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In my book, if you can't determine the price for your service, you aren't a contractor, pure and simple. Uber determines the rates, sets their fees, supplies t
by turc1656 7y ago
In my book, if you can't determine the price for your service, you aren't a contractor, pure and simple. Uber determines the rates, sets their fees, supplies the clients, and has rules about how many times you can skip/pass on choosing to accept a fare. Uber basically controls every aspect of the entire process but let's people choose when they want to work. That "benefit" is thrown out to drivers so that Uber can try to claim they are "contractors" because they can choose when to work. I don't think that should be the only test - and for the states that have rules on how to define such things, most of them do not have that as the only test. Plus, I work for a large corporation and there are salaried people here who choose when to work and when not to work. Mostly the sales team than anyone else but it definitely exists. Similar story for real estate agents, financial planners and investment managers, etc. They are usually salaried employees of a firm who can set their own hours.
- jeffdavis 7y agoMaybe the answer is that they are neither contractors nor employees in the traditionally-understood form. But the criteria have to make sense in the context of the law. For instance, "unemployment" doesn't make much sense in the context of a driver who works for Uber and Lyft. And "minimum wage" doesn't make sense if the drivers are able to decline or cancel a request. So can you be more specific about what aspects of employment should apply to an Uber driver?
- IanCal 7y agoIn the UK we have "employee", "worker" and "self employed" basically. They define different rights for the worker, if the company wants more control it moves things towards employee. If they want fewer responsibilities then they have to give up some control (e.g. disciplinary procedures, setting the price, etc)
- username90 7y ago> Uber basically controls every aspect of the entire process but let's people choose when they want to work. No, the main benefit is that Uber doesn't choose who can drive, anyone can sign up and start driving. I don't see how you can classify them as employees without Uber having any selection criteria at all for the drivers except that they have a valid drivers licence. The workers choose to work at Uber, Uber didn't choose to employ the workers since Uber is open for all.
- 9HZZRfNlpR 7y agoWhat about drivers rating?
- username90 7y agoDon't you start driving before you get a drivers rating? So it is not a blocker for you to start working there. After that isn't the drivers rating just a way for riders to kick misbehaving drivers off the platform? So it is the riders who fire the drivers, not Uber.
- malandrew 7y agoThe company doesn't give out driver ratings. Other marketplace participants do.
- bprosnitz 7y agoI used to teach snowboarding as a contractor and had no choice over the price of my services. The resort set the price and I had to either accept or not work with them.