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The Sharing Economy Scam

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The Sharing Economy Scam

Unread postby Pops » Thu 18 Jun 2015, 14:46:46

What is wrong with this picture?
The California labor commission found that an Uber driver is not an independent contractor but an employee—a decision that, if upheld, could reshape the so-called sharing economy.

On its way to becoming a company worth more than $40 billion, Uber has been steadfast in identifying itself as a platform—not an employer—that facilitates transactions between drivers and passengers. A ruling by the California labor commission that was filed in California State Court on Tuesday poked a giant, gaping hole in that theory.


If you look closely you will see that Ubber, "on it's way to becoming a $40 billion company" is upset that it can't shirk its responsibility to an employee. What is the world coming to when an upstanding American company can't offload its responsibility to the taxpayer?

I've never driven a taxi, or invested in a hotel (like the kind AirBNB wants to eliminate) or held any of the jobs that "sharing economy" wants to make "freelance." But the Wall-Marting of responsibility (offloading social cost and end-running regulation to increase the bottom line) is rampant today. Of course and as should be expected, WSJ thinks There’s an Uber for Everything Now to provide on-demand servants (without the worry of being publically humiliated for "forgetting" to provide such "perks" as social security contributions and workers comp coverage) is the cat's meow.
The legitimate object of government, is to do for a community of people, whatever they need to have done, but can not do, at all, or can not, so well do, for themselves -- in their separate, and individual capacities.
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Re: The Sharing Economy Scam

Unread postby Outcast_Searcher » Thu 18 Jun 2015, 15:10:02

Pops wrote:If you look closely you will see that Ubber, "on it's way to becoming a $40 billion company" is upset that it can't shirk its responsibility to an employee. What is the world coming to when an upstanding American company can't offload its responsibility to the taxpayer?

Well, OTOH, there are various books, speakers, articles, etc. proclaiming that much of the first world economy will rapidly shift to a "sharing" economy, aided by social networking and search technology. This would include shows on NPR, not exactly a bastion of the far right.

The emphasis I've seen is on flexibility, choice, cost reduction, efficiency, etc -- to help the CONSUMER. The ASSUMPTION is that much of the work will be done by individuals -- NOT chained to bulky, inefficient companies.

The glowing prognosis only peripherally mentions how hard it will be on much of the traditional labor pool (I heard this first hand on NPR based discussions).

So which should it be? We can't have it both ways. Should we be able to (for example) have simple standard legal forms completed by $25ish per hour reputable paralegals, or must we pay $hundreds per hour for lawyers with $millions "invested" in floors, paneling, furniture, and suits, so more taxes are paid for the programs you love so much? Again, remember, we can't have it both ways.
Given the track record of the perma-doomer blogs, I wouldn't bet a fast crash doomer's money on their predictions.
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Re: The Sharing Economy Scam

Unread postby Pops » Thu 18 Jun 2015, 15:11:54

Because of the level of control they exert. A contractor decides the hours, methods, tools etc. to complete the assignment, an employee has those things decided by the employer.
The legitimate object of government, is to do for a community of people, whatever they need to have done, but can not do, at all, or can not, so well do, for themselves -- in their separate, and individual capacities.
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Re: The Sharing Economy Scam

Unread postby Outcast_Searcher » Thu 18 Jun 2015, 16:12:43

Pops wrote:Because of the level of control they exert. A contractor decides the hours, methods, tools etc. to complete the assignment, an employee has those things decided by the employer.

OK. So it would seem that it's about balance, which sounds reasonable to me.

IMO then, given how frequently big companies are trying to make employees into contractors, it would seem HIGH time for the courts to (reasonably comprehensively) legally codify what the difference is between a contractor and an employee, so everyone can reliably tell the difference. Then the economy, including regulations, could productively adapt to deal with those definitions accordingly.

Could Uber get by with only legally defined contractors, based on things like supply/demand for rides and variable pricing set by the market? If all Uber supplies is a platform, doesn't this imply MANY competing platforms and a race to the lowest cost platform provider? Would Uber be allowed to have a mix of employees and contractors, and could it manage that mix effectively?

These, to me, are very interesting questions if we are truly rapidly heading to the sharing economy, at least in urban areas (which, IMO, seems feasible), where Uber becomes "the majority of businesses".
Given the track record of the perma-doomer blogs, I wouldn't bet a fast crash doomer's money on their predictions.
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Re: The Sharing Economy Scam

Unread postby Pops » Thu 18 Jun 2015, 16:19:28

Outcast_Searcher wrote:it would seem HIGH time for the courts to (reasonably comprehensively) legally codify what the difference is between a contractor and an employee,

They have, long since. That's the story here, Ubber was trying to get around the law by not paying costs that other similar services, like taxis, are mandated to pay. It isn't some new form of economy - certainly nothing as feel-ggody as "sharing", it is just socializing cost to maximize profit.

Ditto AirBnB that makes skirting safety regs such as building inspection profitable.
The legitimate object of government, is to do for a community of people, whatever they need to have done, but can not do, at all, or can not, so well do, for themselves -- in their separate, and individual capacities.
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Re: The Sharing Economy Scam

Unread postby Outcast_Searcher » Thu 18 Jun 2015, 16:42:15

Pops wrote:
Outcast_Searcher wrote:it would seem HIGH time for the courts to (reasonably comprehensively) legally codify what the difference is between a contractor and an employee,

They have, long since.

Or not.

If it were well established, comprehensively codified law that everyone understood, you wouldn't need to have many lawsuits with conflicting rulings in differing venues (which is what is happening, according to Uber).

http://arstechnica.com/business/2015/06 ... ion-rules/

Maybe this is semantics, but I'm talking about simple, binding, federal standards. When I see companies like IBM diddling around pondering for years over "converting" tens or hundreds of thousands of employees to "contractors", I don't think the indecision is because of how crystal clear the rules are.

Instead, IMO, you have messes like THIS:

http://www.irs.gov/Businesses/Small-Bus ... r-Employee

(The start to a mass of links). Not to mention any local or state variations, etc. And so you have a legal mess where "what is a contractor" IN DETAIL is being fought out via lawsuits.

And it will, some day, most likely be codified with an encypodia sized mass of legal rulings and precedents which require a specialist attorney to decipher.

This is not, to my mind, "long since" legally codified so that anyone can understand it.

.....

Maybe we should add that "we are becoming the Tower of Babble, and technology makes that inevitable" as the best reason to expect long term doom yet.
Given the track record of the perma-doomer blogs, I wouldn't bet a fast crash doomer's money on their predictions.
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Re: The Sharing Economy Scam

Unread postby Pops » Thu 18 Jun 2015, 16:47:36

Our difference of outlook is obvious, you see massive unnecessary confusing regulation
I see simple profit seeking.
The legitimate object of government, is to do for a community of people, whatever they need to have done, but can not do, at all, or can not, so well do, for themselves -- in their separate, and individual capacities.
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Re: The Sharing Economy Scam

Unread postby Outcast_Searcher » Thu 18 Jun 2015, 16:56:16

Pops wrote:Our difference of outlook is obvious, you see massive unnecessary confusing regulation
I see simple profit seeking.

Fair enough. But here's the problem.

A). If it's not well defined, how can you (or anyone else) TELL if it's (with the implication of being unfair or illegal) profit seeking?

B). If it is well defined, how can I (or anyone else who isn't a specialist lawyer) understand it?


And note that MSNBC would call MANY things profit seeking, and Fox News very few (as I see it) -- so difference in outlook becomes very important.
Given the track record of the perma-doomer blogs, I wouldn't bet a fast crash doomer's money on their predictions.
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Re: The Sharing Economy Scam

Unread postby Pops » Thu 18 Jun 2015, 17:12:45

See, I had no problem interpreting the law when I had a small business. If someone works at my direction, on my time, in my manner rather than merely delivering on a contract, they are an employee. Ditto exempt vs nonexempt employees.
The legitimate object of government, is to do for a community of people, whatever they need to have done, but can not do, at all, or can not, so well do, for themselves -- in their separate, and individual capacities.
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Re: The Sharing Economy Scam

Unread postby Outcast_Searcher » Thu 18 Jun 2015, 17:26:34

Pops wrote:See, I had no problem interpreting the law when I had a small business. If someone works at my direction, on my time, in my manner rather than merely delivering on a contract, they are an employee. Ditto exempt vs nonexempt employees.

OK, fine.

I was employed by IBM during my formal career.

When IBM needed more people for mainframe systems programming and didn't want to hire more full time long term employees, they hired contractors from contractor firms. They made me interview many and supervise many, in my area of specialization, so I had direct experience with this. This was in the mid to late 90's.

Now, IBM dictated everything about what they did, where and when they worked, how they worked, who they reported to, the tools they used, the standards under which they worked, etc. And if I didn't like how they did the work, I'd try to help them, then warn them, then tell my management, and they'd fire them. So to me, except for them being temporary workers -- contractors were employees who were paid by someone else -- but still basically just like employees.

....

So was IBM a criminal outfit for its policy on contractors, or were the laws completely different in the 90's or am I missing something obvious?

....

Hint: I suspect the difference between your and IBM's interpretations had more to do with a difference in level of competition and political leanings than which year or decade it was. And I'm not saying either was wrong -- but there was a big difference.
Given the track record of the perma-doomer blogs, I wouldn't bet a fast crash doomer's money on their predictions.
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Re: The Sharing Economy Scam

Unread postby Pops » Thu 18 Jun 2015, 17:40:53

Sounds like they worked as employees of the contractor firm?

This is rapidly becoming a freelance economy, mainly because in a weak labor market employers can get away with not paying benefits - or even what was once common costs, because people need the work and have little bargaining power.

Did you read Charles Smiths blog posts about employment? How can we, with a straight face count someone making a grand a year as being fully employed? Obviously if you can't get a real job you'll take a temp job.

Here is an article from Time about freelance. Tilts left but has some numbers.
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Re: The Sharing Economy Scam

Unread postby Outcast_Searcher » Thu 18 Jun 2015, 17:51:09

Pops wrote:Sounds like they worked as employees of the contractor firm?

This is rapidly becoming a freelance economy, mainly because in a weak labor market employers can get away with not paying benefits - or even what was once common costs, because people need the work and have little bargaining power.

Did you read Charles Smiths blog posts about employment? How can we, with a straight face count someone making a grand a year as being fully employed? Obviously if you can't get a real job you'll take a temp job.

Here is an article from Time about freelance. Tilts left but has some numbers.


They did work as employees of the contractor firm. But since their job was "do what IBM says in the manner IBM says it" -- I completely disagree that this is anything like them having autonomy, choosing their own hours, tools, methods, etc. (The only way the contracting company acted like an "employer" was providing their people pay and benefits in exchange for some kind of fee arrangement from IBM).

I completely agree that the balance of power is with the employers and we are heading toward being a freelance economy, and I agree that the weak economy is speeding this along.
Given the track record of the perma-doomer blogs, I wouldn't bet a fast crash doomer's money on their predictions.
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Re: The Sharing Economy Scam

Unread postby Pops » Thu 18 Jun 2015, 18:05:54

The point is for employees to receive those things the law says employers should pay. Doesn't matter who does the bossing as long as they get their due.

I've been paid by the piece, the hour, on salary, from profit and for almost 15 years as a freelancer.

For me, a know it all, impatient, easily bored, near-ADD "creative" type, freelance has appeal. If I don't like my boss I just fire him.

Unfortunately the main drawback is that money is not really a motivation for me personally so consequently I don't make much. Even when I had a small agency the creative part was the draw and the money just came. Once the creative part was delegated and the management part came to dominate my time, I wasn't having fun so we quit.
The legitimate object of government, is to do for a community of people, whatever they need to have done, but can not do, at all, or can not, so well do, for themselves -- in their separate, and individual capacities.
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Re: The Sharing Economy Scam

Unread postby dinopello » Thu 18 Jun 2015, 18:08:50

Two things -

- "regular" cab companies aren't exactly known for being nice to their drivers (who usually are also "independent contractors")

- why aren't there more big uber/lyft platforms out there yet ? It doesn't seem to take much capital - just an app and a website for drivers to sign up. If there were hundreds of apps to choose from perhaps the "platform" wouldn't be making so much and there would be a competition for drivers.

I don't have uber app but a friend who I regularly go downtown with for shows does and we always use it with his account. It works for the consumer.
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Re: The Sharing Economy Scam

Unread postby Sixstrings » Thu 18 Jun 2015, 21:36:27

pstarr wrote:If Uber is merely an app that is licensed to (and connects) drivers with cars and passengers then I don't see how the Uber is responsible for said drivers wellbeing, healthcare etc?


"Selling a product or service to paying customers" is the definition of a business. I'd say if a company is worth $40 billion then that's a fair indicator it is a business, not a hippy non profit co-op just "connecting people."

(and as Pops pointed out, uber sets all the rates and acts like a taxi company in every way, just a no frills model but still it's a darn taxi company. And consumers take a chance on getting a wacky crazy uber driver, just as you take a chance when you fly a "no frills" airline that's cutting corners and using low paid sub contractor pilots and mechanics)

No frills or not, $40 billion is a heck of a lot of money, yeah it's a a business.

The whole point of the "uber" model is the whole sub contracting thing / "crowdsoucring" -- it's the ultimate in profits and efficiency because it gets people to work for free, or far lower wages than a traditional "business." Think of something like elance. Instead of hiring a local IT small business person to design a website or make a logo or do some programming or anything, one can go on elance instead where Indians and Pakistanis and Americans are all competing for five cents.

And then the "work for free" model is everywhere. Take computer games, for example. A new thing in recent years is releasing a game "in development" (I forget the terminology for this). It's wildly profitable. It allows the company to start selling their product in early stages of development, and just keep selling throughout and sometimes this goes on for a year or two years before it's a "finished" product.

So then what happens, is that the volunteer fan community wind up making mods for the game, and it's actually volunteer fans that are developing the thing while not getting paid a cent for it. So then the devs will just look at the mods and then write their own version of that and incorporate it into the game.

I read Steam had an idea of finally starting to pay modders -- the issue is, mods are so popular, it's really about half the actual product yet these volunteers get paid nothing. They do it for the enjoyment of it, and that's wonderful work to be doing something you enjoy but the problem is that the more that the entire economy goes this route -- folk aren't gonna be able to eat or pay any bills, if everyone is "working for free" in the future. Or close to free. So anyhow, I think I read that none of the game companies liked this paid modders idea at all and that never went anywhere.

Crowdsourcing can produce great results but the trouble with it is that the people actually doing the work are not making any money, only the facilitator that brought the crowd together. It's like communism but without even a food ration card, just nothin' at all.

There are many, many examples of this new trend in business -- not paying the laborers, at all, getting them to work for free, all profits to the owner and all expenses shifted onto government.

So that's the danger here, with these economic models. Contractors were long ago extended out way beyond anything that should logically be a contractor -- in many companies you can't tell a difference between who is an "employee" and who is an "independent contractor," all sitting at their desks, unless you look at who is getting the shaft on pay and benefits.

So now the crowdsourcing, and things like uber, are the NEXT iteration of contractors. Business always does this, seeking the most efficiency and profit possible -- and now the efficiency is so extreme that people work for free.

Bottom line: yeah, uber got fantastically wealthy by undercutting higher paid taxi services, on what they charge for fares and what they pay their drivers. And also, for some quirky reason people just like a phone app "order a driver" thing versus a traditional taxi.

But that can't go on forever, they have become a monopoly business putting all the others out of business, $40 billion is so much money we're into Russian military budget numbers here.

They are a monopoly business, of course they should have some responsibilities and not be exempt from all labor laws and some kind of special exception to everything just because it's a phone app.

(p.s. youtube some years back finally did something, and starting paying its content providers. I'm not sure if it's a fair amount or not, but see there is another example -- essentially a tv network that doesn't even have to pay for the product it makes money off. People just "work for free" "because they enjoy it" and then google got 100% of the profit.)
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Re: The Sharing Economy Scam

Unread postby MD » Thu 18 Jun 2015, 22:11:03

Uber is simply a dangerous and irresponsible scam. There are reasons why taxi services became licensed and regulated.

Very good reasons.

Just because a technology came along that temporarily allowed the rules to be circumvented doesn't make it right.
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Re: The Sharing Economy Scam

Unread postby SeaGypsy » Thu 18 Jun 2015, 22:49:18

6, who told you 1/ uber drivers 'work for free' & 2/ uber is a 'monopoly'? Neither are true. Taxi drivers make peanuts on average in most countries, don't get wait pay, are usually treated as contractors & taxed accordingly, so from the driver perspective there's not much difference.

MD, uber & it's competition are not completely unregulated. Vehicles have to be less than 10 years old, regularly inspected & fully insured. Drivers have to produce the same police clearance as for taxi drivers, so really not much different for the passenger. The scam, & I agree it is one, is in the blatant fact of direct undermining with the established protocols of the taxi business itself. Uber essentially does everything a taxi company does, except pay for commercial taxi licensing. They pay tax, they tick as many boxes to achieve legitimacy & they pose well funded arguments about the primary fact of their business. The victims are primarily taxi owners, many of whom are retired drivers & far from rich.

I'm pretty confident the uber phenomenon has no longevity. The legal loophole will be xlosed, lest the entire taxi industry may as well pack up, sell up & either invest & join Huber or get other competition going. No way can the orthodox industry compete.
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Re: The Sharing Economy Scam

Unread postby Sixstrings » Thu 18 Jun 2015, 23:49:47

MD wrote:Uber is simply a dangerous and irresponsible scam. There are reasons why taxi services became licensed and regulated.


This. ^
Spot on.

Give people an app for something and they just love it, it's like nothing exists in the world until it is on your phone. :lol:

Seriously though, uber is cheaper than a taxi, and they did well with the convenience of a phone app. People don't want to bother looking up the phone number to a cab company and calling them and then it's $30 to get somewhere.

But you are right, too, MD -- it's crazy that people think a phone app makes anything safe and a good idea. Uber needs to do a better job on the actual business it is really engaged in -- public transportation.
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Re: The Sharing Economy Scam

Unread postby Outcast_Searcher » Thu 18 Jun 2015, 23:54:57

SeaGypsy wrote:I'm pretty confident the uber phenomenon has no longevity. The legal loophole will be xlosed, lest the entire taxi industry may as well pack up, sell up & either invest & join Huber or get other competition going. No way can the orthodox industry compete.

So do you think the entire "sharing" economy has no longevity? Somehow, I think people having far more choices and being able to save significantly on cost will be major forces pushing FOR the sharing economy.

And to me, given all the bad things I've seen out of Taxi drivers and by extension, taxi companies, it's not like we should weep (IMO) if taxis get a decent amount of competent competition.
Given the track record of the perma-doomer blogs, I wouldn't bet a fast crash doomer's money on their predictions.
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