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The biggest reason I would say that the drivers are not independent contractors is that they are not allowed to set their own rates. Uber's argument that they

by zadkey 6y ago

The biggest reason I would say that the drivers are not independent contractors is that they are not allowed to set their own rates. Uber's argument that they are not employees is based on the concept that they only a platform facilitating a connection between drivers people who need rides or in this case deliveries. But if the contractors are truly separate entities, then Uber by controlling the cost of the ride/delivery, is fixing prices. https://www.huffpost.com/entry/legal-problem-could-crash-uber_n_5718d485e4b0479c59d714f6 https://www.huffpost.com/entry/legal-problem-could-crash-ube... I am not aware what the current status of legal rulings for or against Uber in this regard, but I believe my point still stands.

supernova87a 6y ago
Wouldn't Uber's argument about this be that drivers do get to set their rates by the platform showing them and matching them with jobs that are at a rate they accept? Just because they can't put out a published $ figure on their desired per job rate, doesn't mean they're not setting their own rates that they accept?
- Jasper_ 6y ago
  Uber Pool functions so that drivers automatically getting more and more riders added to their trip, without any way for them to reject passengers. I've been told stories of drivers getting 20+ pool rider chains in a row, without any option to take a break.
  - cik2e 6y ago
    This is false. It’s like 2 clicks to stop incoming requests, same with Lyft.
- enragedcacti 6y ago
  Driver's can get kicked off the platform if they reject too many rides, so I wouldn't necessarily call that setting your own rate. They can decide whether or not to be active based on surge rate which is something somewhat akin to setting a rate.
- freejazz 6y ago
  That's certainly not what is meant by the use of the word 'set' here. They do not have the choice to select their rate. Uber sets the rate and drivers have the option to accept the ride or not.

by zadkey 6y ago

supernova87a 6y ago

Wouldn't Uber's argument about this be that drivers do get to set their rates by the platform showing them and matching them with jobs that are at a rate they accept? Just because they can't put out a published $ figure on their desired per job rate, doesn't mean they're not setting their own rates that they accept?

Jasper_ 6y ago
Uber Pool functions so that drivers automatically getting more and more riders added to their trip, without any way for them to reject passengers. I've been told stories of drivers getting 20+ pool rider chains in a row, without any option to take a break.
- cik2e 6y ago
  This is false. It’s like 2 clicks to stop incoming requests, same with Lyft.
enragedcacti 6y ago
Driver's can get kicked off the platform if they reject too many rides, so I wouldn't necessarily call that setting your own rate. They can decide whether or not to be active based on surge rate which is something somewhat akin to setting a rate.
freejazz 6y ago
That's certainly not what is meant by the use of the word 'set' here. They do not have the choice to select their rate. Uber sets the rate and drivers have the option to accept the ride or not.