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Re:Uber said to use “sophisticated” software to defraud driv... by travisp on Thursday April 06, 2017 @05:17PM (#14054710)
You've misread the article. It in fact says that the driver is paid for actual miles/minutes.

> Meanwhile, the software utilized in the driver’s application, which navigates the drivers to the User’s destination, utilizes traffic conditions and other variables to provide the driver with a more efficient, shorter, or quicker route to the User’s destination, resulting in a lower fare payout to the driver.

Further, if you read the actual lawsuit, its clear that the lawsuit is simply claiming that Uber shouldn't be able to pocket the difference between the higher estimated collected amount, and the lower actual amount. They are claiming that Uber represented to them that they "were receiving the full fare, minus the [Uber's] service and booking fees"

Re:Uber said to use “sophisticated” software to defraud driv... by zaroth on Thursday April 06, 2017 @08:51PM (#14056129)
This was the part of TFA which was unclear to me;

  This latest lawsuit claims that Uber implemented
  the so-called "upfront" pricing scheme in September
  and informed drivers that fares are calculated on a
  per-mile and per-minute charge for the estimated
  distance and time of a ride.
So reading that again I think you're right that's just talking about fares passengers pay, not fares paid to the driver.

Another key question -- what if Uber underestimates due to changing traffic conditions? Does the driver get underpaid? I doubt it.

So of course the estimate is going to be conservative. So what's the contract say? Probably pretty clearly drivers are paid on actual miles and minutes and not Uber's estimate. I mean, if drivers were paid on the estimate, Uber would still probably be getting sued because it is sometimes low.