Employment: Are We all Helpless PUSSIES?

[DGS49]

Uber Judge Balks at Making Drivers Employees, for Now

If you have ever gone through the process of looking into driving for Uber, you notice that it is a very organized and logical process and the arrangement between driver and company is well-thought out and very plainly explained in a number of ways. You will NOT be an employee. You will be an INDEPENDENT CONTRACTOR. The implications for taxes, insurance (health, collision, and liability), vehicle maintenance and all of that are clearly explained.

Then, having gone over all their materials, you either decide to sign up and give it a shot, or you decline to do so. And as with a "job," if you decide after one hour, one day, or one decade that you don't like the arrangement, you can quit. Nobody is forcing you to drive for Uber. Ever.

For every single person who drives for Uber (or who takes any job, for that matter), driving for Uber is the best available option for you at the time when the decision is made. And it continues to be the best available option unless you are stupid or crazy. If you have a better option, you take it.

An ethical, moral person lives up to his commitments. If you have signed a contract of any kind, that constitutes a PROMISE, which must not be broken except under serious duress or changed circumstances. So to sign up to drive for Uber then SUE THEM TO FORCE THEM TO RECOGNIZE YOU AS AN EMPLOYEE is immoral, illogical, and nefarious.

And judges who even countenance such suits are WORSE than the individuals and their sleaze-bag lawyers.

You knew the "Deal" and you signed a contract to accept it. You are free to leave at any moment. If you wanted to work as a taxi driver-employee, you could have gone with a cab company (where the employment also "sucks," to be honest - I've done it), or taken up another line of work.

Imagine you and a gazillion others had said to Uber, "We refuse to work as independent contractors; we insist on being EMPLOYEES." And if Uber conceded, the entire compensation protocol would change, in order for Uber to be able to pay payroll taxes, UEC, WC, benefits, and so on. But NO, you want to change to employee status without giving Uber the opportunity to adjust the transaction accordingly.

It is nauseating. If you don't like the compensation with Uber, then don't drive for Uber (or Lyft). Those are the options. Si or No.

 

[rightwinger]

I think that business model works for Uber

The trend that worries me is employers calling all employees independent contractors. No benefits, no employee protections, no accountability

Good way to bypass labor laws

 

[danielpalos]

Not necessarily a Union but an Association could help out with the administrative burden and help Individuals bargain with Firms.

 

[WinterBorn]

I think that business model works for Uber

The trend that worries me is employers calling all employees independent contractors. No benefits, no employee protections, no accountability

Good way to bypass labor laws

It works well in some industries.

The main appeal, at least for me, is that you are typically paid production. That means, the more you get completed the more you make. Not good for lazy people, but if you want to hustle and make money, it is great.

 

[The Professor]

This is what the IRS says abut the issue:

People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, subcontractors, public stenographers, or auctioneers who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. However, whether these people are independent contractors or employees depends on the facts in each case. The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax.

If you are an independent contractor, you are self-employed. To find out what your tax obligations are, visit the Self-Employed Tax Center.

You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.

If an employer-employee relationship exists (regardless of what the relationship is called), you are not an independent contractor and your earnings are generally not subject to Self-Employment Tax.

However, your earnings as an employee may be subject to FICA (Social Security tax and Medicare) and income tax withholding.”

Independent Contractor Defined | Internal Revenue Service

The above link also provides that a worker may challenge his employer's classification of his job by appealing to the IRS for a binding determination.

"Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding (PDF) can be filed with the IRS. The form may be filed by either the business or the worker. The IRS will review the facts and circumstances and officially determine the worker’s status.”