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Re: Lyft Says It’s ‘Not in the Transportation Business,’ So Disability Law Doesn't Apply [JSA] [ In reply to ]
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JSA wrote:
DavHamm wrote:
JSA wrote:
DavHamm wrote:
FishyJoe wrote:
burnthesheep wrote:
None of these people would be making a dime without the protections the ride share gig groups enjoy over traditional licensing, rules, taxes, requirements that actual local cab companies have to hold themselves to.


And with all those rules, taxes and requirements they forgot about improving the service for consumers or making it less expensive.


See the article I link to above. IF they are independent then they should be able to set the price themselves else it is Price fixing.


No, it isn't. Uber and Lyft are merely broadcasting the fact that passenger A is looking to go from here to there. If you choose to accept this opportunity, here is what it pays.

This is akin to a trucking company that uses independent contractor drivers. The company publishes available routes and the price that will be paid for the route. Independent contractor drivers are free to pick and choose the load they want to carry. The trucking company sets the rates for the loads, but, that fact does not make the independent contractor drivers employees of the trucking company.


Im not going to debate Law with you. Read the article, I'm not making the claim, the author / other lawyers are.


That's a wise choice on your part because you are wrong.

I can't be wrong I have no opinion here, I am simply sharing knowledge (with links) to where I found said knowledge/opinions.

So you can argue the opinions and articles I shared are wrong, fine that's your opinion / right.

Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
Be kind English is my 2nd language. My primary language is Dave it's a unique evolution of English.
Quote Reply
Re: Lyft Says It’s ‘Not in the Transportation Business,’ So Disability Law Doesn't Apply [DavHamm] [ In reply to ]
Quote | Reply
DavHamm wrote:
JSA wrote:
DavHamm wrote:
JSA wrote:
DavHamm wrote:
FishyJoe wrote:
burnthesheep wrote:
None of these people would be making a dime without the protections the ride share gig groups enjoy over traditional licensing, rules, taxes, requirements that actual local cab companies have to hold themselves to.


And with all those rules, taxes and requirements they forgot about improving the service for consumers or making it less expensive.


See the article I link to above. IF they are independent then they should be able to set the price themselves else it is Price fixing.


No, it isn't. Uber and Lyft are merely broadcasting the fact that passenger A is looking to go from here to there. If you choose to accept this opportunity, here is what it pays.

This is akin to a trucking company that uses independent contractor drivers. The company publishes available routes and the price that will be paid for the route. Independent contractor drivers are free to pick and choose the load they want to carry. The trucking company sets the rates for the loads, but, that fact does not make the independent contractor drivers employees of the trucking company.


Im not going to debate Law with you. Read the article, I'm not making the claim, the author / other lawyers are.


That's a wise choice on your part because you are wrong.

I can't be wrong I have no opinion here, I am simply sharing knowledge (with links) to where I found said knowledge/opinions.

So you can argue the opinions and articles I shared are wrong, fine that's your opinion / right.

Thank you for sharing false information.

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
Quote Reply
Re: Lyft Says It’s ‘Not in the Transportation Business,’ So Disability Law Doesn't Apply [JSA] [ In reply to ]
Quote | Reply
JSA wrote:
DavHamm wrote:
JSA wrote:
DavHamm wrote:
JSA wrote:
DavHamm wrote:
FishyJoe wrote:
burnthesheep wrote:
None of these people would be making a dime without the protections the ride share gig groups enjoy over traditional licensing, rules, taxes, requirements that actual local cab companies have to hold themselves to.


And with all those rules, taxes and requirements they forgot about improving the service for consumers or making it less expensive.


See the article I link to above. IF they are independent then they should be able to set the price themselves else it is Price fixing.


No, it isn't. Uber and Lyft are merely broadcasting the fact that passenger A is looking to go from here to there. If you choose to accept this opportunity, here is what it pays.

This is akin to a trucking company that uses independent contractor drivers. The company publishes available routes and the price that will be paid for the route. Independent contractor drivers are free to pick and choose the load they want to carry. The trucking company sets the rates for the loads, but, that fact does not make the independent contractor drivers employees of the trucking company.


Im not going to debate Law with you. Read the article, I'm not making the claim, the author / other lawyers are.


That's a wise choice on your part because you are wrong.


I can't be wrong I have no opinion here, I am simply sharing knowledge (with links) to where I found said knowledge/opinions.

So you can argue the opinions and articles I shared are wrong, fine that's your opinion / right.


Thank you for sharing false information.

Thank you for providing evidence or supporting opinions that this is false information.. oh wait you didn't

Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
Be kind English is my 2nd language. My primary language is Dave it's a unique evolution of English.
Quote Reply
Re: Lyft Says It’s ‘Not in the Transportation Business,’ So Disability Law Doesn't Apply [DavHamm] [ In reply to ]
Quote | Reply
DavHamm wrote:
JSA wrote:
DavHamm wrote:
JSA wrote:
DavHamm wrote:
JSA wrote:
DavHamm wrote:
FishyJoe wrote:
burnthesheep wrote:
None of these people would be making a dime without the protections the ride share gig groups enjoy over traditional licensing, rules, taxes, requirements that actual local cab companies have to hold themselves to.


And with all those rules, taxes and requirements they forgot about improving the service for consumers or making it less expensive.


See the article I link to above. IF they are independent then they should be able to set the price themselves else it is Price fixing.


No, it isn't. Uber and Lyft are merely broadcasting the fact that passenger A is looking to go from here to there. If you choose to accept this opportunity, here is what it pays.

This is akin to a trucking company that uses independent contractor drivers. The company publishes available routes and the price that will be paid for the route. Independent contractor drivers are free to pick and choose the load they want to carry. The trucking company sets the rates for the loads, but, that fact does not make the independent contractor drivers employees of the trucking company.


Im not going to debate Law with you. Read the article, I'm not making the claim, the author / other lawyers are.


That's a wise choice on your part because you are wrong.


I can't be wrong I have no opinion here, I am simply sharing knowledge (with links) to where I found said knowledge/opinions.

So you can argue the opinions and articles I shared are wrong, fine that's your opinion / right.


Thank you for sharing false information.


Thank you for providing evidence or supporting opinions that this is false information.. oh wait you didn't

LOL! Just because you don't understand it doesn't mean it isn't there! But, hey, keep posting false information, if that's what trips your trigger.

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
Quote Reply
Re: Lyft Says It’s ‘Not in the Transportation Business,’ So Disability Law Doesn't Apply [JSA] [ In reply to ]
Quote | Reply
JSA wrote:
DavHamm wrote:
JSA wrote:
DavHamm wrote:
JSA wrote:
DavHamm wrote:
JSA wrote:
DavHamm wrote:
FishyJoe wrote:
burnthesheep wrote:
None of these people would be making a dime without the protections the ride share gig groups enjoy over traditional licensing, rules, taxes, requirements that actual local cab companies have to hold themselves to.


And with all those rules, taxes and requirements they forgot about improving the service for consumers or making it less expensive.


See the article I link to above. IF they are independent then they should be able to set the price themselves else it is Price fixing.


No, it isn't. Uber and Lyft are merely broadcasting the fact that passenger A is looking to go from here to there. If you choose to accept this opportunity, here is what it pays.

This is akin to a trucking company that uses independent contractor drivers. The company publishes available routes and the price that will be paid for the route. Independent contractor drivers are free to pick and choose the load they want to carry. The trucking company sets the rates for the loads, but, that fact does not make the independent contractor drivers employees of the trucking company.


Im not going to debate Law with you. Read the article, I'm not making the claim, the author / other lawyers are.


That's a wise choice on your part because you are wrong.


I can't be wrong I have no opinion here, I am simply sharing knowledge (with links) to where I found said knowledge/opinions.

So you can argue the opinions and articles I shared are wrong, fine that's your opinion / right.


Thank you for sharing false information.


Thank you for providing evidence or supporting opinions that this is false information.. oh wait you didn't


LOL! Just because you don't understand it doesn't mean it isn't there! But, hey, keep posting false information, if that's what trips your trigger.


Huh, did you post a link about price fixing, I guess I missed that. Not sure how its false information, it seemed to be

Here, I'll help you http://file:/...gation%20problem.pdf


Of course heres a law firm trying to build a case against uber and lyft drivers for price fixing.
https://klaprothlaw.com/...n-airport-customers/

And just in case you missed it the original article, that lays out the pro's and con's of the case, and the previous rulings and how they would impact a case if one were to be made (and avoid arbitration somehow)
https://jalopnik.com/...troy-uber-1834790506

Oh and thanks for your condescending, arrogant, lack of explanation posts, reminds me why I have you blocked, and have enjoyed this site so much more since doing so.

Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
Be kind English is my 2nd language. My primary language is Dave it's a unique evolution of English.
Last edited by: DavHamm: May 25, 19 17:46
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Re: Lyft Says It’s ‘Not in the Transportation Business,’ So Disability Law Doesn't Apply [DavHamm] [ In reply to ]
Quote | Reply
DavHamm wrote:

Oh and thanks for your condescending, arrogant, lack of explanation posts, reminds me why I have you blocked, and have enjoyed this site so much more since doing so.

Then why are you constantly responding to me?

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
Quote Reply
Re: Lyft Says It’s ‘Not in the Transportation Business,’ So Disability Law Doesn't Apply [JSA] [ In reply to ]
Quote | Reply
JSA wrote:
DavHamm wrote:

Oh and thanks for your condescending, arrogant, lack of explanation posts, reminds me why I have you blocked, and have enjoyed this site so much more since doing so.

Then why are you constantly responding to me?

'Cause you're so adorable?
Quote Reply
Re: Lyft Says It’s ‘Not in the Transportation Business,’ So Disability Law Doesn't Apply [JSA] [ In reply to ]
Quote | Reply
JSA wrote:
TheRef65 wrote:
JSA wrote:
Hey, how about that, now even the Federal Government says these drivers are not employees. Who could have seen that coming???


Uber drivers are independent contractors without federal protections for organizing activity and unfair labor disputes, the National Labor Relations Board (NLRB) has concluded. The board issued its conclusion in an advice memo from Associate General Counsel Jayme L. Sophir, of the NLRB's advice division.

https://www.hrdive.com/...ns-memo-says/554815/


This decision makes sense. There is a case going on now regarding independent contractor or employee status for high school sports officials in PA. Being a high school basketball official in PA this is obviously important to me. Would you look at this and let me know what you think, since you're a labor lawyer.

https://www.referee.com/...ependent-contractor/

Thanks


It could be a moot point. The NLRB has since reversed its stance on independent contractors and returned to its former position. It is possible that, even if the DC Circuit affirms the NLRB's decision and remands it to the NLRB for enforcement, the NLRB may re-open the case and reverse its opinion. So, everyone may be spinning their wheels for nothing.

Assuming the doesn't happen, I think the Board got is wrong in deciding the PIAA is not a political subdivision. I think there is a strong chance the Court reverses that finding, which would likely reverse the case because then the NLRB would not have jurisdiction. The Obama-appointed NLRB rendered this decision initially. That Board ignored and/or overturned decades of precedent. In addition, the Board expanded its jurisdiction in a ridiculous manner, much of which was overturned by the courts. This, to me, looks like another over-extension of their jurisdiction and, for that reason, it could be kicked.

Assuming the case is decided on its merits, it is a bit of a toss-up. Both parties have good arguments. But, given the sporadic and part-time nature of the officiating, it seems a bit difficult to consider them "employees" of any entity and certainly not of the school districts for whom they officiate.


Just for closure, this is on the opening page of the PIAA website:

PIAA Sports Officials Are Properly Classified
As Independent Contractors


The United States Court of Appeals for the District of Columbia Circuit, in a unanimous 3-0 decision has agreed with PIAA that PIAA-registered sports officials are properly classified as independ-ent contractors, not employees. The D.C. Court of Appeals’ deci-sion vacates a prior decision issued by the National Labor Rela-tions Board in July of 2017, which had found that a group of PIAA-registered lacrosse officials in Western Pennsylvania were employ-ees for purposes of the National Labor Relations Act.


In reaching its decision that PIAA officials are independent con-tractors, the Court of Appeals relied heavily upon the fact that PI-AA-member schools, not the PIAA, pay the officials during the regular season; that each season is a relatively short duration; and that PIAA does not exercise significant control over the calls made by officials during a game or contest. As the Court of Appeals noted: “Telling an official to call a game fairly is hardly akin to instructing a worker how to work.”


PIAA has always strongly believed that the officials are properly classified as independent contractors. The D.C. Circuit Court of Appeals noted: “Almost every state court deci-sion involving an amateur sports official’s employment status’ has come to the same conclusion.” The prior NLRB decision created significant uncertainty in this area. PIAA and state athletic associations across the country now have clarity. PIAA-registered sports officials are independent contractors.


Thanks again for your input.

_____
TEAM HD
Each day is what you make of it so make it the best day possible.
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