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Anyone want to guess the outcome of this motion? With the way things have been going lately for Uber, I'm going to say the courts will rule against them.
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Uber Files Motion To Limit Potential Class Action Suit
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Parmenides
Supreme [H]ardness
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Courts don't work by logic silly.
Government write the laws. There are well-defined criteria to determine whether a worker is an independent contractor or employee. Just because the worker signs a contract with a company stating that they are an IC doesn't mean anything if they end up working in the manner of an employee.
I get that... but it seems to be contracted work to me...
courtesy of http://legal-dictionary.thefreedictionary.com/Independent+Contractor
Sure but Uber:
-determines the kind of tools that its "contractors" can use (the vehicles that can be used)
-sets the rate
-Uber is in the business of transportation and drivers are a critical part of transportation.
All these are strong factors that point to employees over contractors.
sfsuphysics
[H]F Junkie
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Did 160,000 drivers all agree to this? I don't get how class actions work in that they can simply assume all the other people named in the suit agree with what their lawyer says. Bottom line this is a lawyer who wants to get paid.
I see the rates thing, but Uber can be called a middleman instead. That is what they do, if you consider the drivers contractors, not farfetched at all. And they do limit the tools, but it isn't that limiting. I know some people who does Uber, and one of his car is..... not great, while another is an UberX.
FearTheCow
Supreme [H]ardness
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http://www.irs.gov/Businesses/Small...ependent-Contractor-Self-Employed-or-Employee
It would seem Uber drivers are employees according to the IRS.
Whenever something good happens for people--as in they start earning money instead of begging on the street corner--you can trust that a lawyer, somewhere, will try and screw that up just to keep himself from starving. If Uber has to take on these three people as employees, first thing I'd do is fire them...
But this isn't just about lawyers, although that is the medium through which bad, counter-productive things happen for consumers...it's also about established businesses that have rigged the system to protect their jobs under the guise of "licensing"...because Lord Help Us If Anyone Dares to Compete...! Basically, Uber operates in defiance of all the protective legislation passed by certain businesses that have greased the right hands politically.
But this isn't just about lawyers, although that is the medium through which bad, counter-productive things happen for consumers...it's also about established businesses that have rigged the system to protect their jobs under the guise of "licensing"...because Lord Help Us If Anyone Dares to Compete...! Basically, Uber operates in defiance of all the protective legislation passed by certain businesses that have greased the right hands politically.
The Employee classification was set out by the federal government precisely to prevent businesses from exploiting their workers exactly as Uber is doing. They're not the first company to try to I-9 their W-2 employees, but they're probably the most highly valued and doing so with the highest ratio of IC's to Employees.
Other big corporations know: You independently contract smaller local vendors as cut-outs and those companies then hire a bunch of I-9'ers, but since they're so small it's not worth a lawyer's time to put together the class action case.
Noobs.
Other big corporations know: You independently contract smaller local vendors as cut-outs and those companies then hire a bunch of I-9'ers, but since they're so small it's not worth a lawyer's time to put together the class action case.
Noobs.