They're about sound economic policy, to wit: ...
      d. New New Deal.

      It's a contradiction to have the words "New Deal" and "sound economic policy" in the same manifesto. The New Deal was an economic disaster. During the "Roaring 20's" the USA had the lowest unemployment in the developed world. After 8 years of FDR, it didn't even make the top 10 list.

      Back then, the USA was a lot closer to self-sufficient on natural resources than it is today - by any reasonable standard it should have been one of the most prosperous nations in the world.

      It wasn't entirely FDR's fault, Hoover can take some of the blame as well, but certainly FDR's policies were not economically sound in any way, shape, or form. To make matters worse, there was an enormous amount of corruption in the implementation of New Deal policies.

      The word Great in the phrase Great Depression was caused by government policy - which took what would have been a minor depression and turned it into a complete disaster. It wasn't entirely the federal government's fault: state government policies contributed to the disaster as well. But a large share of the blame must be placed on the federal government. The USA would not start to really recover until some of FDR's policies were suspended for WW2 - and complete recovery would have to wait until the majority of those policies were dropped entirely after FDR's death.

      f. Living Wage.

      This isn't sound economic policy either. The evidence clearly shows that government price fixing is a bad idea with lots of negative long term consequences (Neumark and Wascher). The only positive consequence of such policies is that high school students tend to stay in school longer - and that doesn't begin to compensate society for all the negative consequences. We would be better off with either a sensible welfare system, or a negative income tax.

    17. Re:You're falling for right wing identity politics by Anonymous+Cow+Ward · · Score: 1

      The right likes to find our crazies and give them megaphones. It's easy to do because the American right wing owns the media.

      No, it's easy to do because you have so very many of them, and they like having a megaphone. Also, the *American* right wing doesn't own the media; the *American left* owns more. They certainly aren't as left as many left-wing parties in Europe, but they are generally left.

      Many of the thing you listed aren't sound economic policy; Medicare needs to be improved before it's extended to everyone, not everyone needs (or is smart enough to benefit from, really) college, and a "Living Wage" policy depends a lot on implementation before I'd support or oppose it.

      --
      Examine even your most deeply held beliefs. Nobody is always right.
  20. Easy fix for Uber by swillden · · Score: 1

    Though they got the outcome they want in this case, if I were running Uber I'd make a change in their business model to make it absolutely clear that drivers are contractors: Let drivers set their own prices. Uber uses an algorithm based on mileage and time to calculate the price, so let drivers set the parameters, and show potential riders a list of drivers with ETAs and prices, calculated according to the driver's preference.

    No reasonable person is going to conclude that a driver who uses their own equipment, chooses their own hours and work location and sets their own prices is an employee. I'd argue that such a person isn't even a contractor, they're an independent business partner.

    As a side benefit, this approach would address a big rider complaint about Uber: surge pricing. Surge pricing makes economic sense, and benefits riders by encouraging more drivers to be available during times of heavy demand, but it still seems artificial and subject to manipulation by Uber. Allowing drivers and riders to dynamically negotiate pricing would allow supply and demand to drive the price naturally. Uber could also track price distributions and notify drivers who are currently not working when prices rise, or when they're projected to rise, as I believe they do now with surge price times. Even if riders are unhappy with spiking prices, they'll blame drivers rather than Uber.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    1. Re:Easy fix for Uber by Anonymous Coward · · Score: 0

      Though they got the outcome they want in this case

      Not exactly. Uber has constantly tried to treat their drivers as both employees and contractors, with their decision at any given moment based on which benefited Uber more. Now, they must treat them as contractors all the time.

      While the drivers might prefer to be labeled as employees instead of contractors, regardless of the ruling Uber was going to lose and the drivers were going to win.

  21. PS the IRS will send executives to prison by raymorris · · Score: 1

    Btw, I mentioned the IRS has extensive guidelines. Some people mistakenly think that if you CALL a worker an independent contractor you can reduce tax payments and hassle. This is a major item the IRS watches for. Calling someone an independent contractor when they are not in fact independent is tax evasion. Every year the IRS levies billions of dollars in civil penalties for employment tax evasion, and refers cases for criminal prosecution. Business owners and executives go to prison.

    Want to save some hassle? Which option is more hassle?:
    a) Forwarding pay stubs to your accountant to do payroll taxes
    b) Serving 24 months in federal prison

  22. Re:Think we're going to get a legal definition soo by AvitarX · · Score: 1

    I suspect that there will be certain protections added for lower paid contractors. Similar to how you can't be salaried if you make less than a certain amount, contractors making less than a certain amount will get some level of protection.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  23. Re: Think we're going to get a legal definition so by reanjr · · Score: 1

    The "gig economy" is simply a process for acquiring on demand human resources to supplement automated services. That's not going anywhere. Most industries will go through a period of gig economy on their path to go fully automated.

  24. corporatist bootlicking by Uberbah · · Score: 1

    Are you hoping for government regulation that diminishes your ability to work yourself and your family into solvency and regular groceries?

    You mean regulations that would see you making more money, with more benefits, with more rights against an employer that can let you go for any reason at any time?

    1. Re:corporatist bootlicking by Anonymous Coward · · Score: 0

      No, he means the regulations that would leave him unemployed.

    2. Re:corporatist bootlicking by Uberbah · · Score: 1

      Which is libertarian whackjobbery. Regulations, particularly a high minimum wage, means more jobs, not less.

    3. Re:corporatist bootlicking by Anonymous+Cow+Ward · · Score: 1

      Regulations, particularly a high minimum wage, means more jobs, not less.

      That is certainly not true as an absolute statement, and very likely not true within the context of Uber. Higher-quality jobs, possibly, depending on the regulations.

      --
      Examine even your most deeply held beliefs. Nobody is always right.
    4. Re:corporatist bootlicking by Uberbah · · Score: 1

      Sure it is. A higher minimum wage means more people have more money to spend, on things like hailing an Uber unlicensed taxi instead of walking or taking the bus.

    5. Re:corporatist bootlicking by Anonymous+Cow+Ward · · Score: 1

      I wasn't talking about minimum wage necessarily, but more about regulations in general.

      --
      Examine even your most deeply held beliefs. Nobody is always right.
    6. Re:corporatist bootlicking by Uberbah · · Score: 1

      Regulations in general mean companies have to hire more workers because making their staff work 90 hour weeks would get cost prohibitive with overtime, FDA regulations create an entire industry of drug and device testing, etc. The only regulations I can think of that would lead to actual job losses would be for companies that should go die in a fire anyway, like payday loan sharks.

    7. Re:corporatist bootlicking by Anonymous+Cow+Ward · · Score: 1

      Regulations can also put many companies out of business by imposing tariffs, higher taxes, or higher environmental standards. Those things might be worthwhile, but they'll still lead to job losses. Also, even if regulations are written with good intentions, there's the chance that they'll have a completely different effect that costs jobs.

      --
      Examine even your most deeply held beliefs. Nobody is always right.
  25. Re:Think we're going to get a legal definition soo by dryeo · · Score: 1

    How are people going to pay for housing at 20-30 hours a week? $30 an hour might cover a room if they can find one. Then there is the problem that the essential stuff is getting more expensive. Sure toys are getting cheaper but if you have no money left after buying the necessaries...

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  26. Don't confuse pointless social issues by rsilvergun · · Score: 1

    with economic ones. On anything that really matters (the economy) the media is hard right. Especially CNN, MSNBC, NBC ABC CBS. Once in a blue moon the Post or Times gets to run some left wing economics, usually with a well known lefty guest editor. But even they don't do reports on stuff that matters.

    And yes, right wing identity politics are a thing. They convince white men they have a "culture" instead of an economic future to defend. Antifa is a made up bit of nonsense sold to you so you'll forget about all those pesky economic issues and focus on an imaginary boogyman out to steal your rights. America is divided because the ruling class _wants_ us to be divided. Don't be fooled. Join the rest of your working class brothers and lets fix this.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Don't confuse pointless social issues by DNS-and-BIND · · Score: 1

      What, so you can call me deplorable? No thanks. I don't want my skull caved in by a bike lock. Banish the identity politics and we might be able to talk - but I doubt it. There's just too much to lose, and the demonization of ordinary Americans for the crime of being ordinary has just gone too far. The tipping point was years ago. Remember that NASA scientist who got ripped a new asshole for wearing a shirt the Left didn't like? Who cared that he was announcing that humanity just landed on a comet? Get rid of that bullshit very loudly and publicly. Get rid of the Twitter CEO who endorses a cold civil war. Then we might be able to talk.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    2. Re:Don't confuse pointless social issues by Anonymous Coward · · Score: 0

      What, so you can call me deplorable?

      If you buy Black Rifle Coffee with your Freedom Checks, you might be a deplorable.

    3. Re: Don't confuse pointless social issues by q_e_t · · Score: 1

      You seem convinced that the left is some homogenous group. It's not. Neither is the right homogenous.

  27. Dead serious by rsilvergun · · Score: 1

    they fool white men into railing against a few loud and mean spirited feminists while they're laughing at you all the way to the bank. They're making fools of you and me. We trade our economic future for the promise of some nebulous cultural victory.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Dead serious by Anonymous Coward · · Score: 0

      They also fool the non-white and the non-men into doing the exact same thing, but make it look virtuous.

    2. Re:Dead serious by Anonymous Coward · · Score: 0

      All this left-wing identity bullshit isn't just being pushed by some fringe actors. It's central to the left as a whole: from mainstream journalists, to politicians, to Hollywood. It's permeating everything: whether it's entertainment media, employment or education. The left preaches diversity above all which has become the most racist and sexist ideology in a long time.

  28. Interesting idea. Uncertainty could be an issue by raymorris · · Score: 1

    That's an interesting idea. Sometimes there is only one driver nearby and as a customer the uncertainty would be a turn off. I like to be able to plan on using Uber. I would think the bidding would also be less desirable for drivers, who prefer some predictability (they already don't know how many people will be wanting rides, if they'll get much business). So I think Uber makes it better for both drivers and passengers by setting some predictable, standard pricing. I wonder if there is a way to get "the best of both worlds", giving drivers more control, while maintaining some predictability.

    1. Re:Interesting idea. Uncertainty could be an issue by swillden · · Score: 1

      If you are frequently in places that there is only one driver nearby, then you already have uncertainty. Zero is very close to one, so you must frequently be in areas where there are no drivers nearby. I suspect this is a sort of search bias at work; your definition of "nearby" ends up being defined by where the closest driver is; you stop zooming out when you see one.

      If it were necessary (and I doubt it would be), your concern could be addressed by defining price limits that kick in if there are too few drivers in an area for competition to operate well. These should be relatively high, to encourage drivers to seek out underserved areas, giving riders greater certainty that they can get an Uber most anywhere, if at a higher (but not unbounded) price.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  29. Re:Think we're going to get a legal definition soo by Khyber · · Score: 0

    "Subcontracting is one of those criteria, but no single factor is either necessary nor sufficient to make the determination."

    How many times in this thread are you going to write "X is one of those criteria, but..." before you get the fucking point that they are very clearly not independent contractors?

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  30. Re: Think we're going to get a legal definition so by Anonymous Coward · · Score: 0

    This is why sane countries have unions, not the corrupt ones either.

  31. Re:Think we're going to get a legal definition soo by Maxo-Texas · · Score: 2

    All kinds of odd things happened...

    but for most companies 29 hours was too disruptive.

    https://fivethirtyeight.com/fe...

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  32. Uber is evil by Anonymous Coward · · Score: 0

    don't like the rules, break them, use people, ruin lives ... just another soulless multinational corporation

  33. Re:Think we're going to get a legal definition soo by mysidia · · Score: 1

    So long as the "contractor" loophole exists companies are going to use it ---- what we need is some FLSA rules for contractors including:

    Illegal to pay less consideration on any contract work than the minimum total number of cumulative man-hours of labor necessary to perform whatever work was completed pursuant to the contract X minimum wage X 2.

  34. Re:Think we're going to get a legal definition soo by mysidia · · Score: 1

    Also, even if the IRS classifies it as an employee relationship for Tax Purposes; that does not mean it is true for FLSA purposes.

  35. While I agree with the opinion on Republicans... by Anonymous Coward · · Score: 0

    The Democrats are *NOT* for all the things you mentioned. They are just for a different kind of pork. Single payer pork for the insurance industry (which along with the entertainment industry enjoy the subsidization that D's often provide.)

    Furthermore, outside of Ron Wyden, the democrats have been just as enthusiastic about pushing anti-privacy laws, crippling or abolishing encryption, etc as the Republicans. The only time they voice dissent is when they're making a play to regain the majority in the senate, or the presidency. Outside of that both parties are so collusive and an affront to the ideals of this nation that they need to be purged in fire, since thanks to their support of collusion between the law enforcement and judicial branches of government there is no longer any chance of enough of them being brought up on criminal charges to change the system from within. Purge them all and let the next election cycle sort the government out. Until then it is just the right hand washing the left and vice versa.

  36. Re:Think we're going to get a legal definition soo by TheRaven64 · · Score: 1

    Bingo. The problem here is not that Uber drivers are considered self-employed contractors, it's that treating them as such removes a bunch of responsibilities from Uber. This hasn't mattered in the past, because self employment was traditionally something that only people in skilled trades or professions did. We recently hired a self-employed carpenter. He set his own price and I think he makes a pretty good living at it because his skills are in demand. The balance of power in negotiations between payer and payee is tilted towards the contractor there, because his skills are in sufficient demand that he can turn down work. I was self employed for about five years working for companies across the world and I frequently turned down work that didn't sound fun (or put my price up so much that either they client decided to go with someone else or I got to take a few months off after doing the work for them).

    I believe that the key differentiator between someone who is beneficially self employed and someone who is self employed because they're being exploited is whether they can afford to turn down work. If an Uber driver can decide Uber isn't paying enough and make a reasonable amount of money driving only for Lyft, then they may be beneficially self employed. If they can't, then worker protections for self employed individuals need tightening.

    --
    I am TheRaven on Soylent News
  37. Re: Think we're going to get a legal definition so by Anonymous Coward · · Score: 0

    The cost of housing (rent, and capital values, even translating to mortgage outlay, even with low interest rates), has generally increased over the last twenty years. In the USA healthcare costs have also gone up significantly. It seems unlikely that people will be able to sustain themselves with 20 hours in minimum wage, given that two people working 40 hours each seems to be more the requirement

  38. Re:Think we're going to get a legal definition soo by lgw · · Score: 1

    Perhaps, just maybe, the federal judge actually read the law? You might consider that a full-time professional who makes a living studying something might be right where your "very clearly" is wrong, especially if you've never even read the law.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  39. Re: You're falling for right wing identity politic by Anonymous Coward · · Score: 0

    Your post can be simplified as:
    "I am a lazy shit and assume everyone else must be too. That's why people must be allowed to starve or we would all ruin the world."

    Guess what, i would still develop software and build stuff that is hard even if burger flipping paid the same. Because I would rather do that than flip burgers. We are not all lazy shits and we are productive enough to carry dead weight like yourself if you would get out of our way. People with your attitude at work who are only there for a check generate anti-work, which we have to undo before we can make actual advances.

    I say free basic cable, internet and single room efficient apartments for all who want them, with generally reversible vasectomies to handle the inevitable irrational slippery slope sustainability argument.

  40. Re: You're falling for right wing identity politic by Anonymous Coward · · Score: 0

    You should go tell your boss you're willing to write software for burger flipping prices. He can fix the uneven distribution just as easily as McDonald's can.

  41. OK... by tsqr · · Score: 2

    The drivers work when they want to and are free to nap, run personal errands, or smoke cigarettes in between rides

    Sounds like some of the employees of the company I work for.

  42. Re: Think we're going to get a legal definition so by kurkosdr · · Score: 1

    I can't wait for HR departments in companies to be replaced by apps (that will also monitor workers 24/7) so employees classify as "contractors". ...aand we are back to the gilded age.

  43. Re:Think we're going to get a legal definition soo by monkeyxpress · · Score: 1

    If you want to ensure that gig economy workers have the best wages and conditions, make sure that there are a large number of gig economy service providers competing with each other.

    You do realise that conjuring up enough demand for workers has been a little bit of a problem for almost every country in the world since this thing called the 'great recession'. These are not developers earning $500 a day. They are low skill workers who are competing with robots, and the robots are getting better.

  44. UK Ruling Would Disagree by oh_my_080980980 · · Score: 1

    Uber loses appeal in UK employment case / Company must treat its drivers as ‘workers’, tribunal rules https://www.ft.com/content/84d...

  45. Re:Think we're going to get a legal definition soo by mjwx · · Score: 1

    If you want to ensure that gig economy workers have the best wages and conditions, make sure that there are a large number of gig economy service providers competing with each other.

    I dont think you get how this "gig economy" is meant to work.

    The workers... erm... Contractors aren't meant to get the best wages and/or conditions. The system is designed to transfer costs from the employer to the employee... erm... contractor whilst paying them a less than liveable wage in order to ensure the company can make as much money as possible (which also isn't happening).

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  46. Uber drivers are "contractors" and here's why... by PortHaven · · Score: 1

    Because, if Uber drivers are NOT "contractors" and are in fact employees, the effect will be devastation upon the U.S. government. Nearly ALL government agencies employ "contractors". Yet these contractors nearly always are prescribed where to work, when to work, what machines to use, what software to use, etc, etc, etc, etc.

    There is essentially, a bulti-billion dollar can of worms that will be opened by legally defining Uber drivers as employees. And while a few state agencies and the like may want that definition, there are trillion dollar corporations like Lockheed-Martin, Northrop Grumman, etc. that would face huge losses if such a designation were applied. And seriously, Uber of almost any company best fits contract work.

    > you choose when and where
    > you use your own vehicle

    Honestly, Uber is merely a "broker".

  47. I might have missed it... by Type44Q · · Score: 1
    I might've missed it but I didn't see a single post that indicates awareness that these are UberBlack drivers who are already limo company employees (as well as California-regulated commercial drivers).

    All of you who thought Uber would be your ticket to riches... and are now resentful that you put extra miles on your new riceburner - in return for finding out that you're nowhere as cool, competent and charismatic as you had thought (those ratings can sure be revealing!) - stand down; this is not your mother's Uber.

  48. Re:Think we're going to get a legal definition soo by Lord+Bitman · · Score: 1

    Slums 2.0 will involve apps that help people pool together enough money to rent a building, and rather than having "personal" living-space, will optimise room availability on a minute-by-minute basis

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  49. IF Uber = Employees THEN Economy = Recession by PortHaven · · Score: 2

    Thousands of Americans (and nearly as many H1B Visa holders) are employed as contractors at government agencies.

    - They do not get to choose their work locations
    - They do not get to choose when or what days they work
    - They are required to use specific workstations
    - They do not get to choose what tools or software they use
    - They rarely have any lattitude in initiative or judgment of their work
    - They often spend years, even a decade working on the same contract
    - They often perform identical work as the agency employees

    "You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done)."

    If this is the case, nearly ALL the contractors utilized by U.S. government agencies are in fact, disqualified. And this is why, I really don't think they will crack open that can of worms with Uber. Because the spoiled jam that would be released would literally cause a recession.

  50. Re:Think we're going to get a legal definition soo by Anonymous Coward · · Score: 0

    UANAL.
    u also don't have any idea what you are talking about.

  51. Re: Think we're going to get a legal definition so by Anonymous Coward · · Score: 0

    I love that you think you're more knowledgeable than a federal judge about federal law.

    You are literally and demonstrably wrong, and are posting under an article that explicitly tells you just how fucking stupid and wrong you are.

  52. Re:Think we're going to get a legal definition soo by dryeo · · Score: 1

    Could be, there are places where families of 5 live in 40 sq ft.

    --
    https://en.wikipedia.org/wiki/Inverted_totalitarianism
  53. Re:Think we're going to get a legal definition soo by iamhassi · · Score: 1

    Or maybe the whole "gig economy" was just a fad that was not going to be sustainable for anybody---something that could tide you over in 2009 when you were laid off and couldn't find a new job in the "recovery," but nothing you would want to do as a career.

    As someone who started a gig economy website in 2009 that is still growing and profitable (unlike Uber) in 2018 I can attest that it is not a fad, at least not in my market.

    --
    my karma will be here long after I'm gone
  54. Tale of two cities by thunderclees · · Score: 2

    Across the pond Uber has employees rather than independent contractors.
    Perhaps it is easier to buy an American judge?
    British panel rules Uber drivers are employees, not contractors

  55. Re:Think we're going to get a legal definition soo by iamhassi · · Score: 1

    A properly run gig economy business takes the money from the rich company that gave the employees a tiny salary and gives it directly to the employee, cutting out the middle man. If properly run, gig economy businesses do not need offices, buildings or employees, everything can be done through a webpage or app, and even development, marketing and support can be done through gig economy, so everyone is working for themselves at rates they believe are fair.

    --
    my karma will be here long after I'm gone
  56. Re:Think we're going to get a legal definition soo by iamhassi · · Score: 1

    Actually gig economy came to software developers first with sites like freelancer.com

    --
    my karma will be here long after I'm gone
  57. Re:Think we're going to get a legal definition soo by iamhassi · · Score: 1

    How many times in this thread does he have to write "X is one of those criteria, but..." before you get the fucking point that they are very clearly independent contractors?

    Fixed that for you. They're very clearly independent contractors. They work the hours they want on the days they want for the pay they want. Doesn't get much more independent than that.

    --
    my karma will be here long after I'm gone
  58. LOL "Zero is very close to one" by raymorris · · Score: 1

    "Zero is very close to one" - that's true! Lol

    Price limits could be a good idea. Maximum prices would protect riders (and Uber's reputation). Minimum prices would prevent math-challenged drivers from losing money by pricing themselves lower than the cost of gas, tires, and mileage, thereby making it impossible for drivers to make money, and again damaging Uber's reputation.

    In an ideal economy, we wouldn't need to protect drivers who can't (or don't) do simple arithmetic, but in America I'm afraid we do.

    1. Re:LOL "Zero is very close to one" by swillden · · Score: 1

      Meh. I don't think we do need to protect such drivers. Not for long, anyway.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  59. I'm a public school graduate by OrangeTide · · Score: 1

    I'm about ready to give up on auto-correct, since I'm obviously never going to start proof reading my own work.

    --
    “Common sense is not so common.” — Voltaire
  60. Re:While I agree with the opinion on Republicans.. by Anonymous Coward · · Score: 0

    He didn't say "The Democrats are about ... ." He said "The American left is about ... ."

  61. Re:Think we're going to get a legal definition soo by hazardPPP · · Score: 1

    If you want to ensure that gig economy workers have the best wages and conditions, make sure that there are a large number of gig economy service providers competing with each other.

    I dont think you get how this "gig economy" is meant to work. The workers... erm... Contractors aren't meant to get the best wages and/or conditions. The system is designed to transfer costs from the employer to the employee... erm... contractor whilst paying them a less than liveable wage in order to ensure the company can make as much money as possible (which also isn't happening).

    Exactly.

    Historically, post-WWII, in the West, "gig jobs" mostly fell into two broad categories:

    1) High-skilled, well-paying jobs for which there was comparatively a lot of work and a limited supply of skilled labour. This includes both plumbers and freelance programmers. People would go the contractor or "gig" route because they could make more money than working as an employee for someone else in the same field of work. Here, the line between "gig" and "small business" (where does one end, and the other begin?) is often blurred.

    2) High-skilled (well, not necessarily, or without necessarily an objective measure of what "skill" is) occupations where overall (sometimes pent-up) demand might be high, but where the payoffs are highly asymmetric and distributed. This includes people like musicians, writers, artists, etc. At the same time, the supply of labour is potentially quite large, but the distribution of skill (or "skill") within that labour supply is highly concentrated in a few individuals which are difficult to identify, all mixed in with a large dose of randomness. So things don't lend themselves to a neat employer-employee relationship (at least not for the vast majority of job-seekers in these fields).

    What we have now with Uber and the like fits into neither of those two categories. We have, essentially, old-fashioned low-skilled "piece work". It's no different than low-skilled physical workers idling around in city squares in the late 19th century waiting for someone to pick them for a day's (or a few days' if they were lucky) work, to go dig ditches, clean up trash, carry heavy loads, or whatever - then be paid for that day's work at the end, only to find themselves idling in the square again tomorrow. Perhaps for days, or weeks. While this was great for employers of low-skilled labourers, it was crap for the labourers themselves. No wonder unions and all of that came out of that, along with a whole bunch of leftist political ideology.

  62. I agree, but.... by sentiblue · · Score: 1

    Yeah of course they are contractors... they get to decide their own working schedule and everything. But for God's sake, increase the fare a little bit, allow them to keep more percentage so they can make some decent money. I'm a frequent user (10 times a week) and I won't mind a little higher fare. I have a cousin who drives for Uber and I did some careful calculation of his earning over 3 months... he makes equivalent to minimum wage.

    1. Re:I agree, but.... by Anonymous Coward · · Score: 0

      Ok, he makes minimum wage, good to know,
      and this exactly what he should be making,
      people working unskilled jobs (jobs not requiring separate school/college, or jobs that most people can do like driving in this case) are supposed to make minimum wage

      so if you work in general store/Target, fast food/McDonalds, or deliver stuff/pizzas or drive taxi or drive Uber/Lyft, or cut grass/maintain pool, or clean houses/offices, or anything else with no special skill or training requirements you are supposed to get minimum wage, that is what minimum wage means

      while technically true that you still need some training to work in Mcdonalds or Target, it is very short on job training lasting few hours/few days and its on the job/paid, and in case of taxi/uber/delivery jobs longer training for driving is required but 99% of people already have it so its as much training as writing or reading

      sorry for my bad english i live in europe not usa

  63. Re:Think we're going to get a legal definition soo by Khyber · · Score: 1

    I actually meant to say "They are NOT independent contractors" but somehow that got removed from my post.

    This is a federal judge in ONE AREA OF THE COUNTRY. There are plenty of contrary rulings otherwise across the country, including other companies like Papa John's which tried the same bullshit, and lost.

    I would probably know more because I was ACTUALLY INVOLVED in several of these suits from several companies that have tried this crap. And every last one of them lost.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  64. Re:Think we're going to get a legal definition soo by Khyber · · Score: 1

    Wait, no it didn't get removed. Derp my speed reading on large amounts of caffeine. Whatever, the point itself still stands. I've already been in cases where precedent was established. This judge is clearly trying to ignore it.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  65. Re:Think we're going to get a legal definition soo by Anonymous Coward · · Score: 0

    It's not a loophole ... My employer would NEVER classify me as a contractor because they are too concerned about whether I'm in my cube at 9am and whether I sent an email and cc'd the right people if I'm not going to be there.

    Uber drivers quack like contractors and act like contractors, so they are contractors. I quack like an employee and am forced to act like an employee, therefore I'm an employee.

    If you're so concerned about Uber taking advantage of you, then sign up to be a taxi driver instead, or a bus driver employee for one of those public transport or tour agencies.

  66. Re:Think we're going to get a legal definition soo by lsatenstein · · Score: 1

    To be an independent contractor, the contractor has to bill UBER for services rendered.
    And that would make UBER a corporation that makes a profit thoughcontracting.
    If so, then UBER needs to pay appropriate taxes as a corporation offering a service.

    Oh well, Just wait it out to see if I am wrong about contractor/employer/
    Uber will pay them for services rendered.

    --
    Leslie Satenstein Montreal Quebec Canada
  67. Re:Think we're going to get a legal definition soo by lgw · · Score: 1

    Sure, you've studied law far deeper than the federal judge who's been doing it for decades. What is it with these 5-minute-experts on Slashdot?

    --
    Socialism: a lie told by totalitarians and believed by fools.
  68. It's all better than doable by rsilvergun · · Score: 1

    Medicare for all saves us $17 trillion in the next 10 years.

    College for all gives us an educated workforce, which unless you're all about the H1-B visas we need. An educated workforce is also one that thinks critically and is much less likely to to terrible things like pointless wars leading up to genocides and the like.

    A living wage is what everyone is due. Roosevelt said it better than I ever could And we don't need to cut spending on social programs. We need to end illegal wars and stop letting the 1% have the entirety of civilization's bounty. Again, remember that $17 trillion in savings from Medicare for all? We could pay off the national _debt_ with that.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  69. Re:Think we're going to get a legal definition soo by Anonymous+Cow+Ward · · Score: 1

    Do Papa John's delivery drivers get to set their own hours and turn down jobs if they feel like it? Are they paid an hourly rate or is it by number and length of delivery?

    --
    Examine even your most deeply held beliefs. Nobody is always right.