- tetsuo
- May 12, 2001
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I am a shaman, magician
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Can someone link to the contractor test stuff because I can't remember which ones they gently caress up on but I'm pretty sure it's the same poo poo that FedEx got in trouble for when calling their drivers contractors.
I don't know about the test but some guy summed up the court findings :
https://news.ycombinator.com/item?id=9732231
quote:
1) Drivers providing their own cars is not a strong factor - pizza delivery employees also drive their own cars.
2) Uber "control the tools that drivers use" by regulating the newness of the car.
3) Uber exercises extensive control over vetting and hiring drivers and requires extensive personal information from drivers.
4) Uber alone sets prices, and tipping is discouraged, so there is no mechanism for driver (as "contractor") to set prices.
5) Plaintiff driver only provided her time and car. "Plaintiff's work did not entail any 'managerial' skills that could affect profit or loss."
6) Drivers cannot subcontract (presumably negating Uber's position as a "lead generation" tool for contractors).
Sorry that these are out of order. Look on Page 9 of court documents for full text.
#4 and #6 especially seem damning.
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Jun 17, 2015 16:46
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