5 ms·

When and for how long I work is a pretty big one. Most employees don't get to just decide their hours on a whim.

by viro 5y ago

kube-system 5y ago
When an employer dictates that a worker must work certain hours, it is evidence that they are an employee. But, the opposite is not true -- employers are not obligated to dictate the hours of their employees. The fact that most employers do dictate hours is a function of those job expectations, not their legal employment classification. It is pretty common for mid or senior level white-collar salaried jobs to have a decent amount of freedom in working hours within what is functionally reasonable for their role.
- viro 5y ago
  > It is pretty common for mid or senior level white-collar salaried jobs to have a decent amount of freedom in working hours within what is functionally reasonable for their role. That is so disconnected from reality for the majority of American workers that you might have broken me. But lets start with salaried workers have a job .. Their employers don't care what time you work as long as you get that job done. How exactly would that work for Uber? quotas? avg 2-3 rides and hour or ur fired?
  - kube-system 5y ago
    Of course -- the majority of Americans are not employed in mid or senior level white-collar salaried jobs. Uber drivers are definitely not in this classification. I am saying, classification as an employee does not require Uber to change anything about their expectations of their workers' work frequency, duration, or schedule. It can remain voluntary just as it is now. There are currently voluntary hourly jobs that exist, but people here are probably less familiar with that concept as compared to salaried jobs.
    - hagy 5y ago
      What if far more drivers want to work 10:00-16:00 than are needed? In the current situation, the spot price drops and some drivers leave while more riders enter. As employees, Uber cannot dynamically vary the pay/minute rate, especially if it falls below minimum wage combined with vehicle/gas reimbursement.
      - kube-system 5y ago
        Employers can vary the wages of their employees. They just can't pay wages that are so low that they violate minimum wage law. I don't see an issue.
        viro 5y ago
        That doesn't address drivers signing on when they know they won't get any rides then just sitting in their drive way.
        kube-system 5y ago
        Uber can tell them that no work is available. This kind of work arrangement exists today, it’s called “casual employment”
lupire 5y ago
Nothing is forcing Uber to fix employee hours.
- viro 5y ago
  Most Uber drivers I know would find that to be a huge negative. but then again thats probably just a difference between big urban centers and the rest of the country.
  - lupire 5y ago
    No one is proposing that so it doesn't matter.
    - viro 5y ago
      But it will happen tho because if Uber drivers are all considered employees they will get minimum wage, which is fine. Only issue why exactly wouldn't I go "on duty" only when I know there isn't any rides to rank in free cash. While I play games on my phone.

When and for how long I work is a pretty big one. Most employees don't get to just decide their hours on a whim.

by viro 5y ago

When and for how long I work is a pretty big one. Most employees don't get to just decide their hours on a whim.

When an employer dictates that a worker must work certain hours, it is evidence that they are an employee. But, the opposite is not true -- employers are not obligated to dictate the hours of their employees. The fact that most employers do dictate hours is a function of those job expectations, not their legal employment classification. It is pretty common for mid or senior level white-collar salaried jobs to have a decent amount of freedom in working hours within what is functionally reasonable for their role.

viro 5y ago
> It is pretty common for mid or senior level white-collar salaried jobs to have a decent amount of freedom in working hours within what is functionally reasonable for their role. That is so disconnected from reality for the majority of American workers that you might have broken me. But lets start with salaried workers have a job .. Their employers don't care what time you work as long as you get that job done. How exactly would that work for Uber? quotas? avg 2-3 rides and hour or ur fired?
- kube-system 5y ago
  Of course -- the majority of Americans are not employed in mid or senior level white-collar salaried jobs. Uber drivers are definitely not in this classification. I am saying, classification as an employee does not require Uber to change anything about their expectations of their workers' work frequency, duration, or schedule. It can remain voluntary just as it is now. There are currently voluntary hourly jobs that exist, but people here are probably less familiar with that concept as compared to salaried jobs.
  - hagy 5y ago
    What if far more drivers want to work 10:00-16:00 than are needed? In the current situation, the spot price drops and some drivers leave while more riders enter. As employees, Uber cannot dynamically vary the pay/minute rate, especially if it falls below minimum wage combined with vehicle/gas reimbursement.
    - kube-system 5y ago
      Employers can vary the wages of their employees. They just can't pay wages that are so low that they violate minimum wage law. I don't see an issue.
      - viro 5y ago
        That doesn't address drivers signing on when they know they won't get any rides then just sitting in their drive way.
        kube-system 5y ago
        Uber can tell them that no work is available. This kind of work arrangement exists today, it’s called “casual employment”

lupire 5y ago

Nothing is forcing Uber to fix employee hours.

viro 5y ago
Most Uber drivers I know would find that to be a huge negative. but then again thats probably just a difference between big urban centers and the rest of the country.
- lupire 5y ago
  No one is proposing that so it doesn't matter.
  - viro 5y ago
    But it will happen tho because if Uber drivers are all considered employees they will get minimum wage, which is fine. Only issue why exactly wouldn't I go "on duty" only when I know there isn't any rides to rank in free cash. While I play games on my phone.