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by alisonkisk
2000 days ago
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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 |
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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Regarding your link, it refers to a law passed in Sept 2019 that was superseded by a proposition passed in Nov 2020: https://www.zenefits.com/workest/what-does-californias-prop-...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.