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> I just find it hard to follow the logic to how that makes them employees. The IRS has guidelines: http://www.twc.state.tx.us/news/efte/appx_d_irs_ic_test.htm

by sedachv 10y ago

> I just find it hard to follow the logic to how that makes them employees. The IRS has guidelines: http://www.twc.state.tx.us/news/efte/appx_d_irs_ic_test.html http://www.twc.state.tx.us/news/efte/appx_d_irs_ic_test.html Arguments for drivers as employees: Behavioral Control 1a (the relevant argument I am making), 1b (Black drivers have specific types of cars), 1f Type of Relationship 11 > What I feel like uber has done is automated the process of hiring contractors for on the spot jobs. That is not true because Uber dictates the pricing. In fact you as the passenger are not hiring the contractor. If you look at it from a per-ride-transaction perspective it is actually one more reason why Uber drivers are employees (Financial Control 7, Uber limits the extent to which a driver can realize a profit on an individual ride). Looking at Uber drivers as being contracted by the passengers does not make sense.

mbrumlow 10y ago
All good points. Thanks. I had not considered that way before. I think 1a and 1f are the strongests points. I do feel 1b is a bit of a stretch. I don't think somebody becomes an employee because they require you to use a hammer and not a rock to push nails into wood when building a house. While that is not the best analogy I think you should be able to expect the contractor to show up to work with the right tools to do the job. I would really like to see a system that was more like a real time Angie's list. In such when ride request came in drivers made bids, and requesters could pick from the bids. The bids might also have information about distance from pickup location (or expected pickup ETA, along with price). Maybe have a default setting to pick lowest bidder and shortest ETA. But other things like car styles or types could be part of the system too. In any case thank you for your reply. You have given me some things to think about.
- sedachv 10y ago
  > I don't think somebody becomes an employee because they require you to use a hammer and not a rock to push nails into wood when building a house. While that is not the best analogy I think you should be able to expect the contractor to show up to work with the right tools to do the job. This is actually a relevant distinction for the building trades. A contractor will have their own nail gun with a brand-specific feeding system, or might even choose to use an impact driver in certain circumstances. When a construction firm requires all its subcontractors to have a particular model of nail gun that would be an argument for them being employees. > I would really like to see a system that was more like a real time Angie's list. In such when ride request came in drivers made bids, and requesters could pick from the bids. The bids might also have information about distance from pickup location (or expected pickup ETA, along with price). Maybe have a default setting to pick lowest bidder and shortest ETA. But other things like car styles or types could be part of the system too. This was how a lot of people expected Internet commerce to work in the early 1990s - the research term for it was agents/multi-agent systems. The passenger would have their agent put out a call for bids for a ride from one location to another. The driver's agents would reply with bids and the passenger agent would take the lowest one. The driver's agent would base the bid on some function that could take into account things like distance, predicted driving time based on current traffic conditions, predicted mileage cost based on MPG estimates based on data from the car's OBDII sensor data, etc. That would be a market system. Uber and Lyft are a duopoly from the point of view of passengers and monopsonies from the point of view of drivers.

by sedachv 10y ago

mbrumlow 10y ago

All good points. Thanks. I had not considered that way before. I think 1a and 1f are the strongests points. I do feel 1b is a bit of a stretch. I don't think somebody becomes an employee because they require you to use a hammer and not a rock to push nails into wood when building a house. While that is not the best analogy I think you should be able to expect the contractor to show up to work with the right tools to do the job. I would really like to see a system that was more like a real time Angie's list. In such when ride request came in drivers made bids, and requesters could pick from the bids. The bids might also have information about distance from pickup location (or expected pickup ETA, along with price). Maybe have a default setting to pick lowest bidder and shortest ETA. But other things like car styles or types could be part of the system too. In any case thank you for your reply. You have given me some things to think about.

sedachv 10y ago
> I don't think somebody becomes an employee because they require you to use a hammer and not a rock to push nails into wood when building a house. While that is not the best analogy I think you should be able to expect the contractor to show up to work with the right tools to do the job. This is actually a relevant distinction for the building trades. A contractor will have their own nail gun with a brand-specific feeding system, or might even choose to use an impact driver in certain circumstances. When a construction firm requires all its subcontractors to have a particular model of nail gun that would be an argument for them being employees. > I would really like to see a system that was more like a real time Angie's list. In such when ride request came in drivers made bids, and requesters could pick from the bids. The bids might also have information about distance from pickup location (or expected pickup ETA, along with price). Maybe have a default setting to pick lowest bidder and shortest ETA. But other things like car styles or types could be part of the system too. This was how a lot of people expected Internet commerce to work in the early 1990s - the research term for it was agents/multi-agent systems. The passenger would have their agent put out a call for bids for a ride from one location to another. The driver's agents would reply with bids and the passenger agent would take the lowest one. The driver's agent would base the bid on some function that could take into account things like distance, predicted driving time based on current traffic conditions, predicted mileage cost based on MPG estimates based on data from the car's OBDII sensor data, etc. That would be a market system. Uber and Lyft are a duopoly from the point of view of passengers and monopsonies from the point of view of drivers.