Algorithmic Wage Discrimination (2023)
columbialawreview.org
columbialawreview.org
Either we pass some laws that deeply upset some oligarchs and future eras see this one as a "wild west" of data-driven exploitative practices, or we permanently destroy the bargaining power of everyone not big enough to be doing mass-surveillance, which is effectively the end of markets and the rise of a sort of advanced feudalism (which some would argue is quite far along already)
One obviously seems better to me, but to be fair I am biased, being in the class of people who don't own an enormous corporation
Particularly relevant since this paper is primarily about ride hailing and delivery services.
It's not really sharecropping, since Uber doesn't write car loans. Feudalism? In a society so utterly dependent on cars, that doesn't seem terribly far off.
I suppose the "good" news is that none of the rideshare companies have managed to prove that their business model is even profitable. So, even in this stupid postmodern techno-feaudalist hellscape, maybe we won't have people effectively indentured by their cars.
Profitability may be a trifling concern for the companies, but it's not for the investors.
Then I came back to this thread and had a similar experience to when I checked on the Internet’s reaction to The Last Jedi after I got out of the theater, and was surprised to find that my experience of it as the only almost-actually-good SW film since the original trilogy was, um, not what most others had taken away.
This is a common form for papers and arguments in the social sciences, but maybe a lot of HNers aren’t used to it.
[edit] to be clear, the paper lays out plainly that this is the case, and a person unfamiliar with this way of writing could figure it out from the text per se, but if one is not looking out for this kind of structure I can see how one might overlook the parts where it straight-up says “that’s not what this is about: here is what this is about”
Before app work, unpredictable schedules were a problem for people juggling multiple part-time jobs. Presumably they still are and the news just has a new shiny to play with.
Paying people more to cover undesirable shifts means that people with more flexibility or who choose to make more personal sacrifices will get paid more. I remember something about... pharmacists I think it was? and how these factors lined up with some of the traditional "group X gets paid more than group Y" groupings.
A job that doesn't artificially limit available positions will tend to pay just slightly more than whatever job ranks next for having a wider pool of eligible workers. Something where the next thing in that ranking is panhandling or unemployment is never going to pay well unless prospective workers are turned away.
This is key because it’s close to the thing that made me go “ah ha” reading the intro: modern surveillance and algorithmically-managed pricing (so, cheaply modified at arbitrarily-fine resolution based on arbitrarily-many quantifiable factors) open up the possibility of pushing this exact effect from groups of workers to individual workers.
You can avoid (at least to some degree not previously achievable) addressing a pool of workers and instead only clear the rate for a particular worker. No human management input needed per-decision or in any part of the broader offer-decision process and surrounding data gathering and measuring, which is what makes it possible.
Now throw in a bunch more factors than just prior bid history, thousands of workers in the dataset instead of two, and such high volume and pace of work that you can afford to periodically experiment by setting, say, a random 10% of each set of offer-receivers lower than your formula would usually suggest, to see if anything’s changed and maybe they’re more-desperate for some reason (you don’t even need to know why… though, imagine if you could spot reasons some workers might be more desperate! Hm…)
Now (maybe) extrapolate to similar, slower-paced efforts in less-marginal areas of work. Interesting (yikes) possibilities.
The thing that stood out to me the most is the transparency argument. When you get paid hourly, you're told upfront how much extra you get paid for overtime, for odd hours, etc. But with rideshare apps, a number just shows up on your screen. You have no knowledge of why that number is what it is.
There's also the social side of the transparency issue. Back when I worked foodservice, I could just ask my coworker what they got paid per hour. As a rideshare driver, you never see your coworkers. Even if you did, you have nothing to compare. There's no "per hour," and "per mile" is rife with caveats, assuming the app even shows you that. With no way to compare to each other, how do rideshare drivers collectively discern what is or isn't fair pay?
So like, before the gig economy, yes, you might be juggling a job at McDonald's with another at Jo-Ann with a hardware store, and Jo-Ann called up at 7 and said you have to come in Or Else, and then you came in by 7:45 and they said "eh too many people showed up, nevermind" and you're up shit creek, so now you're poking by your McD's which could always use some extra help with the breakfast rush but wants you to clock out between 10:30 and 11:30 so you're having to call up the hardware store to see if you can get paid there.
That is bad, to be sure. You have to be playing all the angles, checking in with everybody, you have to hustle hard to make ends meet.
But according to this, your job at GigBurger is one where they say "hey if you can work for at least 6 hours today, we'll give you a big bonus," with the caveat that you are auto-clocked-out not just at 10:30 but whenever there's nobody in the checkout line or drive-thru, so that "6 hours minimum wage" has to be accumulated over 10 actual hours at work -- which is fine if you can get that bonus. But the shitty algorithmic part is that when you get the GigBurger App to rack up 5 hours of work, suddenly it says "oh shoot we're overbooked for your current GigBurger Restaurant, but you know there's a big surge in customer demand over on the other side of the city, go there and get 2x wages and you'll also make your last 1h for sure" and they are fuckin' lying to you and leading you to other overbooked GigBurgers in the hopes that they can run you back and forth across the city without paying you until they exhaust your desire for that last hour's work that would get you the bonus. And you have to be able to discern between actual surges and algorithmic lying to determine whether to attempt the journey across the city or just stay put and see if the GigBurger next door has someone clock out early.
The article clearly lays out why this is a difference in quality, not just quantity: it says that the default American story of "hard work and hustle will be rewarded", which you absolutely had in the "unpredictable schedules" world that you are talking about, shifts to one where the psychological story is that "GigBurger is a casino, roll the dice and hope to God that you get lucky today." Any individual unpredictable job might have been a casino, but you knew that your employers weren't all in cahoots to deprive you of a promised lucky payoff that was the only thing that made the job sorta worth it.
Would it be fine if there's an algorithm that was able to more accurately predict that if you go to this location at those hours you would be able to make 1.5x more for the several few hours?
There's no reason an algorithm shouldn't be able to do that.
Or an algorithm where you can specify how many hours you plan to work and then it will provide what it calculates the most optimal path for you to take, where perhaps you can even use a slider to quickly test.
This was the nice thing about working for an MEP* subcontractor, I got to see the unions and the company teaming up, “look the margins are razor thin, we want to get home safe and make ends meet but not if it starves the company and we're all out of a job in 5-10 years.” And in that environment, every pipefitter could know that the algorithm isn't specifically screwing them over. The unions needed our explicit sign-off that our tech to help them track the status of their projects wasn't gonna be able to be used to track how much time their folks spent in the bathroom on a given day. But try telling Uber that they need a driver's union, see how far you get.
*Mechanical, Electrical, and Plumbing. I don't fully understand the contracts side but basically the general contractor will take a big construction job and the biggest margin, then subcontractors will design and do parts of the actual fabrication and installation.
An algorithm that intentionally sends you to different stores so you can't rack up the last requisite hour to make the bonus? Really?
Doing this intentionally would require an implausible level of abject stupidity on the part of the people doing it. Anyone in a position to do this intentionally also knows that it would in fact be counter-productive.
def fulfill_order(order):
range = 3 * miles
surge = 1
workers = workers_in_range(order.location, range)
while len(workers) == 0:
range *= 2
workers = workers_in_range(order.location, range)
surge += 1
if surge > 2:
initiate_surge_pricing(order.location, surge)
lowest_cost = min(w.cost for w in workers)
workers = random.shuffle([w for w in workers if w.cost == lowest_cost])
for w in workers:
if worker.propose_order(order):
return order.assign_worker(worker)
# if we're still here no worker has accepted the proposal
order.raise_bonus()
return defer_retry_order(order)
This does not read as incompetent pseudocode, to me! But it has the crucial problem.Just to be clear about how the algorithm is lying, once you are near bonus and thus you're not in that lowest_cost bracket, you need an actual prediction of a place where demand is going to outstrip supply. The incentive system is reactive to actual demand and thus hopelessly noisy as a lagging prediction of demand, and it is being broadcast to try to manipulate driver behavior which means it also secretly forecasts a supply spike. So if we take it as 50% that the surge in demand is real and 50% that the added supply doesn't cover the added demand, then your actual number of surges you have to chase across the city is a geometric random variable with p=25%, and geometric random variables have the frustrating property of being memoryless like a good casino is: if you're exhausted after you've failed to make it after chasing 4 surges across the city, the expected number of surges you have to chase to get your bonus is, well, 4 more. And if you're at your wits' end after those 4 more, the expectation is, well, 4 more.
This video (https://www.youtube.com/watch?v=OEXJmNj6SPk) was recently published which shows drivers being offered the same gigs, but different payment amounts. Note that I could not find a published version of the data they collected in this video.
That is not explicitly proof of wrongdoing, but clearly algorithmic price setting can be demonstrated as not always offering the same payment to the same drivers for the same work. There may be a valid reason to why this is the case, but as the calculation method is closed source, the individuals being offered the wage are unaware of why they would be paid less than their peers.
This is work that is often considered "low skill" - which should actually make it extremely cut and dry as to why an individual would be paid more or less. Are they making their pickups faster? Are their customers more satisfied? If that's the case, why would they sometimes be offered more money than their peers and sometimes less money?
Almost all workers here are price takers, and suffer greatly from the information asymmetry present. Companies hiding behind "oh but the algorithm says..." is a poor excuse for inequality.
Edit: Because discrimination is in the title of the OP, I feel the need to clarify: in no way is the above saying that the video posted is proof of discrimination. Inequality need not be discrimination. When there is inequality without any measurable source, we need to be skeptical of the reason. Maybe one driver has better customer feedback, therefore they get offered a higher wage. There are many logical explanations for the result, but Uber/Lyft do not seem to engage with the discussion. This should raise red flags. That does not conclude that they are discriminating against anyone, and that would be a poor conclusion to draw without a true investigation.
.c5a, .c73, .c82, .c88, .c9c, .cae, .cbe, .cce, .cdd { color: #222; font-style: italic; }This isn't really abnormal. Every job does this by setting a wage they are willing to pay and seeing who signs up, knowing that person will now need to only be paid that wage. What is different is the scale and the frequency this is being done. Instead of doing this in a way that impacts a person once every job change, it now impacts them multiple times a day, and the data recorded is more detailed and can be acted on more directly.
None of this is discrimination against a protected class, but if there are any reasons one demographic might, on average, accept lower pay than another, it will lead to large scale discrimination.
The problem is that our common discussion on these topics is lacking the rigor, nuance, or depth to handle questions about this, and thus ends up with two large camps. One that looks at the methods, sees no obvious discrimination in the methods, and say it doesn't count as inequality. The other that looks at the outcomes, notices the clear difference in outcome this leads to, and calls it inequality. Both are, by their own metrics, correct.
Pink tax is an example of this happening, though on a scale needing far invasive technology than is currently available. It is presented as (big) discrimination even though it happens as price discrimination.
This is, um, potentially really bad. It’s several effects that already happen in, if you will, chunkier ways in our economy (especially in the US, with weak or absent unions and poor labor protection laws, compared to many other developed states) becoming applied at a much finer level of resolution (so to speak).
It is installed on gig worker phones and monitors the offered rates. When one worker is offered abusive rates, all other workers have their future offers filtered from view for some period of time unless it exceeds the typical offer by more than the amount the abused worker missed out on.
You say it's not discrimination, but you cannot definitively make that claim. That's the issue. Red lining isn't immediately discrimination against a protected class, but silently is it. This is not to say that Uber/Lyft are discriminating against a protected class - it's just that because of the lack of transparency we don't know that they are not.
This is a hard thing for people to accept, but we need to take a deep look at how we implement ML to classify things tied to individuals. It's very easy to de-humanize the humans affected by the systems we build, because "it's just an algorithm."
Is this not the case regardless of whether an algorithm is used or not?
Companies get a pass on job interviews because it's basically impossible to prove. But this doesn't make it ok, it just makes it less damaging than the remedy. (Or at least arguably, a lot of people do argue otherwise, and lots of people are looking for better remedies.)
More importantly, if your boss doesn't think like that, you can expect his boss to replace him with a manager that DOES.
This downward force on labor prices is basically the entire point of the gig economy, and even youtubers whose only formal training is in how to write a high school essay figured this out.
For this reason, there is institutional pressure to turn anything they can into gig economies. If you don't have empathy for the uber drivers who sleep in their car to be able to make as many rides as they can and still somehow end up below minimum wage, don't worry, they'll come for you soon. And when they've made the gig economy literally the only gig in town, it doesn't matter how savvy you think you are at "negotiation", you will get fucked too.
Go read up on your labor rights history. None of what we have is a default, and the "haves" HATE it.
This is because those organizations almost always have more resources to dedicate towards making effective use of that information than do individuals.
Very often you as an individual are up against a team of PhDs and engineers whose job it is to enable the corporation to beat you, and the more data they have, the more likely they are to win.
In this respect, there is basically no tech that does not benefit corporations more strongly than it benefits individuals. This is one of the reasons that regulation is important.
We are far more able to measure the world than we were in the middle ages, or before the civil war, or even during the world wars.
You can see how strong this claimed relative benefit and it's effects are by how the increasing ability to measure the world over that time has led people to become consistently more oppressed as time goes by.
Also I think it's not unreasonable to argue that corporations are more powerful today than they were during any of the time periods you've listed here.
> “Algorithmic wage discrimination” refers to a practice in which individual workers are paid different hourly wages—calculated with ever-changing formulas using granular data on location, individual behavior, demand, supply, or other factors—for broadly similar work.
Surge pricing is a form of "algorithmic wage discrimination". Driving for Uber on a Friday night will net you more than a Monday at noon. Likewise, the fact that wages are higher in expensive metros is another form of "algorithmic wage discrimination." People hired during periods of a labor shortage may have a higher wage than a co-worker hired during an economic downturn. I am skeptical many would point at these scenarios as unfair - but all of these fall under the category of "wage discrimination" as discussed in the article.
I also think this article unnecessarily injects racial messaging and leads readers to think that the algorithms are discriminating on the basis of protected class. That is not alleged in this article.
Big hmm. As always, truly objective metrics - such as pay based on output (rather than time spent) is viewed as harmful to minorities.
Is it, though? Or is it actually more fair?
Dynamic pricing allows workers more exposure to the value they generate, thus enabling them to capture higher pay.
For decades, restaurants have paid their labor with dynamic “algorithmic” wages: work during peak shifts, get more tips.
Why haven’t people been up in arms about how bar tenders working a Friday night near more than bartenders working a Monday afternoon?
The paper is explicitly not (as in: the intro outright states this is not what it’s about) traditional forms of variable pay.
You’re literally describing tipping. When a worker starts their shift, they do not know how much they will earn. Tips vary per worker for sexism, racism, ageism reasons, or just plain luck.
But if 1 employer, chooses their wage opaquely, then that’s bad.
I don’t get it.
Will you know they’re offing you and Bill the exact same job at the same time, and are willing to pay whichever of you takes it first, but Bill’s offer is 20% higher? Or when they’ve made you a lower-than-usual offer to test if they can start offering you lower rates in the future (but you did just get a past-due notice on your kid’s hospital bill…)?
Is this any different from than any job ever? More experience airline pilots are paid more than the less experienced for the exact same route.
Two new grads from the same school may get different offers depending on how well they interviewed for the same role.
Where is the problem?
Customers have opaque expectations for service and pay their server based on the server’s gender, race, and age as well as quality of service that the server doesn’t even have control over (like if the kitchen was backed up).
A system counting smiles is basically what we currently have: instead of signaling with a smile, they signal with a tip amount.
1. Good wages for drivers means more drivers.
2. More drivers means better quality of service at lower cost for passengers.
3. Low cost and high quality service for passengers means more passengers.
4. More passengers means more rides and more money spent on platform.
More drivers and more passengers means more money for company. The argument that Uber/DD whatever is not incentivized to have high wages for drivers is ridiculous.
Now there is pre-tipping, tipping for no discernible service, fake tip jars in places that aren't licensed for it, etc.
More people are becoming aware that, in the US anyway, the wage is reduced commensurate with expected tips, and so customers are more or less obligated to supplement wages, and avoid offending servers, unless we don't want to be served at all.
Now we just need to get this to work with respect to investors generating real value and not just profit and capitalism might actually be cooking something
Uber pays a flat hourly rate no matter when the driver works? Drivers working after a football match earned the same pay as drivers working at 4am?
I think this would mean that the drivers that work during peak hours Less than they do now and drivers working during low traffic hours would earn more?
I can't possibly imagine how this ends up producing increased average or median wages for workers.
How do you fairly compensate the drivers without dynamic compensation, while keeping the price low for the passengers?
There's a specialty profession called "cost accounting" whose sole purpose is to accurately define it. Just like insurance companies do risk assessments.
> implies you believe
You're just making things up.
> without any good faith efforts
Give the rudeness a rest.
Being rude doesn't make your argument any better.
You know that workers are not perfectly interchangeable, everybody with any sense knows that. You also know that cost accounting isn't an exact science when it comes to the variability of people.
But if cost accountants were worthless, businesses wouldn't employ them.