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Re:U.S. Labor Secretary throws support behind classifying gi... by freeone3000 on Thursday April 29, 2021 @02:53PM (#26984979)
What, specifically, are those disadvantages? And are they actually related to employee classification, or are merely privileges not usually granted to employees?
Re:U.S. Labor Secretary throws support behind classifying gi... by itake on Thursday April 29, 2021 @02:58PM (#26985063)
If I drove for Uber/Lyft for moonlight income, I would prefer to paid purely in cash instead of being forced to be paid in health insurance, pto, etc. since all of that would be provided by my primary employer.
Re:U.S. Labor Secretary throws support behind classifying gi... by gnopgnip on Thursday April 29, 2021 @03:16PM (#26985335)
You aren't paid in healthcare at an hourly job. There is an employer healthcare plan you can buy into if you want. If you have insurance through your parents, spouse, another job, you just don't opt in.

At lower paying hourly jobs typically the employer doesn't cover any of the cost. For many these are prohibitively expensive, even if you work full time. Typically for higher paid work, most salary positions, the employer covers most of the cost.

Re:U.S. Labor Secretary throws support behind classifying gi... by kec on Thursday April 29, 2021 @03:00PM (#26985093)
Employers are only forced to extend healthcare etc benefits to employees, there's no law stating the employee has to accept them.
Re:U.S. Labor Secretary throws support behind classifying gi... by itake on Thursday April 29, 2021 @03:02PM (#26985125)
Will employers pay a higher wage if the employee chooses not to accept them?

In my experience, most benefits are use-it-or-lose it.

Re:U.S. Labor Secretary throws support behind classifying gi... by hansvm on Thursday April 29, 2021 @03:12PM (#26985277)
My last employer did. You could only opt in/out once a year or during major life events, but it gave enough flexibility that I could have higher pay or more benefits when it suited me.
Re:U.S. Labor Secretary throws support behind classifying gi... by ruined on Thursday April 29, 2021 @04:04PM (#26986003)
generally among low-wage jobs, if you accept employer-provided healthcare you must pay for the plan from your wages. so kinda
Re:U.S. Labor Secretary throws support behind classifying gi... by salawat on Thursday April 29, 2021 @03:52PM (#26985861)
No law? Technically correct.

Practical barriers in terms of the maximum limit of complexity legal and HR are willing/able to take on and remain effective while dealing with? Absolutely. Everyone thinks "It shouldn't be that hard!"

In reality, it kinda is. HR abstracts away the complexities of jurisdiction specific hiring requirements from the rest of the org, and legal does much the same. If you ask for extraordinary accomodation, I'm not saying it won't work, but I can guarantee you will experience friction while HR/Legal figures it out.

On the plus side, if it works, new employment template. If it doesn't, you don't get offered the job.

I've ended up the awkward giraffe in a couple places. You being flexible, and the HR/Management recognizing your unique capability to create value helps. However, when talking Gig work, they will invariably go for the template approach. There's also the fact that Gig work really conflates the distinction between "contractor" and "employee" in the sense that contractor carries with it an assumption you are providing for your own affairs. The compensation you quote them should have parity with their total outlay for an employee to do the job, because you should be arranging the same things for yourself; thereby obviating your need for the employer to do it. The thing you get out of by the contract route is all that paperwork and process overhead. You do a one-time disbursement of funds, and donezo.

The problem is, no one ever tells you (the contractor) that, and Uber et al does not let you quote price or have input on the cost calculation. So you accept super under-bid compensation, because you don't know the difference between a market rate and a hole in the wall, or an appreciation for the total footprint of the business model.

Uber, and services like it, make their money by predating. on this ignorance. This is not to say that stuff like "licensing" gig workers to vouch for the fact they really know what they are doing is really a good idea... I'm kind of curious though what kind of effect that sort of thing would have on the worker pool. Like a short course that make sure they understand the accounting. Wonder if an experiment could be run with that sort of thing somewhere and how it would effect the market.

That being said, it kinda kills the value prop of people just needing a few bucks here and there, but I question the seductive simplicity underneath that pitch, because everytime I've run into something that's pitched that way there's a big ole ugly iceberg beneath it.

Re:U.S. Labor Secretary throws support behind classifying gi... by grecy on Thursday April 29, 2021 @03:10PM (#26985246)
Why not go one step higher up the abstraction, which is one step better, and provide healthcare irrelevant of jobs - it doesn't matter if you have 1 or 2 or none. You still have healthcare!
Re:U.S. Labor Secretary throws support behind classifying gi... by dheera on Thursday April 29, 2021 @03:33PM (#26985564)
If you are a contractor, you are paid for every hour you work. If you work overtime, you are paid for it. If you work holidays, you are paid for it.

If you are a salaried employee the sad state of the system is a lot of companies tend to take advantage of you and overwork you and don't pay you overtime.

The flip side of it is contractors don't usually get paid vacation, so it's both an advantage and a disadvantage.

Re:U.S. Labor Secretary throws support behind classifying gi... by freeone3000 on Friday April 30, 2021 @07:38AM (#26992144)
Hourly employees, which get paid by the hour and for overtime, exist. This is the most common employee classification. Hourly full-time employees exist. You can have full-time benefits and be paid by the amount of hours worked -- and this is the second-most-common method of working.
Re:U.S. Labor Secretary throws support behind classifying gi... by viro on Thursday April 29, 2021 @03:11PM (#26985255)
When and for how long I work is a pretty big one. Most employees don't get to just decide their hours on a whim.
Re:U.S. Labor Secretary throws support behind classifying gi... by kube-system on Thursday April 29, 2021 @03:16PM (#26985332)
When an employer dictates that a worker must work certain hours, it is evidence that they are an employee. But, the opposite is not true -- employers are not obligated to dictate the hours of their employees.

The fact that most employers do dictate hours is a function of those job expectations, not their legal employment classification.

It is pretty common for mid or senior level white-collar salaried jobs to have a decent amount of freedom in working hours within what is functionally reasonable for their role.

Re:U.S. Labor Secretary throws support behind classifying gi... by viro on Thursday April 29, 2021 @03:28PM (#26985490)
> It is pretty common for mid or senior level white-collar salaried jobs to have a decent amount of freedom in working hours within what is functionally reasonable for their role.

That is so disconnected from reality for the majority of American workers that you might have broken me. But lets start with salaried workers have a job .. Their employers don't care what time you work as long as you get that job done. How exactly would that work for Uber? quotas? avg 2-3 rides and hour or ur fired?

Re:U.S. Labor Secretary throws support behind classifying gi... by kube-system on Thursday April 29, 2021 @03:50PM (#26985835)
Of course -- the majority of Americans are not employed in mid or senior level white-collar salaried jobs. Uber drivers are definitely not in this classification.

I am saying, classification as an employee does not require Uber to change anything about their expectations of their workers' work frequency, duration, or schedule. It can remain voluntary just as it is now.

There are currently voluntary hourly jobs that exist, but people here are probably less familiar with that concept as compared to salaried jobs.

Re:U.S. Labor Secretary throws support behind classifying gi... by hagy on Thursday April 29, 2021 @04:17PM (#26986164)
What if far more drivers want to work 10:00-16:00 than are needed? In the current situation, the spot price drops and some drivers leave while more riders enter.

As employees, Uber cannot dynamically vary the pay/minute rate, especially if it falls below minimum wage combined with vehicle/gas reimbursement.

Re:U.S. Labor Secretary throws support behind classifying gi... by kube-system on Thursday April 29, 2021 @04:58PM (#26986612)
Employers can vary the wages of their employees. They just can't pay wages that are so low that they violate minimum wage law. I don't see an issue.
Re:U.S. Labor Secretary throws support behind classifying gi... by viro on Thursday April 29, 2021 @05:15PM (#26986834)
That doesn't address drivers signing on when they know they won't get any rides then just sitting in their drive way.
Re:U.S. Labor Secretary throws support behind classifying gi... by kube-system on Thursday April 29, 2021 @11:55PM (#26989693)
Uber can tell them that no work is available. This kind of work arrangement exists today, it’s called “casual employment”
Re:U.S. Labor Secretary throws support behind classifying gi... by lupire on Thursday April 29, 2021 @03:17PM (#26985345)
Nothing is forcing Uber to fix employee hours.
Re:U.S. Labor Secretary throws support behind classifying gi... by viro on Thursday April 29, 2021 @03:20PM (#26985388)
Most Uber drivers I know would find that to be a huge negative. but then again thats probably just a difference between big urban centers and the rest of the country.
Re:U.S. Labor Secretary throws support behind classifying gi... by lupire on Thursday April 29, 2021 @03:24PM (#26985442)
No one is proposing that so it doesn't matter.
Re:U.S. Labor Secretary throws support behind classifying gi... by viro on Thursday April 29, 2021 @03:33PM (#26985565)
But it will happen tho because if Uber drivers are all considered employees they will get minimum wage, which is fine. Only issue why exactly wouldn't I go "on duty" only when I know there isn't any rides to rank in free cash. While I play games on my phone.
Re:U.S. Labor Secretary throws support behind classifying gi... by giantg2 on Thursday April 29, 2021 @02:57PM (#26985039)
For my wife, she can get more hours and higher pay as an independent contractor. Part of this is because we get insurance through my job. They also give her more autonomy than an employee would have.
Re:U.S. Labor Secretary throws support behind classifying gi... by lupire on Thursday April 29, 2021 @03:19PM (#26985374)
Why wouldn't her employer let her opt out of insurance?

Are you comparing full-time hourly employees to part-time contracting?

> They also give her

When you say it like that, you are describing an employee not an independent contractor.

But your layer comment, about setting her own rates, makes me think that she is working as an actual freelancer, not as a gig employee.

Re:U.S. Labor Secretary throws support behind classifying gi... by losvedir on Thursday April 29, 2021 @03:44PM (#26985761)
> Why wouldn't her employer let her opt out of insurance?

Is this... a thing? I've never had that option in any of my jobs. Sure, I can choose not to take the employee sponsored health insurance, but then I'm just opting out of my share of the monthly premiums the company would deduct. But in general, a company pays more than that. I've never been able to opt out of company insurance and recover their share of the premiums! I assumed that wasn't legal for them to offer.

Oh, and to be explicit about the connection: that's why an independent contractor would be paid more. If an employee's wage is $x, a company generally pays something like $(2x), and so an independent contractor would expect to be paid something closer to 2x than x. (Usually because they* then have to pay certain taxes, and worry about their own benefits, etc.)

Re:U.S. Labor Secretary throws support behind classifying gi... by giantg2 on Thursday April 29, 2021 @03:44PM (#26985763)
Most employers aren't going to pay you more for opting out of insurance. Many employers would try to keep your hours low so they don't have to offer you insurance.

"When you say it like that, you are describing an employee not an independent contractor."

This doesn't make sense to me. She has more autonomy than an employee would. They give her that level of autonomy by not making her an employee. She does not get a W2.

"But your layer comment, about setting her own rates, makes me think that she is working as an actual freelancer, not as a gig employee."

There's a lot of overlap between those terms, except replace employee with worker. I would say she's a freelance gig worker. Freelance tends to mean that you are just independent. You can work on an individual project for a company and move on, but it's usually larger pieces of work. As a gig worker, I see it as being more of a repetitive task for various customers. You can be a freelance driver and work for both uber and Lyft, or even uber and a taxi company. The gig part is that they are always individual tasks you get paid for - each ride. This is very similar to what she is doing.

So I see gig workers as freelancers, but not all freelancers are gig workers.

Re:U.S. Labor Secretary throws support behind classifying gi... by itake on Thursday April 29, 2021 @03:00PM (#26985101)
Off-topic, but do you think its a problem that gig workers have no upward mobility? A worker with 10 years of experience will be paid exactly the same as a worker with 1 month.
Re:U.S. Labor Secretary throws support behind classifying gi... by adamiscool8 on Thursday April 29, 2021 @03:09PM (#26985237)
Plenty of employees have no upward mobility either. Though with 10 years of positive ratings, I would think The Algorithm would reward them with more frequent/better gigs?
Re:U.S. Labor Secretary throws support behind classifying gi... by giantg2 on Thursday April 29, 2021 @03:16PM (#26985331)
I'm an employee. I have 9 years experience and a masters. I had one promotion. I've been stuck at the intermediate developer level and do not see any promotions in my future
Re:U.S. Labor Secretary throws support behind classifying gi... by itake on Thursday April 29, 2021 @03:18PM (#26985360)
The Algorithm could decide their car is older and they could get less gigs :-/.
Re:U.S. Labor Secretary throws support behind classifying gi... by giantg2 on Thursday April 29, 2021 @03:13PM (#26985302)
She has upward mobility. They let her choose the rate she charges the customer and then they take their cut. The more hours she wants, she can have. If she's good at her job and the customers love her, she can give herself a raise by increasing prices (it's already like $50-120/hr depending on the class). She even has the authority to hire someone to work under her.
Re:U.S. Labor Secretary throws support behind classifying gi... by jandrewrogers on Thursday April 29, 2021 @03:05PM (#26985160)
That depends on the type of gig. There are some gigs where experience and skill command a substantial premium.
Re:U.S. Labor Secretary throws support behind classifying gi... by itake on Thursday April 29, 2021 @03:08PM (#26985208)
The largest gig employers (Uber, Lyft, Doordash, etc.) do not seem to provide a substantial premium for experience.

In 5-10 years, what will be the current driver's expectations for pay?

Re:U.S. Labor Secretary throws support behind classifying gi... by giantg2 on Thursday April 29, 2021 @03:14PM (#26985313)
Beyond a month or two of experience, what would more experience benefit in that role?