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by jermaustin1 2589 days ago
I'm not a lawyer, nor do I agree with what I'm about to say, but the drivers need to be careful, because they might run afoul of collusion.

Since they are all independent contractors, they are "rivals" in the same industry, so with all of them cooperating to increase fares for their benefit (and based on my understanding of the law), they are technically colluding.

4 comments

They should just form a union. Contractors can form one - they don't get all the privileges (for example, the employer isn't legally required to bargain with them, and can retaliate against strikes) but it'd probably permit this sort of short-term work stoppage.
Depends on the state, but federally, independent contractors are excluded from the right to form or participate in unions as defined by the National Labor Relations Act.

EDIT: independent contractors are excluded from the protections of their union actions.

https://cwa-union.org/about/rights-on-job/legal-toolkit/my-e...

> As an independent contractor, the terms and conditions of the work you perform are set out in a contract between you and the employer. Even though you are not considered an “employee” under federal labor law, you may still join a union. However, you should keep in mind that a unit of independent contractors is not subject to the same privileges and protections as a regular union bargaining unit. For example, an employer is not under the same obligation to bargain with a union regarding contract terms for an independent contractor that it is to bargain over issues affecting its regular employees. Also, an independent contractor who went on strike would not be protected from employer reprisals under the National Labor Relations Act.

Plenty of contract plumbers, electricians, etc. are members of unions.

But are they allowed to set a price? If the app doesn't allow them to do it then maybe it is slightly different story. Maybe it is Uber of Lyft who manipulates the prices by punishing those who doesn't want to accept low-cost rides.
Is that illegal? They can always claim it's not collusion because anyone can join uber and set another price - They are not stopping anyone from doing that. (also it seems almost trivial to fix this with a change in algorithm)
That's an interesting take. Someone else in the thread likened it to a strike for higher wages, happening multiple times in a night. I wonder where the line is between that and collusion?