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Comment by gamblor956

1) True. But until about 1 month ago, Uber drivers didn't get to set their own rates, and they were punished for not accepting rides. Moreover, a key issue for this test is that Uber matches drivers to riders, so the normal independence that would be expected from a "platform" does not exist.

2) I laughed so hard I scared my neighbor's dog. Uber is a transportation service that happens to use technology (in the form of software) to provide it's service. Have you read their SEC filings or any of their other legal documents? In their own legally binding filings, they describe their primary business as providing transportation and food delivery services, not as a "platform" for whatever.

3 and 4) This is false, but it's a tricky point. Under AB5, it's not enough to just drive for multiple companies; a driver must satisfy certain legal formalities related to being in business for themselves, like setting up a legal entity, getting their own insurance, etc., to prove they are "customarily engaged" in the business. (Note that points 3 and 4 were distinct in the case law but were combined in AB5.) Most drivers haven't done this.

parent gamblor956 6 years ago

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