Uber Is Hurting Drivers Like Me in Its Legal Fight in California
nytimes.com
nytimes.com
Another thing that bugs me is quotes like this:
> While Uber cries out that having to follow the law would hurt its business model, Uber’s leadership curiously neglects to mention the billions of dollars in cash reserves it has told investors it has available or the generous compensation packages offered to its executives
Do people not bother to do math anymore? How much do they think these "billions of dollars" would yield in terms of ongoing driver income, had it somehow been distributed evenly (even at the cost of feasibility)?
I honestly believe the technology sector has had something to do with it. All the $8 an hour workers are tired of seeing some 20 something on the cover of Forbes after what (they imagine) was just a few hours of coding a silly flapping bird app. They also have no conception of net worth vs. liquid cash. Their obsession over the Bezos bank account leads to increasingly ignorant statements like “he could just spend the whole $100 billion and end world hunger!”.
It’s evidenced in statements like this about Uber’s cash. No mention of the fact that they lose nearly a billion, with a B, dollars every single quarter. The extremely competitive market they are in for talent leading to those pay packages. Similar to the discussions around rent control in my opinion, there’s very little substance. If you dig, it comes down to a simple truth - the prices are too high for me, I want them lower. That person has too much money, I want it.
There has been a growing gap for decades now between productivity and real wages https://www.epi.org/productivity-pay-gap/
It is only rational for the people being left behind - often the ones doing the labor that generates all this value - to demand their fair share
People decry for this mainly because it is very hard, if not impossible for many people to gather more wealth.
https://www.nytimes.com/2012/05/23/nyregion/new-york-taxi-dr...
I mean, I get that wealth inequalities are disparate and that everyone wants more of nice things. It just makes it harder to sympathize with someone's cause when their line of argumentation boils down to "to solve the problem, just give me more money". I want more money too, get in line!
Both sides seems to want their cake and eat it too. Drivers want benefits and better pay, but also the flexibility to pick their own hours and have uber / lyft be in business long term. Uber and Lyft want to keep drivers as "contractors" but not have people complain.
If the tradeoff are between:
1) flexible schedule and being able to work for multiple gig companies at the same time vs benefits and stability.
2) Making more money vs leaving uber / lyft in a position where they can be a sustainable business (I assume most drivers don't want them to go out of business).
Then where is the balance point? And is there another setup that satisfies both parties?
1) Universal Healthcare, regardless of employment status
2) Keep the drivers contractors, allowing them to work multiple jobs if they like.
3) Tax the income over 5mil a year more aggressively.
In the end:
1) Everyone gets healthcare. All the drivers have flexible working hours, and work as hard as they like. They gain healthcare,but they don't get better pay.
3) Companies like Uber can keep operating well. Only their rich executives get more tax.
4) Decouple healthcare from the job, lowering the barrier for people to abandon bad jobs and move to the next one. It has a healthy benefit for the economy as a whole, allowing the employees to vote with their feet on whether the business is good.
In the situation, both side asks for all the cake and eat it too. The setup above is IMHO a better compromise.
Opinions are my owns.
But in countries where that's a solved problem then the problem becomes Uber/Lyft have no duty of care for sickness or holidays, they're doging other labor laws.
So in the UK, the gig economy argument is focused on that instead, no sickness/holiday pay means drivers are working when they shouldn't, or ending up broke if a long-term illness hits.
There's even been contractors being fined for being sick because they're unable to do deliveries. Which fundamentally goes against the social contract companies are supposed to have in the EU, making them very parasitic.
Then again, most American companies are coming off as extremely parasitic in the EU, doging taxes, etc.
There's even been contractors being fined for being sick because they're unable to do deliveries. Which fundamentally goes against the social contract companies are supposed to have in the EU, making them very parasitic.
This is the major pain point. Uber and Lyft see their employees as contracters and thus do not pay their fair dues in maintaining the healthcare and social system (while still getting the majority of the benefits from it).
It might be more beneficial from a finanicial perspective for uber's shareholders, but it ruins the social prospect of the community as a whole in the longterm.
These are all insurance problems that eventually end up with the government being the most efficient end point, where the tax for them should collected for any kind of personal income, no matter if it is capital gains, W2 or independent contractor work.
I found the social contract, but could not find anyone who actually signed it: https://steemit.com/anarchism/@ritherz/the-social-contract
That sounds totally fair to me, be free little anarchist! Wallow in your shit without sewers or water. Sounds delightfully rustic, but not for me.
But this isn't a problem that Uber can fix. I too wold love to decouple healthcare from employment, and it doesn't have to be single payer: Something where people buy their own insurance from healthcare.gov would be fine for me. (Obviously employers would have to increase salary to account for the healthcare costs they are no longer paying.)
But right now we need to solve this within the constraints of what is available. Decoupling healthcare isn't something that's going to happen any time soon, although California could just go and do it, same as Massachusetts, they don't have to wait for the Federal government.
- But don't agree on universal healthcare and taxing more aggressively over x. Aren't people already being taxed about 50%, if not more. Instead of higher taxes to withstand astronomical costs of healthcare, won't it be better to work towards that problem by reducing healthcare costs and let people decide how to spend their money. Often seems the conversation is who pays the high costs of healthcare - govt, employer, insurance etc. but not about why is it that high and how can that be lowered. For e.g. I'd rather tax sale of processed sugar foods more to support healthcare for the impact they have on the healthcare system than taxing everyone who makes more money than x
For many Uber drivers, the flexibility is the selling point. You could work 60 hours, or you could work 3. You can work only during the weekends or during the summer and still maintain your regular job.
Like many things in life, this problem is more nuanced. I'm curious where it will go.
Finally, if an ideology can be quoted in a single pithy quote, maybe it isn't sophisticated enough to stand up to scrutiny.
If a healthcare system is based on you having to get benefits through your job, maybe we need a better health care system.
In this case, that long term may be self driving cars or the value of the ecosystem and install base.
But most American companies operate in ways that are extremely anti-employee and concentrate wealth at the top, if successful. Many of them could not operate in other first world nations. Could you image some employers you've had planning for team members to have an $11 hour minimum wage, up to 6 weeks of paid sick leave or up to 70% for more time, 24 days of vacation to start, 6 weeks off before giving birth and up to 8 weeks after (paid) for maternal and paternal leave, and more strictly followed regulations on worker protected classes/benefits/hours.
EX: https://www.howtogermany.com/pages/employee-rights.html
My employer could because they offer benefits close to much of the EU benefits package from the start, with relatively good medical/etc and minimal premiums. Could yours? Could McDonalds? Could Uber?
Are you sure? California seems to be speaking for these people. I would like to see a middle ground where drivers can explicitly mark Uber as their job and get benefits.
Either way, as an Englishman this just strikes me as a negative side-effect of the terrible US system without single payer healthcare.
Taxis are often 2-3x more expensive than ridesharing because that's what the cost is to pay someone to drive you around, and maintain a private vehicle.
The solution should involve reducing the need of private vehicles. But that's a much bigger conversation.
Actual taxi drivers are paid shit too. Often have to pay something like $3000/month to rent the license & car from the actual license owner as independent contractors, at the end of the month you end up with Uber-esque pay anyway.
Talk to a taxi driver and ask them how it actually works, it might surprise you.
If uber and lyft disappears, some of the drivers may go drive black cars sure, but I think most will be driving taxis or looking for work else where.
But I used black cars before Uber, and after. Uber made it more convenient, but at a big cost to the drivers. While breaking the law.
https://ac32b1ba-8f5b-411f-91ab-b7ae9a046606.usrfiles.com/ug...
Unfortunately, until we actually have the election, this is all just anecdotes fighting against potentially flawed data.
Given the choice between "Let us be ICs" and "Uber/Lyft leave CA" or "Half of drivers will lose their jobs", of course the data is going to show people want to be ICs. That choice ignores the third option, which is Uber/Lyft treat people with dignity.
The questions were fairly straightforward:
"Thinking about your work driving or delivering with app-based rideshare and food delivery companies, do you prefer to be an independent contractor or an employee?"
"Even though you are not sure, if you had to choose would you prefer to be an... Independent contractor 58 Employee 42"
"Thinking about your own income, for you is rideshare driving/delivery: Your only personal source of income 19 Your biggest source of personal income, but not the only source 17 A significant source of personal income, but not the biggest 25 Just supplemental income, not a significant source of personal income 38"
I recommend reading through the entire thing: https://ac32b1ba-8f5b-411f-91ab-b7ae9a046606.usrfiles.com/ug...
To reiterate, there is no substitute for a full election, and the design of polling questions will be litigated forever. But it's still better than a single heartfelt anecdote.
The real nugget of gold in that study is Q13. 83% of drivers support a third class of worker (between employee and IC). CA's Congress failed drivers with AB5. They should have defined that third class. Now Uber/Lyft get to dictate the terms we will vote on instead and drivers lose either way.
No more than you can take a single driver's anecdote in a NYT Op-Ed in isolation. The argument is that the aggregate poll is better than the anecdote, not that it's the platonic ideal.
> The real nugget of gold in that study is Q13. 83% of drivers support a third class of worker (between employee and IC). CA's Congress failed drivers with AB5. They should have defined that third class. Now Uber/Lyft get to dictate the terms we will vote on instead and drivers lose either way.
I'm not sure how that refutes anything, it's strictly additive. One question asks about the status quo, the next question asks about how they feel about a future proposal. Both provide pretty valuable data in analyzing the political popularity. And of course Uber/Lyft get to dictate the terms, until now the legislators dictated it by passing AB5 (the current status quo). From the first set of questions, it's pretty clear that drivers polled feel differently about the status quo. Now Uber/Lyft are proposing an alternative.
Honest question: what would convince you that a poll isn't "polluted by FUD"?
Accurately describes every single conversation I had with every Uber/Lyft driver.
They have a huge uphill marketing battle ahead of them. Every time I see an ad for prop 22, almost all the comments say roughly: "I'm voting no because drivers deserve health care and sick leave!"
These folks don't realize (because the prop 22 people are doing a terrible job at marketing) that prop 22 actually requires those things to be provided. I think a lot more people would favor prop 22 if they actually read it.
The pro-22 companies have contributed $110 million to the campaign. That's plenty to hire some good PR, and two orders of magnitude more than the groups opposed. So one could hypothesize their terrible marketing on 22's employee protections is because it has poor protections compared to the alternative
So yes, it's a compromise, but it seems like a pretty fair compromise.
This basically fixes that hole and creates a middle ground -- a person who has the flexibility of a contractor but the benefits of an employee if the work enough hours, without getting classified as an employee.
Probably similar to "read headline" vs "read article"?
It seems like most people don't get much further than the legislative analysis, if they even get past the headline. And the headlines have been getting worse every cycle. It's obvious that the people writing the propositions know that most people vote based on the title alone.
I'm the only person I know who reads the full text of every proposition.
As a contracted driver, you may be able to pay your next bill by driving, but once car maintenance and taxes come due you will have earned less than minimum wage, and would have made more money working at Starbucks.
This is why most drivers leave after less than 6 months when they have discovered they have been scammed.
The elephant in the room is that the only reason this is an issue is because we as a country have an ass backwards system where your health care is tied to your employer.
If we as a country think that there everyone deserves a “livable income” (and I agree), make corporations pay the taxes necessary and increase the amount, availability and access to the Earned Income Tax Credit.
If you're an investor or a driver, you won't make money, and you'll be out of pocket.
The only people who gain from Uber are the Uber Administration.
https://www.mrmoneymustache.com/2017/11/22/mr-money-mustache...
This is one of my favorite quotes:
"Imagine developing a company specifically to take advantage of people’s ignorance of how expensive it really is to drive their own car. What would this company look like?" (the answer is of course that it would look like very much like Uber or any other ridesharing company)
To me that highlights a more important problem - Uber/Lyft are enjoying the benefits of a massive data asymmetry. Neither customers nor drivers can make the right economic decision because we have a very, very tiny slice of the whole picture.
Maybe one quick way to start solving the rideshare problem is force them to publish this data publicly?