re: That Little Lawsuit Against Uber Just Got Bigger — And Could Take Them Down

Dude seriously frick these pieces of shite if this takes Uber down or causes the rates to rise and the pay to drop.

They don't have to be drivers. And frick the courts for going along with this bullshite.

I'm an Uber driver and I love it. There's no reason to frick a company because some PMSing entitled dipshits cry and bitch about a company.

Yeah I'm mad.

I have friends who drive for Uber as second jobs when they're bored and they love it too. You're not forced to work, you set your own hours, Uber takes a cut and you get a cut.

I don't see how this isn't an independent contractor. I've worked in much, much more controlling situations where I was labeled an IC

Of topic, but I think it's bullshite that Orlando airport banned uber. A taxi from MCO to hotel by Disney is $60. Uber would be like $20

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but in Uber's case, they pretty much pass the IC test with flying colors,

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I'm not a high speed low drag lawyer like you Jake but this is what the article states. Doesn't seem from that perspective atleast it's as cut and dry as you make it to be.

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The charge of misclassification of employees is complex legal issue — it hinges on what degree of control the company exercises over workers. In California, the primary test, according to the California Department of Industrial relations, is whether the employer — in this case Uber — "has control or the right to control the worker both as to the work done and the manner and means in which it is performed."

Employee classification is decided on a case-by-case basis, and courts draw upon prior lawsuits, as well as regulatory decisions to decide whether a set of workers are contractors or employees. This summer, in a sign that California regulators may favor Liss-Riordan's position, the California Labor Commission ruled Uber driver Barbara Ann Berwick was indeed an employee of the company and not a contractor. "Without [her] Uber would not exist," the commission said in a ruling that granted Berwick over $4,000 in expense reimbursements.

Drawing on the same logic as the labor commission, Liss-Riordan has argued that since Uber can fire its drivers, compel them to accept a certain portion of rides, and enforce workplace standards, it effectively operates as an employer under California law.

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Doesn't Uber's payment algorithm calculate miles driven at a certain rate per mile? That's exactly how IC are paid for gas and maintenance for their vehicle. You're required to have insurance anyway.

I think the IRS billing rate for mileage is 58.5 cents/mile and I know Uber drivers are easily clearing that before tips.

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i don't think Uber makes THAT much money right now

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isnt their valuation at $51 BILLION right now ?

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. Doesn't seem from that perspective atleast it's as cut and dry as you make it to be.

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i've already explained the motivation behind this ruling (and other similar rulings). this is a power grab by authoritarians

nothing more

US Labor 6-part test:

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The six factors or questions in the “economic realities” test include:

Is the Work an Integral Part of the Employer’s Business?
Does the Worker’s Managerial Skill Affect the Worker’s Opportunity for Profit or Loss?
How Does the Worker’s Relative Investment Compare to the Employer’s Investment
Does the Work Performed Require Special Skill and Initiative?
Is the Relationship between the Worker and the Employer Permanent or Indefinite?
What is the Nature and Degree of the Employer’s Control?

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the IRS has a 20-part test

it mostly centers around the control the "employer" has over the contractor/employee

20 factor test

i won't go through all but i'll post some examples that are very related to Uber

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Level of instruction. If the company directs when, where, and how work is done, this
control indicates a possible employment relationship.

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clearly more UC than employee

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Extent of personal services. Companies that insist on a particular person performing the work assert a degree of control that suggests an employment relationship. In contrast, independent contractors typically are free to assign work to anyone

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very heavy towards UC

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Continuity of relationship. A continuous relationship between a company and a worker indicates a possible employment relationship. However, an independent contractor arrangement can involve an ongoing relationship for multiple, sequential projects

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UC

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Flexibility of schedule. People whose hours or days of work are dictated by a company are apt to qualify as its employees

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clearly UC

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Demands for full-time work. Full-time work gives a company control over most of a
person's time, which supports a finding of an employment relationship

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UC

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Need for on-site services. Requiring someone to work on company premises— particularly if the work can be performed elsewhere—indicates a possible employment
relationship

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UC

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Method of payment. Hourly, weekly, or monthly pay schedules are characteristic of
employment relationships, unless the payments simply are a convenient way of distributing a lump-sum fee. Payment on commission or project completion is more characteristic of independent contractor relationships.

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UC

etc etc etc

you get the picture

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isnt their valuation at $51 BILLION right now ?

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valuation, esp in tech, has little to do with realization of profits at the moment. hell amazon is worth a lot more than Uber and doesn't realize much in terms of profits and it's been around almost 20 years

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SlowFlowPro

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< just took a BA exam