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Uber actually attempted to comply with AB5, by allowing California drivers to set their prices and giving them more freedom about which rides to accept. Critic
by jkarneges 6y ago
Uber actually attempted to comply with AB5, by allowing California drivers to set their prices and giving them more freedom about which rides to accept.
Critics may argue Uber is still non-compliant even with the changes, but that's probably for a court to decide.
- Animats 6y agoFrom AB5: ...shall be considered an employee unless the hiring entity demonstrates that all of the following conditions are satisfied: (1) The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. (2) The person performs work that is outside the usual course of the hiring entity’s business. (3) The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. Uber tries to argue that they're not in the business of selling rides, they're just a matching service. That's to escape (2). Neither customers nor drivers nor courts believe this.
- jkarneges 6y agoThat's fair, but the point is Uber tried to meet all of these. The ball is in the state's court now to test and enforce. My feeling is (2) is overreach and has caused unnecessary collateral damage to many non-rideshare businesses. As a non-rideshare business owner myself, I hope (2) gets struck from the law as a result of the rideshare legal battles.