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Another thing. Do Uber drivers not agree to terms that specify that they are contractors, not employees. They may think that they should be classified as employ

by zucoug 10y ago

Another thing. Do Uber drivers not agree to terms that specify that they are contractors, not employees. They may think that they should be classified as employees, but why does that matter if they made an agreement with Uber to act as a contractor. I don't see how they have any case for damages if they agreed to be contractors under their own volition.

tyingq 10y ago
At least in the U.S., it doesn't work that way. The classification isn't a matter of contractually agreeing to it. It's driven by the nature of the relationship, and the degree of control and independence. https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Self-Employed-or-Employee https://www.irs.gov/Businesses/Small-Businesses-&-Self-Emplo...
- zucoug 10y ago
  Oh I see. That does change things then
curried_haskell 10y ago
To me this actually reflects the opposite. There is no contract negotiation, just a click-wrap agreement the terms of which are dictated to drivers by Uber. Prices and policies are dictated by Uber. Fees are collected and paid out by Uber. Drivers can be dropped unilaterally by Uber. Everything about this screams employer/employee relationship. Uber wants the benefits of being an employer, but none of the costs or responsibilities. They're going to ride their way to the top on the backs of their workers--get rich now and pay a few fines later. Justice will never be served for Uber.
- viscanti 10y ago
  But it's more complicated than that right? I see a lot of Uber drivers also using competing apps. I don't see employees in any other industry working for two employers at the same time.
  - tyingq 10y ago
    People working two part time jobs is extremely common, and has been for ages.
gozur88 10y ago
Contract law is all about the rights you cannot sign away. You can sign a contract agreeing you are, in fact, a Gibbon monkey, but that doesn't make it true and it doesn't strip you of any rights a human has.
- CPLX 10y ago
  > You can sign a contract agreeing you are, in fact, a Gibbon monkey, but that doesn't make it true Indeed. I learned this the hard way.
- takno 10y ago
  So the whole "pay peanuts, get monkeys" thing now has the additional problem that the monkeys will sue you for a fair wage, and possibly more tyres on ropes in their enclosures?
dragonwriter 10y ago
A contract cannot change status under labor laws unless the applicable labor law says they do. If labor law, given the way the relation between then abd the employing firm works, says they are an employee, then a contract term saying they are something else is irrelevant.

by zucoug 10y ago

tyingq 10y ago

At least in the U.S., it doesn't work that way. The classification isn't a matter of contractually agreeing to it. It's driven by the nature of the relationship, and the degree of control and independence. https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Self-Employed-or-Employee https://www.irs.gov/Businesses/Small-Businesses-&-Self-Emplo...

zucoug 10y ago
Oh I see. That does change things then

curried_haskell 10y ago

To me this actually reflects the opposite. There is no contract negotiation, just a click-wrap agreement the terms of which are dictated to drivers by Uber. Prices and policies are dictated by Uber. Fees are collected and paid out by Uber. Drivers can be dropped unilaterally by Uber. Everything about this screams employer/employee relationship. Uber wants the benefits of being an employer, but none of the costs or responsibilities. They're going to ride their way to the top on the backs of their workers--get rich now and pay a few fines later. Justice will never be served for Uber.

viscanti 10y ago
But it's more complicated than that right? I see a lot of Uber drivers also using competing apps. I don't see employees in any other industry working for two employers at the same time.
- tyingq 10y ago
  People working two part time jobs is extremely common, and has been for ages.

gozur88 10y ago

Contract law is all about the rights you cannot sign away. You can sign a contract agreeing you are, in fact, a Gibbon monkey, but that doesn't make it true and it doesn't strip you of any rights a human has.

CPLX 10y ago
> You can sign a contract agreeing you are, in fact, a Gibbon monkey, but that doesn't make it true Indeed. I learned this the hard way.
takno 10y ago
So the whole "pay peanuts, get monkeys" thing now has the additional problem that the monkeys will sue you for a fair wage, and possibly more tyres on ropes in their enclosures?

dragonwriter 10y ago

A contract cannot change status under labor laws unless the applicable labor law says they do. If labor law, given the way the relation between then abd the employing firm works, says they are an employee, then a contract term saying they are something else is irrelevant.