• AA5B@lemmy.world
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    10 months ago

    I think the loopholes include:

    • assuming a “take it or leave it” from a huge company to an individual, can ever be a valid contract
    • paying “sufficiently “ for an employee while also delegating business expenses
    • bending the regulations around what is allowable for contracting vs effectively employee
    • skirting regulations on similar legacy business models
    • fraudulent menus and pricing
    • Rivalarrival@lemmy.today
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      10 months ago

      assuming a “take it or leave it” from a huge company to an individual, can ever be a valid contract

      Employees don’t get “offers”. Employees get “assignments”. An offer can be refused. Refusing an assignment has negative consequences. Employment worsens the disparity between huge company and individual, by reducing the individual’s ability to decline work.

      As a contractor, I can work for DoorDash and UberEats simultaneously. As an employee, both of them would demand exclusivity and I would have to choose one or the other.

      paying “sufficiently “ for an employee while also delegating business expenses

      I think the service should collect a mandatory delivery fee from the customer equal to the IRS mileage rate, about $0.655 per mile, and reimburse the driver for it. That’s the base pay. A suggested “bid” (what they currently call a “tip”) should be provided, based on the going rate of labor in the area. The customer should be able to adjust that rate, and be warned if their adjustment goes below minimum wage. A below minimum wage offer does not imply the driver will be earning below minimum wage: orders are often stacked. Two minimum wage orders performed simultaneously earn nearly twice minimum wage.