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You can tell someone to "do this work". You can only tell an employee to "do this work, at this desk, using this computer, for 8 hours between 8 AM and 6 PM every weekday". You can tell someone to "get it done by the first of the month or suffer a penalty". You can only tell an employee to "get 5% of it done every workday and send me your status metrics by 10AM every morning or you're fired". You can tell the carpenter what the work is that must be done, and provide detailed specifications, but if there are multiple ways to get that work done, you can only mandate those details for an employee. To some extent, building codes establish a minimum standard that everyone should be satisfied with, and you could tell an employee to do the minimum amount of work required by the building codes to get the job done, but you can't stop a contractor from carving Mayan-inspired engravings into every stud if they feel like that's what the job requires, or from using glue and joinery where most people would just put framing nails. As long as the work meets the specs, the contractor can get there by any route they please, no matter how much or how little actual effort is required. Uber can tell its driver to "to collect this fare, get this passenger to this location". When they start saying what kind of vehicle they have to use to do that, they are starting to move into employee territory. Clearly, a passenger can be moved from A to B by a restored and retrofitted tie-dye-painted 1970 VW minibus as effectively as a nearly-new factory-stock black 2018 Toyota Corolla, so when Uber is making requirements that speak more to their company's brand identity than to the reasonable requirements of the job, those are employee-like requirements. It isn't always clear whether a requirement is directed more towards the means or the ends, because specifying an end result precisely enough may dictate that the only practical means to that end be used. So California has decided to resolve this exploitable ambiguity in favor of assuming certain types of worker are employees unless a minimum degree of autonomy can be demonstrated. |