3 ms·

> But they also aren't a totally independent contractor either as their livelihood is so closely tied to the platform of a private entity. Does this also mean

> But they also aren't a totally independent contractor either as their livelihood is so closely tied to the platform of a private entity. Does this also mean that, say, an iOS developer could be considered an employee of Apple due to their livelihood being closely tied to that platform?

pnw_hazor 8y ago
Sure, why not. Especially since Apple forces indie IOS devs to provide their service via the App Store and takes a cut and enforces a bunch of rules and regs about what it takes to be allowed to be in the store in the first place.
- scarface74 8y ago
  Does that mean all console app makers should also be employees of Sony, Microsoft, and Nintendo since you either have to sell your app digitally through their store or even if you sell your app on a physical disc it still has to be approved by the platform owner and they get a cut.
- msla 8y ago
  OK, if they're employees, can they be fired? Can they be fired based on workplace policies, like "no long hair on men" or "no discussion of politics on social media"? How would that interact with state employment laws, which may or may not recognize a different mix of protected classes?
  - candiodari 8y ago
    You know we do have labor laws. You're acting as if we're going to rewrite them from scratch. So, given current laws: 1) "no long hair on men" - yes, if presentation is reasonably considered important (which I would say it probably is). Obviously not without a few warnings. 2) "no discussion of politics on social media" - no, you can't fire for this. Also, the IRS has rules about when someone is an employee versus contractor: https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation https://www.irs.gov/newsroom/understanding-employee-vs-contr... Whilst they are open to interpretation to some degree, I would say that Uber drivers are clearly employees, as the degree of behavioral and financial control Uber has is extreme, and Uber provides benefits (insurance), and the relationship is indefinite, and Sony game publishers (aside from the obvious difference in size, which makes the argument entirely ridiculous) are contractors.

pnw_hazor 8y ago

Sure, why not. Especially since Apple forces indie IOS devs to provide their service via the App Store and takes a cut and enforces a bunch of rules and regs about what it takes to be allowed to be in the store in the first place.

scarface74 8y ago
Does that mean all console app makers should also be employees of Sony, Microsoft, and Nintendo since you either have to sell your app digitally through their store or even if you sell your app on a physical disc it still has to be approved by the platform owner and they get a cut.
msla 8y ago
OK, if they're employees, can they be fired? Can they be fired based on workplace policies, like "no long hair on men" or "no discussion of politics on social media"? How would that interact with state employment laws, which may or may not recognize a different mix of protected classes?
- candiodari 8y ago
  You know we do have labor laws. You're acting as if we're going to rewrite them from scratch. So, given current laws: 1) "no long hair on men" - yes, if presentation is reasonably considered important (which I would say it probably is). Obviously not without a few warnings. 2) "no discussion of politics on social media" - no, you can't fire for this. Also, the IRS has rules about when someone is an employee versus contractor: https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation https://www.irs.gov/newsroom/understanding-employee-vs-contr... Whilst they are open to interpretation to some degree, I would say that Uber drivers are clearly employees, as the degree of behavioral and financial control Uber has is extreme, and Uber provides benefits (insurance), and the relationship is indefinite, and Sony game publishers (aside from the obvious difference in size, which makes the argument entirely ridiculous) are contractors.