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from the get-to-refile-four-years-of-state-and-federal-taxes,-too dept.
Arthur T Knackerbracket has found the following story:
New Jersey is the latest state to say Uber's drivers should be classified as employees rather than independent contractors. The state's labor department said that because of this misclassification, the ride-hailing company owes it roughly $650 million in unemployment taxes and disability insurance, according to Bloomberg Law.
The labor department reportedly has been trying to get unpaid employment taxes from Uber going back as far as 2015, according to documents obtained by Bloomberg Law. It said the company owed the state $523 million in overdue taxes along with another $119 million in interest and penalties for the last four years. Uber disputes these findings.
"We are challenging this preliminary but incorrect determination," an Uber spokesman said in an email. "Because drivers are independent contractors in New Jersey and elsewhere."
Driver classification is an issue that government regulators have been taking a closer look at over the past year. California passed a law in September that could require Uber and other on-demand companies to reclassify their drivers as employees instead of independent contractors. The law is set to go into effect Jan. 1. New York, Oregon and Washington state have considered similar legislation.
(Score: 1) by khallow on Saturday November 16 2019, @02:54AM (6 children)
Further, the distinction between contractor and employee is a solved problem that can't be easily exploited by employers. There's a list [thebalancesmb.com] out there. Uber apparently has done their homework on that one. From the link:
So at a glance, the Uber contractor provides their own vehicle and decides to the minute what their working hours will be - starting and stopping at arbitrary times. So that fulfills the "Behavioral Control" criteria. They can work for competitors - there are examples of people working for both Uber and Lynx or a taxi driver adding work via one of the ride hailing services. As has already been noted, the driver can incur losses. Hence, the "Financial Control" criteria is satisfied. And lastly, Uber's business is matching ride hailing drivers with passengers (including the financial infrastructure of the resulting transaction) - not the driving itself. So the contracting driver (there is a contract, of course) is not the core business of Uber.
Notice the key characteristics of an Uber driver: starts and stops working when they feel like it - not when Uber feels like it, provides own tools (particularly, a car and smart phone), can work for competitors, and does the driving while Uber merely does the matching. It's a bit innovative, but it's definitely contracting. Most other businesses can't provide all of that and hence, can't move their employees to contractor status. For example, my employer provides the equipment I use, mandates that I work particular hours, and I most certainly can't work for a competitor while I'm working for this company. The only real thing that would go towards contractor status is that my job isn't core to the company's business (it's a support job). That's not good enough with all these other contrary characteristics.
(Score: 0) by Anonymous Coward on Saturday November 16 2019, @03:28AM (1 child)
They were employees, but they got moved?
(Score: 1) by khallow on Saturday November 16 2019, @04:28PM
There's no genuine loophole too big that the existing business world couldn't take advantage of it.
(Score: 1, Touché) by Anonymous Coward on Saturday November 16 2019, @04:23AM (1 child)
That's complete bullshit, and if you don't know that it's only because your head is up your ass.
https://www.theguardian.com/technology/2019/apr/18/uber-lyft-drivers-surge-pricing-wages [theguardian.com]
https://sanfrancisco.cbslocal.com/2017/05/24/uber-sued-for-allegedly-ripping-off-drivers-with-bait-and-switch/ [cbslocal.com]
https://www.latimes.com/local/lanow/la-me-uber-drivers-lawsuit-20170429-story.html [latimes.com]
Your misrepresentations and lies are so transparent and easily refuted, Khallow. Were you born this big an asshole, or do you have to work at it?
(Score: 0, Troll) by khallow on Saturday November 16 2019, @04:18PM
(Score: 2) by edIII on Saturday November 16 2019, @11:19PM (1 child)
You conveniently ignored that Uber AND Lyft drivers have no control over pricing. All independent contractors, that are not abused employees, have control over the prices of their products and/or services.
The competitor thing is bullshit. I know people who work one shift at Burger King, and then another one at Carl's Jr. That kind of exclusivity is rarely found outside of salaried positions.
Yes they can. Especially when they can't simply raise prices to make themselves profitable.
No. As long as Uber is dictating the pricing, the drivers are employees. Period. The moment the driver has the ability to bid for, or set pricing for services, Uber becomes a service provider, but not until then.
Technically, lunchtime is at any moment. It's just a wave function.
(Score: 1) by khallow on Sunday November 17 2019, @05:22AM
Sure, they do. They don't need to turn out.
Which is the case here. The driver has the ability to bid for work. And they can just ignore work that's too low priced.
And those people can get fired from one of those jobs, if they don't show up to work because they're working the other job instead.