Uber's Prop 22 Earnings Guarantee Explained By A Driver

Deadmiler69

Well-Known Member
I'm guessing the reasons to 'cancel' are going to shrink to maybe a couple if we are made to be employees. Unsafe pickup, no show....

Pings, tho, we'd have to accept every single one, because (wait for it) we'd be employees with no options to decline.
But you’ll get 3 sick days a year!!
 

Fusion_LUser

Well-Known Member
Pings, tho, we'd have to accept every single one, because (wait for it) we'd be employees with no options to decline.

I am looking forward to reading these types of comments in February 2021 if Prop 22 fails.

<new pissed off UP member> - Stupid Uber fired me because I didn't accept a ride from Wal*Mart.
<new pissed off UP member> - Stupid Uber and Lyft will not let me work for both companies at the same time.
<new pissed off UP member> - Stupid Lyft fired me because they found out I was driving for Uber.
<new pissed off UP member> - Stupid Uber says I am required to work 11:17AM to 3:23PM on Tuesday 40 miles from my home.
<new pissed off UP member> - My minimum wage paycheck is full of deductions!
 

SHalester

Well-Known Member
<new pissed off UP member> - Stupid Uber fired me because I didn't accept a ride from Wal*Mart.
<new pissed off UP member> - Stupid Uber and Lyft will not let me work for both companies at the same time.
<new pissed off UP member> - Stupid Lyft fired me because they found out I was driving for Uber.
<new pissed off UP member> - Stupid Uber says I am required to work 11:17AM to 3:23PM on Tuesday 40 miles from my home.
<new pissed off UP member> - My minimum wage paycheck is full of deductions!
All that & more. Should be a song.
<new pissed off UP member> - Won't let me work over 8 hours in any day and won't let me work 7 days a week!!!!!
 

Judge and Jury

Well-Known Member
Don't listen to Nic Fit who resorts to name calling because he has been hired by Uber to post his propanganda . Prop 22 was made to overthrow laws that were made to benefit drivers with guaranteed wages, protections, paid sick pay, unemployment . Prop 22 was made to overturn these laws and protections that are pro drivers increasing their pay and decreases profits for Uber Lyft . I'd like to see Nic Fit come up here to Portland and meet me face to face but Nic Fit is shaking in his shoes at the thought . This site is owned by the Corps and everytime someone publishes the truth on Prop 22 it get's deleted . Oh, they leave in a few posts to make you think all posts remain but for the most part negative or truthful posts against Prop 22 are deleted as all of mine has been . Vote NO on prop22 .
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Like his name says = Nic Fit and yes, he's paid to post every word .
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Just the opposite, Nic Fit . Drivers will have their pay reduced by 50 % if prop 22 passes . Uber / Lyft didn't spend 90 million on this bill for the drivers . They spent this money in advertising to increase their profits and decrease profits for drivers because passing prop 22 will make them excempt, at least temporarily from complying with guaranteed wages and benefits for all drivers . Vote NO on 22 . Don't listen to those like Nic Fit pretending their drivers because they are not actual drivers .
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Just the opposite, Nic Fit . Drivers will have their pay reduced by 50 % if prop 22 passes . Uber / Lyft didn't spend 90 million on this bill for the drivers . They spent this money in advertising to increase their profits and decrease profits for drivers because passing prop 22 will make them excempt, at least temporarily from complying with guaranteed wages and benefits for all drivers . Vote NO on 22 . Don't listen to those like Nic Fit pretending their drivers because they are not drivers .

That's right . It's another fake driver attempting to decieve you . VOTE NO on 22
If prop 22 fails, AB5 will be the law of the land.
Do you realize you will be treated exactly as an employee. A minimum wage, part time employee.
That's if you are even offered a job.
Who in their right mind would want to be an employee of any these manipulative gig app companies?
 

Deadmiler69

Well-Known Member
All that & more. Should be a song.
<new pissed off UP member> - Won't let me work over 8 hours in any day and won't let me work 7 days a week!!!!!
Let’s not forget an 8 hour day as employee is actually 8 hours and 45 due to mandatory unpaid 30 minutes meal break and 15 minute paid rest period also mandated by law that must occur in your first 6 hours of being on clock.

Imagine that as the spoken rap verse of this awesome new song
 

Judge and Jury

Well-Known Member
Let’s not forget an 8 hour day as employee is actually 8 hours and 45 due to mandatory unpaid 30 minutes meal break and 15 minute paid rest period also mandated by law that must occur in your first 6 hours of being on clock.

Imagine that as the spoken rap verse of this awesome new song
Breaks may not come into play as we will be part time, minimum wage employees if AB5 is enforced.
 

SHalester

Well-Known Member
Breaks may not come into play as we will be part time
4 hour shift = a break of 15 minutes.

15 minute break for 4-6 consecutive hours or a 30 minute break for more than 6 consecutive hours. If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked.
 

Judge and Jury

Well-Known Member
4 hour shift = a break of 15 minutes.

15 minute break for 4-6 consecutive hours or a 30 minute break for more than 6 consecutive hours. If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked.
Ok. 15 minute break for four hours. I understand.
 

Paul Vincent

Well-Known Member
Let’s not forget an 8 hour day as employee is actually 8 hours and 45 due to mandatory unpaid 30 minutes meal break and 15 minute paid rest period also mandated by law that must occur in your first 6 hours of being on clock.

Imagine that as the spoken rap verse of this awesome new song
You don't know very much about the law, 15 minute breaks are paid by the company included in your shift, meal breaks or not. Stop spreading misinformation information
 

Deadmiler69

Well-Known Member
You don't know very much about the law, 15 minute breaks are paid by the company included in your shift, meal breaks or not. Stop spreading misinformation information
Then why did I have to clock out every single shift I’ve ever worked as a part time server in California restaurants? Ask anyone with a part time job if they have to clock out for meal breaks. 30 minutes unpaid meal period. My rest periods were on the clock but not allowed to leave property.
GFY
 

Paul Vincent

Well-Known Member
Then why did I have to clock out every single shift I’ve ever worked as a part time server in California restaurants? Ask anyone with a part time job if they have to clock out for meal breaks. 30 minutes unpaid meal period. My rest periods were on the clock but not allowed to leave property.
GFY
That's what I wrote "meal breaks are not" paid for by the company. Your petty anger is unbecoming.
 

Paul Vincent

Well-Known Member
WTF are you talking about? Read my post. It says my “UNPAID” 30 minute meal break. Then says my PAID rest period. What am I missing?
The 15 minutes are not added to the 8-hour shift it's within the 8-hour shift. I see you did an edit on your post. Tricky.
 

Deadmiler69

Well-Known Member
The 15 minutes are not added to the 8-hour shift it's within the 8-hour shift. I see you did an edit on your post. Tricky.
No edit. In fact you are right my math would be off. It’d be 8.5 hours (plus commute to work). I was off by 15 minutes on my math. Point still remains the same. Way to pick something that really doesn’t matter. Grasping at straws much?
 

I will crack Lyft hacks

Well-Known Member
I have never known an independent worker/business person who ever received a guaranteed wage or income or insurance.
Define a business person?

You surely are not talking about Rideshare drivers.
At best we are some hybrid but not actual business people running our own business.

If you think working with blank contract offers pass as IC, you are alone.
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You won’t get 57.5 cents per mile .
What do you mean?
I don’t get it!
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My rest periods were on the clock but not allowed to leave property.
Are you saying if prop 22 fails, we will get paid brakes, but we can not leave our cars during said brake?

I don’t get it!🤔
 
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bsliv

Well-Known Member
Define a business person?
One criteria of a business person is they won't receive a guaranteed wage or income.

If you think working with blank contract offers pass as IC, you are alone.
It sure could be. One who accepts a blank contract is not very smart. If one is a bad business person doesn't take away from the fact they are a business person. For example, if I offer the local mechanic $100 to fix my car and he accepts, he is a bad business person. The mechanic doesn't know if I need my windshield wipers or transmission replaced. Some who accepts a contract like my offer should not be in business.

If someone accepts a contract to deliver a person to an unknown location for an unknown amount, that's on them. Is it smart? Is it dumb? What do we call people who continue to do dumb things? I know we don't call them smart business people. The fact that there are unknowns doesn't mean they aren't in business.

Is someone who drills for oil using his own equipment and own knowledge of where to drill, and always sells their oil to Shell at an previously agreed upon price, an employee of Shell? What if the price varied, based on current market value of oil? The driller may drill 20 holes and find no oil and lose big money. Should they be guaranteed an income? If Shell keeps offering less and less per barrel, does that make the driller an employee? If the driller can't make a profit, does that make the driller an employee or a bad business person?
 
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I will crack Lyft hacks

Well-Known Member
Is someone who drills for oil using his own equipment and own knowledge of where to drill, and always sells their oil to Shell at an previously agreed upon price, an employee of Shell?

Lets examine.

Driller A
Employee or IC

Let’s say he has a previously agreed upon price with order details.

He also set his own rate and wins the drilling job bid.

He can sell his oil to other than Shell if he chooses too.

He has a trade and has a business card and can practice his trade without restriction from Shell or State/Federal law.

Driller A is not an employee of Shell.

Driller B

Does not get to previously agree to the price and get order details. ( Does not have the same ability like Driller A to make business decisions)

He does not set his own rates, nor does he negotiate the rates. Rates are set by Shell and contract is hidden till job is done.

He does not have the permit or license to drill for oil, nor sell oil. He can only do it under Shells license. He has no business card and can not drill for oil legally on his own.

He only drills for Shell And has no drilling work on his own or outside Shell.

Then realistically, logically, and even legally Driller B would be found an employee under The law in most Western countries.
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bsliv

Well-Known Member
is not an employee
Driller uses his own equipment. Driller decides where, when and how long to drill. Driller can sell his product to a number of companies. Driller has state authorization to drill and sell. Driller can lose money by making bad decisions. Driller's income is only limited by market rates. Shell has set up a system that makes it the easiest to sell to. Driller negotiated with shell for a higher price but Shell has enough supply of other drillers that they don't need to raise their price paid.

Now substitute drive for drill and Uber for Shell.

I offer $1 for 100 worms. If people sell me their worms for that rate, it doesn't make them my employees. They have their own business. They may try to negotiate with me but I have enough other suppliers that I don't need to offer more. If I offer $0.01 and they still sell to me, it doesn't change anyone's ic status. The amount is irrelevant. Who offers the amount is irrelevant.

The federal Internal Revenue Service classifies Uber drivers as independent contractors. At least 47 states consider drivers as IC's.

Did the 5 workers for Premiere Directional Driller have the ability to sell their product to Shell, Exxon, Standard Oil, etc? Did they use their own equipment? Could they have lost money during the time they worked there?
 
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I will crack Lyft hacks

Well-Known Member
Driller uses his own equipment. Driller decides where, when and how long to drill. Driller can sell his product to a number of companies. Driller has state authorization to drill and sell. Driller can lose money by making bad decisions. Driller's income is only limited by market rates. Shell has set up a system that makes it the easiest to sell to. Driller negotiated with shell for a higher price but Shell has enough supply of other drillers that they don't need to raise their price paid.

So based on that Drillers are Independent contractors. I don’t know the details of the drilling industry set up. Based on what you explain there is no Driller B (misclassified). All Drillers are treated as Driller A.
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The federal Internal Revenue Service classifies Uber drivers as independent contractors. At least 47 states consider drivers as IC's.

Correct, for IRS purpose Uber drivers are considered IC’s. IRS uses what’s called the 20 Factor test.

The problem is other departments do not use the 20 Factor test. For Workers comp board, there Is a test, for UI there is a test, as well as for wage theft, back pay there is a test under Labor department.

A worker could win Worker comp, UI, and back pay. Be considered an Employee for those purposes. Yet be an IC under IRS.

If you want to start a business you should know your states different classification tests.

47 states do not Consider Uber drivers as IC’s. Drivers have won arbitration all over the states.
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Mostly if the driver gets blank contracts, has no say over rates, does not have commercial insurance and can not legally operate without Uber, then Uber would lose arbitration case in most States.
 
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bsliv

Well-Known Member
47 states do not Consider Uber drivers as IC’s. Drivers have won arbitration all over the states.
So, which states issue a W2 to drivers? I've only received 1099's. If one wants to drive rideshare in Nevada, they need a state business license. If one wants to drive in Clark County Nevada, they also need a county business license.

The problem is other departments do not use the 20 Factor test. For Workers comp board, there Is a test, for UI there is a test, as well as for wage theft, back pay there is a test under Labor department.
Workman's comp and UI are state programs. The IRS is federal.

Mostly if the driver gets blank contracts, has no say over rates, does not have commercial insurance and can not legally operate without Uber, then Uber would lose arbitration case in most States.
Drivers don't get a blank contract. They get a contract which, in my opinion, is missing some key data. Drivers do have a say over rates. They can negotiate with Uber. Don't be surprised if Uber refuses to negotiate. They have plenty of drivers that will drive for their offered rates. Drivers also have the option to refuse Uber's offer.

I'll repeat: I offer $1 for 100 worms. If people sell me their worms for that rate, it doesn't make them my employees. They have their own business. They may try to negotiate with me but I have enough other suppliers that I don't need to offer more. If I offer $0.01 and they still sell to me, it doesn't change anyone's ic status. The amount is irrelevant. Who offers the amount is irrelevant.

can not legally operate without Uber
They sure can. They can drive for Lyft or any other rideshare company.
 
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