Discussion in 'News' started by Butterdog, Sep 10, 2018.
WHAT IS AN INDEPENDENT CONTRACTOR?
The April 2018 court ruling now says workers are assumed to be employees unless all three of these factors can be proven:
(A) that the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work and in fact;
(B) that the worker performs work that is outside the usual course of the hiring entity’s business; and
(C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.
A) we are controlled and directed via surge, low AR notifications/threats, punishment for cancelling, required to wait a certain amount of time before we can cancel with a fee, we have to be within a certain distance before the cancel timer starts, etc.
B) this seems to be the only one that could be applicable. tons of drivers do other work.
C) I'd imagine most boober drivers were not livery drivers before boober
I called an old friend that also drives Uber, in LA. Suggested he call driver support with me on the line to listen and ask about this ruling and the status of Uber drivers in Cali.
What a joke.....
The agent stated that "oh you have nothing to worry about. Ever thing is fine and nothing will change". REALLY?
Uber is not going to do anything, I bet. They are great as ignoring things. Like laws, rules, norms, court orders, state laws, federal laws, etc.
Uber is more likely to ignore a law directly written to effect them then they are to actually follow it.
Orlando made a specific class of for-hire vehicle solely for uber and uber still didn't require people to get permits.
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