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by newfeatureok 2001 days ago
Personally I have no problem with Uber drivers being contractors but I wish it were more like eBay in that you could set your own prices and routes as a driver and then as a “buyer” set your own maximum price.

For example if I’m going to New York in a month I’d love to say hey I need a ride from Penn Station to Brooklyn and I’m willing to pay $10. Ideally then the driver could, with the help of the app consolidate these requests and then pick me and maybe a few others up and complete the route.

4 comments

but I wish it were more like eBay in that you could set your own prices and routes as a driver and then as a “buyer” set your own maximum price.

That's the definition of "contractor" that many companies would prefer to ignore. See also: Amazon delivery drivers, which are just employees without benefits who also have to pay for their own tools to get the job done. In other words, "contractors", except for that pesky autonomy part.

> contractors", except for that pesky autonomy part.

Wouldn't setting your own working hours, literally minute to minute, qualify?

Also, setting prices as a driver also exists, at least in CA: https://www.uber.com/blog/california/set-your-fares/

A key factor in US law is that a company can't use independent contractors for its primary business function.

Also, an independent contractor isn't bound by the clients requirements for how the job is performed, only the result of the work. Uber requires specific cars and behavioral standards, and specific moments for the work it assigns.

https://www.dir.ca.gov/dlse/faq_independentcontractor.htm

> A key factor in US law is that a company can't use independent contractors for its primary business function

Uber maintains that their business function is providing a marketplace for drivers and passengers to buy/sell "chauffeur" contracts, the way eBay does for goods.

Whether this interpretation is the one the courts should accept is what's in question, as there are obvious differences with the well-established eBay example. But its not facially ridiculous, and ignoring their claim entirely just provides more heat than light.

Regarding your link, it refers to a law passed in Sept 2019 that was superseded by a proposition passed in Nov 2020: https://www.zenefits.com/workest/what-does-californias-prop-...

To be clear, I don't think Uber is necessarily right here; my complaint was narrowly about the GP's /r/politics-quality comment about "companies choosing to ignore that pesky autonomy requirement" without engaging at all with the arguments being put forth by each side.

That makes sense, but wouldn’t work from a product POV as your transactions are real time with Uber vs EBay. Uber was found a nice loophole, where they get all the benefits of a contracted workforce while putting guardrails similar to an employee. But since it benefits consumers a lot, governments have struggled to regulate it and their recent victory in California puts them on a much solid footing
This already exists for Uber drivers in California: https://uber.com/blog/set-your-fares/

I don't think it will have much impact since small undifferentiated suppliers are largely price takers in a competitive market.

Sounds neat in theory, but practically speaking that is a UX nightmare.
Why do you think it would be a UX nightmare? You can already schedule rides and algorithms to find rides already exist.