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Comment by bfdm | Hacker News Reader

There is a lot of legal precedent for this distinction that depends on your jurisdiction, but largely boils down to how much control the worker has over the work.

Uber and the like claim the workers choose when to work, how much, whether to accept gigs etc. But this is part of the problem: offering gigs at a set rate as take it or leave it is insufficient control. A real contractor would be able to negotiate and adjust this rate.

Uber drivers are employees delivering services core to the function of the business.

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>Uber and the like claim the workers choose when to work, how much, whether to accept gigs etc. But this is part of the problem: offering gigs at a set rate as take it or leave it is insufficient control. A real contractor would be able to negotiate and adjust this rate.

Isn't it already built into the system though? If no one drives, surge pricing goes up until someone accepts the ride.

Honestly I see no way individual workers setting the price wouldn't lead to lower prices than you see now. Drivers would have the option to either sit and make 0 money or cut their rate by 10 cents and make some money. The way Uber sets prices pretty much mandates a minimum. If the minimum doesn't cover your maintenance costs, you shouldn't be driving for Uber.

This is where the whole discussion spirals out of control usually.

Uber maintains its business isn't transportation - it's facilitating a market place for transportation. Nonsense, say its detractors, you're running a car service.

It's clear that Uber has gotten into some activities that undermine its own story, like loans for drivers to buy cars and insurance.

It's also clear that Uber drivers don't look like regular employees in many ways - like: they decide their own hours; they can refuse trips; they can contract with other, competing ride-share companies simultaneously.

I don't know how people generate certainty in their opinions on this topic.

They tell you what route to take, what car you can drive, how long you can wait for pickup, and so on and so on and so on.

You don't tell the person building your home how many employees he's allowed to have, and how new his tools must be.

> A real contractor would be able to negotiate and adjust this rate.

To be clear, I agree with everything you’re saying. However, if I say I’m willing to pay $100 for a website and will deny all counteroffers, is the person who I hire to make my website a contractor or an employee?

But the GP comment is saying that drivers that can set rates for themselves still shouldn't be called contractors. Hence my question

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