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> Becerra said in an interview on CNBC on Tuesday that he was unconcerned about the potential for Uber to leave the state as a result of the order. “Any busines

by lhh 6y ago

> Becerra said in an interview on CNBC on Tuesday that he was unconcerned about the potential for Uber to leave the state as a result of the order. “Any business model that relies on shortchanging workers in order to make it probably shouldn’t be anywhere, whether California or otherwise,” he said. This type of attitude drives me crazy. These companies have paid billions of dollars to drivers, who voluntarily decided to work and earn this money. If drivers felt the arrangement was unfair, wouldn't they do something else? How is anyone better off by these companies being legislated out of existence? They're already hemorrhaging cash as is. It's astonishing to me that government leaders believe workers are better off with fewer options, regardless of the perceived quality of them. Or maybe they don't actually believe it but are willing to inflict the damage anyway for the sake of virtue signaling.

slipheen 6y ago
That's a really harmful outlook. If company A decides that they are going to pay their workers (say) $3/hr, and illegally bypass the minimum wage, it _DOESN'T MATTER AT ALL_ if they can find workers willing to work for that amount. As a society, we've decided that certain offers aren't acceptable, even if you can find someone desperate enough to take the offer. You shouldn't get to just ignore the law because you're big enough. (And Yes, in practice big companies do ignore laws more than they should. That's a bad thing, and a reason to do better, not a reason to give up).
- deleted 6y ago
  [deleted]
- lhh 6y ago
  > That's a really harmful outlook. Harmful how, exactly? I don't agree that the government should be deeming any type of agreement that adults voluntarily enter into as illegal. The notion that the government should be doing that strikes me as very condescending to the governed. Shouldn't people be allowed to make their own decisions on what is best for their own lives? If someone is in a position where a $3/hr job is their best option, I think it's a pretty bad idea to then remove that option from them too. > You shouldn't get to just ignore the law because you're big enough. Seems to me that the opposite dynamic is at play here - these companies have become large enough to be the target of legislation.
  - enraged_camel 6y ago
    >> I don't agree that the government should be deeming any type of agreement that adults voluntarily enter into as illegal. You cannot legally own slaves, even if both parties are consenting adults. So clearly, your premise is flawed: there are absolutely things that the government can determine to be illegal. In California, this includes exploitative labor relationships (again, even if both parties consent to the agreement). >> Seems to me that the opposite dynamic is at play here - these companies have become large enough to be the target of legislation. No, they got large enough by ignoring the law. We know this because Uber's only real "moat" is the size of its network. From a technology standpoint, it's fairly easy to replicate, and we have indeed seen this happen across the board. The problem of course is that Uber benefited from first-mover advantage, and quickly got so large and so well-funded that it could litigate and stonewall any local government or other party that raised issues with its labor practices. That is coming to an end, now. And to that, I say: it's about damn time. (I don't want to single out Uber either. Airbnb is the exact same: they became massively successful mostly by ignoring local zoning and hotel laws.)
    - lhh 6y ago
      > You cannot legally own slaves, even if both parties are consenting adults. So clearly, your premise is flawed: there are absolutely things that the government can determine to be illegal. In California, this includes exploitative labor relationships (again, even if both parties consent to the agreement). If someone wants to sell themselves into slavery, I say let them (though perhaps there should be an exception if they're not of sound mind). Or alternatively, maybe slavery is just the degenerate case that removes your agency, and should be disallowed on that basis. I challenge your premise that it's possible to consider a labor relationship exploitative if both parties voluntarily enter into it. > No, they got large enough by ignoring the law. Sure, but I think this is unrelated to my point. I still contend that any voluntary agreements should be allowed, with size of company involved having no bearing on the matter.
      - e12e 6y ago
        > I challenge your premise that it's possible to consider a labor relationship exploitative if both parties voluntarily enter into it. This seems to overlook the long fights for Sundays off, Saturdays off, a 60 hour work week, a 40 hour work week and so on. When options on one side is "be evicted from home, leave family to starve" and the other side is "postpone additional revenue until someone more desperate signs up" - you have to consider what "voluntary" means.
- twblalock 6y ago
  There is a floor to what people will be willing to accept -- if they can make more money from unemployment benefits than from working, they won't work. Many Uber drivers are facing a choice between gig work and unemployment, and they chose gig work. If they had better options they would have chosen those instead, but they didn't. Clearly they prefer gig work to unemployment, and for most of them, those were the only two options. Taking away gig work does not help gig workers. It removes the only option they had, and it forces them into unemployment. If that is the outcome they wanted, they would have chosen it already.
  - newacct583 6y ago
    That's not the way UI works. Benefits must be qualified for; you generally have to have had a job that you lost (gig economy jobs complicate this severely and often disqualify people). You can't just "quit" and pick up benefits. And there is a time limit in all states after which the benefits terminate. Very, very few people at any given time have a "choice" as to whether to get unemployment or work a gig job.
- Jommi 6y ago
  However, if company A is in a free market industry they would not be able to sustain that 3$/hr. Uber has been able to sustain their policies for close to 10 years now. Its pretty clear that drivers are being paid an amount close to their actual value. If they werent, they would be working for some other job.
  - mdorazio 6y ago
    You're assuming two things that aren't true: 1) Other, better, jobs of the same type (hours/entry requirements/pay) are available to drivers. Reality: Uber created a class of "job" where the bar for entry is so ridiculously low that anyone with a basic driver's license can do it. At the same time, real incomes for primary jobs currently or previously worked by Uber drivers are often not high enough to actually cover cost of living where they live. There are multiple market distortions on both sides going on here that are too long to discuss in a comment, but saying "well if it was so bad they would just work somewhere else!" is a pretty bad argument. If getting black lung was so bad, why didn't coal miners just work somewhere else? 2) Other companies can pull the same legal and financial shenanigans as Uber to offer those opportunities. Reality: Uber has never been profitable - if it wasn't VC funded it would have to pay its drivers even less than it currently does, so acting like it's a cost competitive business is incorrect. Uber also does not adhere to laws, as in this case with CA - other companies (like taxi companies) that do adhere cannot compete (and thus cannot provide alternative opportunities) because running in adherence is expensive.
    - Jommi 6y ago
      Really? You are really going to assert without any evidence these completely wrong points? I can tell you straight out, from experience and data, that both of your points are completely incorrect. 1) Its 2020. The "gig economy" is REAL. Its actually a terrible situation for Uber, as competing jobs are more abdundant than ever, and new starts with fresh VC-fueled incetives are popping up left and right. I can promise you that in nearly every market Uber operates in, the drivers are signed up on every single ridehailing competitor, every single food delivery service, every single grocery delivery service, and every single last mile delivery service. And they will be constantly looking at where the best bang for buck is. CONSTANTLY. 2) Uber's ridehailing business is profitable in the US. Go check their publicly available investor data. Uber does have a finnicky relationship with "the law" for sure, in multiple countries. That is completely true. However at some times "the law" is protecting a service that is not in the best interest of the consumer, as has been with most over-protective taxi regulations.
- dimgl 6y ago
  I really don't understand why people are so afraid to let the free market decide what works and what doesn't. Government intervention very often leads to poor outcomes.
  - vExLiz4r08 6y ago
    If it was for just the free market to decide, we would never have gotten rid of child labor. The government also tries to ensure that its citizenry are lifted out of poverty etc., things that free market isn't really incentivized to care for. As the op said, "As a society, we've decided that certain offers aren't acceptable, even if you can find someone desperate enough to take the offer." Am not sure if this situation with uber/lyft calls for this, but there definitely is a line that as a society we do not want to regress. Though, I do agree it is a very hard job to intervene because of unforeseen side effects, many times adverse, so if possible I would also prefer to avoid government intervention and let the market decide.
    - lhh 6y ago
      If what you care about is lifting citizenry out of poverty, free markets have the best track record by far, despite countless attempts otherwise.
      - kunai 6y ago
        Free markets are excellent for lifting the baseline level of wealth among a nation's people (Marx admitted this as industrialization rapidly increased the wealth of Western Europe at the time of his coming of age). It does not solve the issue of wealth inequality, and exacerbates it to an extent to the point where an individual's wealth and the labor they expend to create that wealth are completely non-correlating -- you can work four times as hard as a laborer than an investor and not see any return while capital ends up with most of the value extracted from your labor. Even the most pro-market economists acknowledge this critical, showstopping bug in the free market. Adam Smith acknowledges it. Friedman acknowledges it. Where opinions diverge is the solution, or whether the issue of inequality is even worth solving or worthy of government intervention. If you exit the toxic and obnoxious Silicon Valley Bay Area bubble, look out the window into an actual working class individual's life, I think you'll find plenty of evidence for that answer to be a resounding Yes. The situation with Uber is similar, and California has decided that it is indeed worth the effort to allow drivers to keep more of the wealth they generate for the company. It's not communism, it's literally the first principle of commerce that individuals providing labor receive full compensation for their labor in return. There is no more a capitalist concept than that.
apta 6y ago
They want private companies to pay for the government shortcomings of not providing affordable healthcare and other benefits.
- SrslyJosh 6y ago
  I really wish the government would listen to all the corporate lobbyists begging them to give us universal healthcare. =)
  - tick_tock_tick 6y ago
    I mean pretty much every company not in the health care industry would love that. You think companies want to manage a health plan, a 401k plan, a X and Y?

by lhh 6y ago

slipheen 6y ago

That's a really harmful outlook. If company A decides that they are going to pay their workers (say) $3/hr, and illegally bypass the minimum wage, it _DOESN'T MATTER AT ALL_ if they can find workers willing to work for that amount. As a society, we've decided that certain offers aren't acceptable, even if you can find someone desperate enough to take the offer. You shouldn't get to just ignore the law because you're big enough. (And Yes, in practice big companies do ignore laws more than they should. That's a bad thing, and a reason to do better, not a reason to give up).

deleted 6y ago
[deleted]
lhh 6y ago
> That's a really harmful outlook. Harmful how, exactly? I don't agree that the government should be deeming any type of agreement that adults voluntarily enter into as illegal. The notion that the government should be doing that strikes me as very condescending to the governed. Shouldn't people be allowed to make their own decisions on what is best for their own lives? If someone is in a position where a $3/hr job is their best option, I think it's a pretty bad idea to then remove that option from them too. > You shouldn't get to just ignore the law because you're big enough. Seems to me that the opposite dynamic is at play here - these companies have become large enough to be the target of legislation.
- enraged_camel 6y ago
  >> I don't agree that the government should be deeming any type of agreement that adults voluntarily enter into as illegal. You cannot legally own slaves, even if both parties are consenting adults. So clearly, your premise is flawed: there are absolutely things that the government can determine to be illegal. In California, this includes exploitative labor relationships (again, even if both parties consent to the agreement). >> Seems to me that the opposite dynamic is at play here - these companies have become large enough to be the target of legislation. No, they got large enough by ignoring the law. We know this because Uber's only real "moat" is the size of its network. From a technology standpoint, it's fairly easy to replicate, and we have indeed seen this happen across the board. The problem of course is that Uber benefited from first-mover advantage, and quickly got so large and so well-funded that it could litigate and stonewall any local government or other party that raised issues with its labor practices. That is coming to an end, now. And to that, I say: it's about damn time. (I don't want to single out Uber either. Airbnb is the exact same: they became massively successful mostly by ignoring local zoning and hotel laws.)
  - lhh 6y ago
    > You cannot legally own slaves, even if both parties are consenting adults. So clearly, your premise is flawed: there are absolutely things that the government can determine to be illegal. In California, this includes exploitative labor relationships (again, even if both parties consent to the agreement). If someone wants to sell themselves into slavery, I say let them (though perhaps there should be an exception if they're not of sound mind). Or alternatively, maybe slavery is just the degenerate case that removes your agency, and should be disallowed on that basis. I challenge your premise that it's possible to consider a labor relationship exploitative if both parties voluntarily enter into it. > No, they got large enough by ignoring the law. Sure, but I think this is unrelated to my point. I still contend that any voluntary agreements should be allowed, with size of company involved having no bearing on the matter.
    - e12e 6y ago
      > I challenge your premise that it's possible to consider a labor relationship exploitative if both parties voluntarily enter into it. This seems to overlook the long fights for Sundays off, Saturdays off, a 60 hour work week, a 40 hour work week and so on. When options on one side is "be evicted from home, leave family to starve" and the other side is "postpone additional revenue until someone more desperate signs up" - you have to consider what "voluntary" means.
twblalock 6y ago
There is a floor to what people will be willing to accept -- if they can make more money from unemployment benefits than from working, they won't work. Many Uber drivers are facing a choice between gig work and unemployment, and they chose gig work. If they had better options they would have chosen those instead, but they didn't. Clearly they prefer gig work to unemployment, and for most of them, those were the only two options. Taking away gig work does not help gig workers. It removes the only option they had, and it forces them into unemployment. If that is the outcome they wanted, they would have chosen it already.
- newacct583 6y ago
  That's not the way UI works. Benefits must be qualified for; you generally have to have had a job that you lost (gig economy jobs complicate this severely and often disqualify people). You can't just "quit" and pick up benefits. And there is a time limit in all states after which the benefits terminate. Very, very few people at any given time have a "choice" as to whether to get unemployment or work a gig job.
Jommi 6y ago
However, if company A is in a free market industry they would not be able to sustain that 3$/hr. Uber has been able to sustain their policies for close to 10 years now. Its pretty clear that drivers are being paid an amount close to their actual value. If they werent, they would be working for some other job.
- mdorazio 6y ago
  You're assuming two things that aren't true: 1) Other, better, jobs of the same type (hours/entry requirements/pay) are available to drivers. Reality: Uber created a class of "job" where the bar for entry is so ridiculously low that anyone with a basic driver's license can do it. At the same time, real incomes for primary jobs currently or previously worked by Uber drivers are often not high enough to actually cover cost of living where they live. There are multiple market distortions on both sides going on here that are too long to discuss in a comment, but saying "well if it was so bad they would just work somewhere else!" is a pretty bad argument. If getting black lung was so bad, why didn't coal miners just work somewhere else? 2) Other companies can pull the same legal and financial shenanigans as Uber to offer those opportunities. Reality: Uber has never been profitable - if it wasn't VC funded it would have to pay its drivers even less than it currently does, so acting like it's a cost competitive business is incorrect. Uber also does not adhere to laws, as in this case with CA - other companies (like taxi companies) that do adhere cannot compete (and thus cannot provide alternative opportunities) because running in adherence is expensive.
  - Jommi 6y ago
    Really? You are really going to assert without any evidence these completely wrong points? I can tell you straight out, from experience and data, that both of your points are completely incorrect. 1) Its 2020. The "gig economy" is REAL. Its actually a terrible situation for Uber, as competing jobs are more abdundant than ever, and new starts with fresh VC-fueled incetives are popping up left and right. I can promise you that in nearly every market Uber operates in, the drivers are signed up on every single ridehailing competitor, every single food delivery service, every single grocery delivery service, and every single last mile delivery service. And they will be constantly looking at where the best bang for buck is. CONSTANTLY. 2) Uber's ridehailing business is profitable in the US. Go check their publicly available investor data. Uber does have a finnicky relationship with "the law" for sure, in multiple countries. That is completely true. However at some times "the law" is protecting a service that is not in the best interest of the consumer, as has been with most over-protective taxi regulations.
dimgl 6y ago
I really don't understand why people are so afraid to let the free market decide what works and what doesn't. Government intervention very often leads to poor outcomes.
- vExLiz4r08 6y ago
  If it was for just the free market to decide, we would never have gotten rid of child labor. The government also tries to ensure that its citizenry are lifted out of poverty etc., things that free market isn't really incentivized to care for. As the op said, "As a society, we've decided that certain offers aren't acceptable, even if you can find someone desperate enough to take the offer." Am not sure if this situation with uber/lyft calls for this, but there definitely is a line that as a society we do not want to regress. Though, I do agree it is a very hard job to intervene because of unforeseen side effects, many times adverse, so if possible I would also prefer to avoid government intervention and let the market decide.
  - lhh 6y ago
    If what you care about is lifting citizenry out of poverty, free markets have the best track record by far, despite countless attempts otherwise.
    - kunai 6y ago
      Free markets are excellent for lifting the baseline level of wealth among a nation's people (Marx admitted this as industrialization rapidly increased the wealth of Western Europe at the time of his coming of age). It does not solve the issue of wealth inequality, and exacerbates it to an extent to the point where an individual's wealth and the labor they expend to create that wealth are completely non-correlating -- you can work four times as hard as a laborer than an investor and not see any return while capital ends up with most of the value extracted from your labor. Even the most pro-market economists acknowledge this critical, showstopping bug in the free market. Adam Smith acknowledges it. Friedman acknowledges it. Where opinions diverge is the solution, or whether the issue of inequality is even worth solving or worthy of government intervention. If you exit the toxic and obnoxious Silicon Valley Bay Area bubble, look out the window into an actual working class individual's life, I think you'll find plenty of evidence for that answer to be a resounding Yes. The situation with Uber is similar, and California has decided that it is indeed worth the effort to allow drivers to keep more of the wealth they generate for the company. It's not communism, it's literally the first principle of commerce that individuals providing labor receive full compensation for their labor in return. There is no more a capitalist concept than that.

apta 6y ago

They want private companies to pay for the government shortcomings of not providing affordable healthcare and other benefits.

SrslyJosh 6y ago
I really wish the government would listen to all the corporate lobbyists begging them to give us universal healthcare. =)
- tick_tock_tick 6y ago
  I mean pretty much every company not in the health care industry would love that. You think companies want to manage a health plan, a 401k plan, a X and Y?