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This is not a good analogy. The plumber is free to set their own rates, an uber driver cannot. No one can unilaterally fire the plumber from 50% of the plumbi

by yojo 7y ago

This is not a good analogy. The plumber is free to set their own rates, an uber driver cannot. No one can unilaterally fire the plumber from 50% of the plumbing market. Uber or Lyft can ban a driver at any time for any reason. You probably didn’t order up your plumber through PlumbersRUs. If you did, they would almost certainly be an employee of that entity.

sokoloff 7y ago
Tow truck drivers are not employees of AAA.
lisper 7y ago
> The plumber is free to set their own rates, an uber driver cannot. Actually, they can. They can refuse any trip if it doesn't pay enough. The difference is that the existence of Uber and Lyft makes the market more efficient and transparent to the customer than the plumber market. > No one can unilaterally fire the plumber from 50% of the plumbing market. The fact that the driving market is consolidated doesn't change the underlying economic dynamic. A lawyer can be "fired" from 100% of the lawyering market by the ABA. But if I hire a lawyer that still doesn't make her an employee. > You probably didn’t order up your plumber through PlumbersRUs. Not yet. But even before Lyft and Uber, many (perhaps most) taxi drivers were independent contractors, not employees.
- wolco 7y ago
  If you hire a lawyer they could be your employee. If you hire a firm they are not. The difference is the firm can assign a junior to do all of the work and keep the senior for trial or face-to-face meetings. If you hired a person they can't really do that. Can I change the driver? If my wife uses my account is that allowed? Can I subcontract to my team? If not I'm an employee.
  - kortilla 7y ago
    >Can I change the driver? If my wife uses my account is that allowed? Can I subcontract to my team? If not I'm an employee. That’s not how that works. There is a reason they are called contractors. All kinds of stipulations about who will do the work can be loaded into a contract.
- FireBeyond 7y ago
  > They can refuse any trip if it doesn't pay enough. And refuse a few trips and you will be unable to get any trips at all.
  - lisper 7y ago
    Yes, that's how a free market works. If you aren't willing to sell at the clearing rate, you don't get any business. That has absolutely nothing to do with whether or not someone is an employee.
wolco 7y ago
At first I was on your side. The more I think about it I'm not sure. Not setting your own rates pushes them towards employees. The freedom to work for any platform at anytime pushes them to contractors. But I think we are missing the bigger point. Regardless of their status they deserve protection. All contractors should have additional protection.

by yojo 7y ago

sokoloff 7y ago

Tow truck drivers are not employees of AAA.

lisper 7y ago

> The plumber is free to set their own rates, an uber driver cannot. Actually, they can. They can refuse any trip if it doesn't pay enough. The difference is that the existence of Uber and Lyft makes the market more efficient and transparent to the customer than the plumber market. > No one can unilaterally fire the plumber from 50% of the plumbing market. The fact that the driving market is consolidated doesn't change the underlying economic dynamic. A lawyer can be "fired" from 100% of the lawyering market by the ABA. But if I hire a lawyer that still doesn't make her an employee. > You probably didn’t order up your plumber through PlumbersRUs. Not yet. But even before Lyft and Uber, many (perhaps most) taxi drivers were independent contractors, not employees.

wolco 7y ago
If you hire a lawyer they could be your employee. If you hire a firm they are not. The difference is the firm can assign a junior to do all of the work and keep the senior for trial or face-to-face meetings. If you hired a person they can't really do that. Can I change the driver? If my wife uses my account is that allowed? Can I subcontract to my team? If not I'm an employee.
- kortilla 7y ago
  >Can I change the driver? If my wife uses my account is that allowed? Can I subcontract to my team? If not I'm an employee. That’s not how that works. There is a reason they are called contractors. All kinds of stipulations about who will do the work can be loaded into a contract.
FireBeyond 7y ago
> They can refuse any trip if it doesn't pay enough. And refuse a few trips and you will be unable to get any trips at all.
- lisper 7y ago
  Yes, that's how a free market works. If you aren't willing to sell at the clearing rate, you don't get any business. That has absolutely nothing to do with whether or not someone is an employee.

wolco 7y ago

At first I was on your side. The more I think about it I'm not sure. Not setting your own rates pushes them towards employees. The freedom to work for any platform at anytime pushes them to contractors. But I think we are missing the bigger point. Regardless of their status they deserve protection. All contractors should have additional protection.