Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Drivers can switch on and switch off whenever they want. Drivers must actively accept a ride. The passenger controls the destination and route, and provides managerial feedback (ratings).

What exactly is Uber (the company) controlling?



> You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done)

> how it will be done

From a filed complaint (http://uberlawsuit.com/Complaint.pdf):

> Although classified as independent contractors, Uber drivers are employees. They are required to follow a litany of detailed requirements imposed on them by Uber and they are graded, and are subject to termination, based on their failure to adhere to these requirements (such as rules regarding their conduct with customers, the cleanliness of their vehicles, their timeliness in picking up customers and taking them to their destination, what they are allowed to say to customers, etc.)

The comment by bad_user basically says the same thing, but is anecdotal (https://news.ycombinator.com/item?id=10720036)

Additionally, one of the details Uber controls is that Uber drivers cannot drive older cars (https://www.uber.com/driver-jobs) - Car requirements are a year "2000 or newer (2005 in some cities)".

But what about jobs that dictate aesthetics? Via morgante (https://news.ycombinator.com/item?id=10721054)

> If I'm hiring contract models for a fashion shoot, I can dictate their aesthetics. Likewise, Uber can require its contractors to use equipment which meets a certain aesthetic standard.

Via http://www.nolo.com/legal-encyclopedia/preserving-status-ind...

> It's perfectly okay for the hiring firm to give you detailed guidelines or specifications for the results it expects from you. But how you go about achieving those results should be entirely up to you.

So a clean car, being on time for a pick-up, or what to say probably fit into specifications for the results Uber expects, however how the drivers go about achieving those results should be entirely up to the contractor. But the model year of the car crosses that line. It tells the driver how the job is to be done - with a car newer than 2000 (or 2005 in some cities).

Uber is most likely making this requirement to lower the probability of break-downs during the drive. So there's logic behind their reasoning, but their requirement also limits the independent contractor in a way that a company would limit their employee.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: