3 ms·
This is a strange take, and looking at the checklist, it isn't even true what you've claimed. Let's take a gander: Following are the 20-points that have been
by diob 4y ago
This is a strange take, and looking at the checklist, it isn't even true what you've claimed.
Let's take a gander:
Following are the 20-points that have been established:
1. Must the individual take instructions from your management staff regarding when, where, and how work
is to be done? (should be no if independent)
Yes, down to the routes given. Drivers cannot go their own path, they typically have to use the instructions from the app.
In addition, when / where is often forced by taking away work privileges from those who turn down work at any time.
2. Does the individual receive training from your company? (should be no if independent)
No
3. Is the success or continuation of your business somewhat dependent on the type of service provided by
the individual? (should be no if independent)
Yes
4. Must the individual personally perform the contracted services? (should be no if independent)
Not sure what this one means, so I'll give it either way.
5. Have you hired, supervised, or paid individuals to assist the worker in completing the project stated in
the contract? (should be no if independent)
Iffy, this one is interesting since they do hire folks to maintain the service that allows them to do their part aka assist the worker in completing the project.
6. Is there a continuing relationship between your company and the individual? (should be no if independent)
Yes
7. Must the individual work set hours? (should be no if independent)
Iffy, individuals have to accept jobs or they're subject to ejection from the platform.
8. Is the individual required to work full time at your company? (should be no if independent)
Iffy, individuals have to accept jobs or they're subject to ejection from the platform.
9. Is the work performed on company premises? (should be no if independent)
No
10. Is the individual required to follow a set sequence or routine in the performance of his work? (should be no if independent)
Iffy, individuals have to accept jobs or they're subject to ejection from the platform.
11. Must the individual give you reports regarding his/her work? (should be no if independent)
Not sure, but I'll say yes since they rate riders. I don't care too much about this one.
12. Is the individual paid by the hour, week, or month? (should be no if independent)
By the ride, so I guess no.
13. Do you reimburse the individual for business/travel expenses? (should be no if independent)
No
14. Do you supply the individual with needed tools or materials? (should be no if independent)
Iffy, since the platform is a tool / material.
15. Have you made a significant investment in facilities used by the individual to perform services? (should be no if independent)
Iffy, since the platform is a tool / material.
16. Is the individual free from suffering a loss or realizing a profit based on his work? (should be no if independent)
No
17. Does the individual only perform services for your company? (should be yes if independent)
No
18. Does the individual limit the availability of his services to the general public? (should be yes if independent)
Not sure, maybe? Is this an insurance thing?
19. Do you have the right to discharge the individual? (should be yes if independent)
Yes
20. May the individual terminate his services at any time? (should be yes if independent)
Yes
"In general "no" answers to questions 1-16 and "yes" answers to questions 17-20 indicate an independent
contractor. However, a simple majority of "no" answers to questions 1 to 16 and "yes" answers to questions 17
to 20 does not guarantee independent contractor treatment. Some questions are either irrelevant or of less
importance because the answers may apply equally to employees and independent contractors."
These are taken from: https://galachoruses.org/sites/default/files/IRS-20-questions-W2-vs-1099.pdf https://galachoruses.org/sites/default/files/IRS-20-question...
Overall, I would say they don't meet the definition of independent contractor by a long margin, even excluding some of the iffy ones.
- cool_dude85 4y ago>4. Must the individual personally perform the contracted services? (should be no if independent) >Not sure what this one means, so I'll give it either way. This means, can the uber driver sub out his drive to someone else as long as the customer gets from A to B? Answer to the DoL question is yes.
- diob 4y agoThat's what I was thinking. It depends though, because sometimes there are not enough drivers, so technically it can go either way. I think this is why defining a key part of your workforce as not a key part (aka gig) is tricky at best.
- cool_dude85 4y agoLate reply, but I think we're talking here about after the ride is accepted. So if I'm driving, and I accept the ride to take the customer from A to B, I can't call up my buddy and have him do the drive for a 50% cut. It matters to Uber exactly who is driving.
- Eumenes 4y agoHave you asked gig workers their opinions on this issue? You should, because many of them aren't asking to be classified as w-2/FT employees. They enjoy the flexibility these gig jobs give them. They often have other side hustles and pursuits, and don't want to spend 100% of their working time for Uber or DoorDash. This isn't some grassroots effort, this is being pushed by politicians and union organizers (more members = more $$).
- diob 4y agoYeah, but I'd rather focus on what you brought up originally.
- Eumenes 4y agoWe can go back and forth on the yes/no for the questionnaire, but its up for interpretation which is why this will probably go to the Supreme Court one day. I disagree with how you interrupted a few of them, but even looking at that, you seem to mostly agree with mine. This was helpful: https://www.argbackoffice.com/arg/1099_irs_checklist.pdf https://www.argbackoffice.com/arg/1099_irs_checklist.pdf See, #1 to me is an obvious no (you pick when to work, you don't have to work the same area of town). If you worked for a taxi company as w2, they may tell you to work a certain neighborhood or only to/from the airport. #3 is a yes. #4 is no (you can't subcontract out your uber work, because its dependent on your DL/driving record). #5 - probably a no. "hired, supervised, or paid individuals to assist the worker" it would clearly state, providing a service (an app), but it means actual people. #6 should be no - what makes the relationship continuing? #7 is no (some drivers pick nights, or weekends, or after class), #8 is no (there are many less than FT drivers) #18 should be yes -- they can work for other gig work apps that do similar things at the same time, not just 1 company, thus servicing more of the general public I am happy to not be a lawyer :)