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> Whether the employees have been tricked into foregoing some of their rights because they think it's better due to marketing spin is irrelevant. I constantly

> Whether the employees have been tricked into foregoing some of their rights because they think it's better due to marketing spin is irrelevant. I constantly see the same argument over and over and over - they make their own hours, they use their own equipment, they can also work for Lyft, etc. Those are all traits of a contractor, but it doesn't defend all the practices that come with being an independent contractor. From the IRS website (http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Defined http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employ...): > The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. > 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). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed. It's pretty clear that Uber is controlling the details.

kbenson 11y ago
> I constantly see the same argument over and over and over - they make their own hours, they use their own equipment, they can also work for Lyft, etc. Those are all traits of a contractor, but it doesn't defend all the practices that come with being an independent contractor. Exactly. My point (in case it was unclear, as I was unsure if you were just reinforcing my point or misinterpreting it) is that just because a driver has "independent contractor" status which Uber argues drivers desire, it doesn't really mean anything if many of the actual benefits of being an independent contractor are removed. The labor laws regarding this are there for exactly this issue. A lot of companies try to reclassify employees as independent contractors because it's cheaper in many ways, so there are laws in place to prevent this abuse. Unfortunately, it seems every few years there's a new way to circumvent those laws which needs to be addressed.
- therobot24 11y ago
  > Exactly. My point (in case it was unclear, as I was unsure if you were just reinforcing my point or misinterpreting it) I was trying to reinforce it. > A lot of companies try to reclassify employees as independent contractors because it's cheaper in many ways Which is why i support Uber for using it - they have a good business model that is really changing the industry. I remember calling a taxi and maybe one showing up an hour later, now i can get a ride in minutes. > Unfortunately, it seems every few years there's a new way to circumvent those laws which needs to be addressed. Which is why i support the class action lawsuit against Uber for abusing it.

kbenson 11y ago

> I constantly see the same argument over and over and over - they make their own hours, they use their own equipment, they can also work for Lyft, etc. Those are all traits of a contractor, but it doesn't defend all the practices that come with being an independent contractor. Exactly. My point (in case it was unclear, as I was unsure if you were just reinforcing my point or misinterpreting it) is that just because a driver has "independent contractor" status which Uber argues drivers desire, it doesn't really mean anything if many of the actual benefits of being an independent contractor are removed. The labor laws regarding this are there for exactly this issue. A lot of companies try to reclassify employees as independent contractors because it's cheaper in many ways, so there are laws in place to prevent this abuse. Unfortunately, it seems every few years there's a new way to circumvent those laws which needs to be addressed.

therobot24 11y ago
> Exactly. My point (in case it was unclear, as I was unsure if you were just reinforcing my point or misinterpreting it) I was trying to reinforce it. > A lot of companies try to reclassify employees as independent contractors because it's cheaper in many ways Which is why i support Uber for using it - they have a good business model that is really changing the industry. I remember calling a taxi and maybe one showing up an hour later, now i can get a ride in minutes. > Unfortunately, it seems every few years there's a new way to circumvent those laws which needs to be addressed. Which is why i support the class action lawsuit against Uber for abusing it.