[chi1cabby]

http://www.businessinsider.com/uber...deciding-whether-to-grant-class-status-2015-8

 

[UberNorthStar]

Judge Chen questioned where there are differences in the contracts for Uber's right to control. " The language may be different but the outcome is the same," Chen said."

Uber's right to control . . . That says it all. U controls rates, what rating (too high) a driver must keep to be able to access the app among other things.

My opinion . . . If Uber would raise the rates for X drivers to a min of 1/2 the local taxi rates, and drop their percentage by 5%, it could still see a profit and less driver turnover.

 

[Txchick]

Judge Chen questioned where there are differences in the contracts for Uber's right to control. " The language may be different but the outcome is the same," Chen said."

Uber's right to control . . . That says it all. U controls rates, what rating (too high) a driver must keep to be able to access the app among other things.

My opinion . . . If Uber would raise the rates for X drivers to a min of 1/2 the local taxi rates, and drop their percentage by 5%, it could still see a profit and less driver turnover.

That's just to logical..Uber good business sense?? Nope!!

 

[UberNorthStar]

No offense to CA drivers intended by this comment.

If a lawyer fought for a more-balanced agreement between Uber & the drivers, it could be a win-win situation for Uber & the drivers as well.

Even as an employee less control equals a happier worker.

JM2¢W

 

[Michael - Cleveland]

>>>Boutrous, though, claimed that you can't be viewing Uber's contracts as employment contracts to begin with.
"This isn’t a contract of employment. This is a software licensing agreement," Boutrous said.<<<

That made me laugh almost as much as watching the GOP convention earlier this evening.

 

[UberNorthStar]

"This isn't a contract of employment. This is a software licensing agreement," Boutrous said.

Yea, suuuuuure! That "licensing agreement" contains too many infringements on a self-employed business.

JM2¢W

 

[Txchick]

>>>Boutrous, though, claimed that you can't be viewing Uber's contracts as employment contracts to begin with.
"This isn't a contract of employment. This is a software licensing agreement," Boutrous said.<<<

That made me laugh almost as much as watching the GOP convention earlier this evening.

Ha ha the Donald! OMG!! It made me laugh as well.

 

[Michael - Cleveland]

most of those guys are pretty scary -
but at least I'd trust John Kasich to babysit my kids.

 

[Txchick]

most of those guys are pretty scary -
but at least I'd trust John Kasich to babysit my kids.

Ha ha ha! That's true. Trump would end up building a fence around your kids.

 

[Michael - Cleveland]

Ha ha ha! That's true. Trump would end up building a fence around your kids.

Hell, I did that 25 years ago.

 

[UberHammer]

"Liss-Riordan told the court that VP and Global Operations Manager, Ryan Graves, said there was no practice in place for Uber management to check which version of the contract the drivers had signed before they get activated. She also said that driver managers have discretion to decide who gets deactivated and who gets a second chance."

WAIT!!!!... As a driver, I have a manager?

Well, that throws the whole "Be your own boss" aspect out the window.

 

[chi1cabby]

Good read on the courtroom arguments.

Will Uber drivers get class-action status for employment case?
http://www.sfchronicle.com/business...hp?t=792c6ac2dc4832b814&cmpid=twitter-premium

 

[TwoFiddyMile]

Another thought on why UberX Is employment.
I OWN a CAB. I can pay my franchise fee for YEARS and never accept a ping from my franchise company.
UberX is not even a real thing, outside the uber app.
Sure you could hand out businesses cards for cash work, but in EVERY market this is illegal.
That's why in Cali, when several drivers licensed and insured their vehicles legally for X some months back, Uber deactivated the accounts.
Uber maintains 100% control over UberX drivers.
"Hi, want a ride? I Uber!!"
"Feck off *********, if I want an Uber, I'll ping one!"

 

[UberNorthStar]

Uber maintains 100% control over UberX drivers.

<------- One X driver over whom Uber does not have 100% control Nor will it!

Anyone else care to raise their hands?

 

[TwoFiddyMile]

<------- One X driver over whom Uber does not have 100% control Nor will it!

Anyone else care to raise their hands?

Let the delusions begin.

 

[chi1cabby]

Good read:
Despite Uber's Arguments, Flexibility for Employees Is a Company's Choice
http://recode.net/2015/08/11/despite-ubers-arguments-flexibility-for-employees-is-a-companys-choice/

 

[chi1cabby]

An overall engrossing read.
Drivers Tips (gratuities) Claim is discussed on page 56.

Order Granting In Part and Denying In Part Plaintiffs' Motion for Class Certification (.pdf, 195 KB)

 

[observer]

Good read:
Despite Uber's Arguments, Flexibility for Employees Is a Company's Choice
http://recode.net/2015/08/11/despite-ubers-arguments-flexibility-for-employees-is-a-companys-choice/

Excellent article that shoots down the "flexibility will be lost" theory.

This article deserves its own thread.

 

[chi1cabby]

Uber's Defense in California Driver Class-Action Lawsuit: 'LOL Laws LOL'

 

[chi1cabby]

Analysis: Uber will survive, no matter what courts decide
http://www.sfchronicle.com/business...481531.php?t=32ccbda1cf&cmpid=twitter-premium

"Even if Uber loses this case, it will be free to restructure its relationship with its drivers in such a way that the drivers would actually be bona fide independent contractors," Chen wrote in a 68-page decision.