For someone wanting to start an on-demand service, what would be the correct way to design their app so that you could meaningfully link requester to providers?
However, that being said this is ridiculous! Having employees would completely change what Uber is about. Uber is a platform not a taxi company.
Uber drivers right now can:
* choose their own schedules
* turn down customers they don't want
* just stop working with Uber with no notice
All things that most employees can't do.
Actually, they can't. If you reject more than a certain percentage of customers, Uber bans you from the platform.
Some Uber drivers have taken to getting around this by accepting the request and then fraudulently cancelling with "rider requested cancel" as the reason.
When Uber started cracking down on that, a bunch of entitled fraudsters threw a fit and claimed Uber was using "intimidation tactics": http://therideshareguy.com/uber-deactivated-a-bunch-of-drive...
That was the moment when I learned how many drivers are actively out to screw over everyone else: both Uber and the customers. So whenever I see Uber drivers protesting or threatening legal action, I laugh at them.
1. Finance cars for their drivers; 2. Provide the legal interpretation of federal/state/county/local laws and regulations to its drivers; 3. Provide the actual tools (except the car) to complete the work; 4. Provide training for drivers; 5. Pay bonuses to drive specific hours and/or in specific locations/jurisdictions
All things that most companies can't do with independent contractors?
Uber doesn't get to decide what it is and what it isn't. That's not how laws and regulations work. Uber markets itself as something , it is just marketing, it doesn't influence Uber legal status or Uber drivers status. If a judge decides Uber drivers are employees then the latest will be entitled to there rights as employees, Uber can do nothing about it.
For example, if you engage an independent contractor in CA, State law mandates certain provisions to be included in the agreement. Moreover, if these independent contractor provisions not included in the agreement then there is a presumption of employer/employee relationship.
Obviously the distinction is not limited to what is in the agreement, but also the practical relationship, including, but not limited to things like: control; payment of taxes; setting of hours; providing tools; etc... Unfortunately, most people will simply look to federal or IRS rules, but that is not enough, again each state/jurisdiction will have distinctions that if not complied with will result in unfavorable rulings on the issue.