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Re:San Francisco to Uber, Lyft: If your drivers aren’t emplo... by prepend on Friday June 01, 2018 @11:54AM (#17206563)
I don’t think that’s a true condition. There are many situations where prices are not negotiated but are set by markets (easiest being eBay) and participants aren’t employees.

I used to do a bit of contracting and I always set a price with my clients as part of the contract. That didn’t make me their employee. And didn’t make my employees and contractors my client’s employees.

Re:San Francisco to Uber, Lyft: If your drivers aren’t emplo... by Const-me on Friday June 01, 2018 @12:17PM (#17206850)
> many situations where prices are not negotiated but are set by markets (easiest being eBay)

Market is not a third party like Uber. Market is a collective name for the body of the dealing parties. Specifically, prices on eBay are set by sellers for fixed price offers, and by buyers for auctions.

> I used to do a bit of contracting and I always set a price with my clients as part of the contract. That didn’t make me their employee.

Exactly. But if someone else would set your price with your clients, and your only options would be to agree to the price or quit the job, I would probably say you’re an employee, and that third party who set your prices is your employer or manager.

Re:San Francisco to Uber, Lyft: If your drivers aren’t emplo... by prepend on Friday June 01, 2018 @12:50PM (#17207263)
“Exactly. But if someone else would set your price with your clients, and your only options would be to agree to the price or quit the job, I would probably say you’re an employee”

-This is actually precisely how about a third of my contracts worked. And reviews by my firm’s lawyers+theirs made sure it was legit.

There’s a bunch of case law on this and tons of companies with this as their business mode (eg, FedEx). It will be interesting to see how this settles out though. I know FedEx has been through a lot of lawsuits and Microsoft famously lost and had a bunch of contractors reclassified as employees.