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but I wish it were more like eBay in that you could set your own prices and routes as a driver and then as a “buyer” set your own maximum price. That's the def

but I wish it were more like eBay in that you could set your own prices and routes as a driver and then as a “buyer” set your own maximum price. That's the definition of "contractor" that many companies would prefer to ignore. See also: Amazon delivery drivers, which are just employees without benefits who also have to pay for their own tools to get the job done. In other words, "contractors", except for that pesky autonomy part.

wutbrodo 6y ago
> contractors", except for that pesky autonomy part. Wouldn't setting your own working hours, literally minute to minute, qualify? Also, setting prices as a driver also exists, at least in CA: https://www.uber.com/blog/california/set-your-fares/ https://www.uber.com/blog/california/set-your-fares/
- alisonkisk 6y ago
  A key factor in US law is that a company can't use independent contractors for its primary business function. Also, an independent contractor isn't bound by the clients requirements for how the job is performed, only the result of the work. Uber requires specific cars and behavioral standards, and specific moments for the work it assigns. https://www.dir.ca.gov/dlse/faq_independentcontractor.htm https://www.dir.ca.gov/dlse/faq_independentcontractor.htm
  - wutbrodo 6y ago
    > A key factor in US law is that a company can't use independent contractors for its primary business function Uber maintains that their business function is providing a marketplace for drivers and passengers to buy/sell "chauffeur" contracts, the way eBay does for goods. Whether this interpretation is the one the courts should accept is what's in question, as there are obvious differences with the well-established eBay example. But its not facially ridiculous, and ignoring their claim entirely just provides more heat than light. Regarding your link, it refers to a law passed in Sept 2019 that was superseded by a proposition passed in Nov 2020: https://www.zenefits.com/workest/what-does-californias-prop-22-mean-for-the-ab5-law/ https://www.zenefits.com/workest/what-does-californias-prop-... To be clear, I don't think Uber is necessarily right here; my complaint was narrowly about the GP's /r/politics-quality comment about "companies choosing to ignore that pesky autonomy requirement" without engaging at all with the arguments being put forth by each side.

wutbrodo 6y ago

> contractors", except for that pesky autonomy part. Wouldn't setting your own working hours, literally minute to minute, qualify? Also, setting prices as a driver also exists, at least in CA: https://www.uber.com/blog/california/set-your-fares/ https://www.uber.com/blog/california/set-your-fares/

alisonkisk 6y ago
A key factor in US law is that a company can't use independent contractors for its primary business function. Also, an independent contractor isn't bound by the clients requirements for how the job is performed, only the result of the work. Uber requires specific cars and behavioral standards, and specific moments for the work it assigns. https://www.dir.ca.gov/dlse/faq_independentcontractor.htm https://www.dir.ca.gov/dlse/faq_independentcontractor.htm
- wutbrodo 6y ago
  > A key factor in US law is that a company can't use independent contractors for its primary business function Uber maintains that their business function is providing a marketplace for drivers and passengers to buy/sell "chauffeur" contracts, the way eBay does for goods. Whether this interpretation is the one the courts should accept is what's in question, as there are obvious differences with the well-established eBay example. But its not facially ridiculous, and ignoring their claim entirely just provides more heat than light. Regarding your link, it refers to a law passed in Sept 2019 that was superseded by a proposition passed in Nov 2020: https://www.zenefits.com/workest/what-does-californias-prop-22-mean-for-the-ab5-law/ https://www.zenefits.com/workest/what-does-californias-prop-... To be clear, I don't think Uber is necessarily right here; my complaint was narrowly about the GP's /r/politics-quality comment about "companies choosing to ignore that pesky autonomy requirement" without engaging at all with the arguments being put forth by each side.