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Does this reasoning mean that all waiters are independent contractors? They collect cash directly from the customer and reserve a portion of that before passin
by munk-a 7y ago
Does this reasoning mean that all waiters are independent contractors? They collect cash directly from the customer and reserve a portion of that before passing it on to their employer (the tip) - taxi drivers (who are members of a firm) due end up paying the firm dues for the service of having a pooled call center and possibly maintenance services.
I think trying to determine if someone is an employee based on if they receive cash from customers is a pretty arbitrary line that seems to exclude some pretty valid definitions of independent contractors like temporary workers and sales consultants.
- chrisseaton 7y agoWaiters can be employees of a restaurant. Who can taxi drivers be an employee of?
- munk-a 7y agoThe dispatch company - the company which, generally, has their name painted on the side of the taxi.
- chrisseaton 7y agoI don’t think most taxi drivers have a connection to any ‘dispatch company’ they just pick up fares as they drive around.
- munk-a 7y agoI am purely speaking from my own experience and I can't speak absolutely... but every city I've ever lived in has had a few random cabbies driving around that are far outnumbered by the cab companies - whether this is yellow cab or something random like Boston's Metro Cab[1]. If you ever need to call and schedule a cab to the airport you'll be calling into a dispatch center - rather than just arranging it with a dude. My impression is that street hires are a pretty small proportion of the taxi market. 1. http://metro-cab.com/ http://metro-cab.com/
- dnautics 7y agoNo, you don't understand. They are customers of the dispatch company. They pay the dispatch company licensing fees and rent. Totally different, way more exploitative and way more legal arrangement.
- Frenziefrenz 7y agoWhere, in France? Considering they are employees in the Benelux I find that implausible. Especially considering that the OP is about a French court saying that Uber was just trying to find a loophole so they wouldn't have to treat their employees like any normal taxi company.
- wjmao88 7y agoAnd that is part of the reason many people also criticizes the tipping system in US/Canada. An arguably broken system from another industry doesn't make for a good comparison.