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Re:U.S. Labor Secretary throws support behind classifying gi... by heavyset_go on Thursday April 29, 2021 @03:12PM (#26985286)
> The defining aspect of these gig worker jobs is that independent contractors _can_ decide when and how to work.

So the workers can negotiate when, how and for how much they'll work for their clients? I've got an '01 sedan collecting dust, can I decide that's how I'm going to pick up my clients via Uber?

When I worked as a contractor, it didn't matter that I used some shitty laptop or OS to get my work done, because I had the freedom to decide how and where I completed my work. Workers using Uber are denied that freedom.

Re:U.S. Labor Secretary throws support behind classifying gi... by kevincox on Thursday April 29, 2021 @03:51PM (#26985843)
> it didn't matter that I used some shitty laptop or OS to get my work done

This isn't a reasonable comparison. Your shitty laptop or OS was likely not part of the product. If I want a website I don't care what your laptop looks like. If I am being driven somewhere I certainly care about what condition the car is in.

Re:U.S. Labor Secretary throws support behind classifying gi... by jjav on Thursday April 29, 2021 @05:29PM (#26987027)
> If I am being driven somewhere I certainly care about what condition the car is in.

Right, so sounds like Uber sensibly wants their representatives on the street to project their desired corporate image.

Thus, employees.

Re:U.S. Labor Secretary throws support behind classifying gi... by heavyset_go on Thursday April 29, 2021 @04:18PM (#26986184)
> This isn't a reasonable comparison. Your shitty laptop or OS was likely not part of the product

If a client hires me to build a web app, I get to decide how, when and where it is built. That means I get to choose if I use, say, Django or Rails on the backend, and maybe React on the front end. These are certainly part of the product.

Re:U.S. Labor Secretary throws support behind classifying gi... by stale2002 on Thursday April 29, 2021 @08:25PM (#26988524)
> If a client hires me to build a web app, I get to decide how, when and where it is built.

No thats not really true, for all cases of contracting.

I, as the client, could absolutely tell you to use rails, and if you don't use rails, I can "fire" you the contractor.

Sure, some clients might not care. But some would care, and they can tell you want to do, and control what you use, and not work with you if you don't do what you say.

Re:U.S. Labor Secretary throws support behind classifying gi... by kevincox on Thursday April 29, 2021 @04:32PM (#26986340)
That is not necessarily the case. The client may well have restrictions on what technologies you use, especially if they are to run and maintain it after you have built it. This probably is considered part of the product.
Re:U.S. Labor Secretary throws support behind classifying gi... by iudqnolq on Thursday April 29, 2021 @05:50PM (#26987260)
But you and the client negotiate and come to an agreement or decide not to do business. If you fail to come to an agreement with many clients this may affect your reputation, but no central authority will ban you from talking to future clients.

If I started "Daniel's Ruby Shop", collected money from clients, and paid it to you if you made Ruby websites that met standards I set, and required you to Skype me at specific times or forever be banned from "contracts" you're not an independent contractor, you're my employee.

Re:U.S. Labor Secretary throws support behind classifying gi... by pseudalopex on Thursday April 29, 2021 @05:44PM (#26987183)
The contractor and client would negotiate those terms.