Latisha Love BUS 500 August 27, 2017 Dr. Brvenik Assignment 2: The Gig Economy To: Administration and Hiring Managers From: Uber Legal Department Date: 8/24/17 RE: Legal Liability for Drivers’ Conduct There have been several instances of driver misconduct that have resulted in the Uber being held liable. This communication is an attempt to provide clarity to drivers and affiliates as to how misconduct affects the whole team. The main principles of Uber will be discussed as well circumstances that can result in company liability. Lastly, policies implemented in order to minimize liability is discussed. Summary of Main principles Actual express authority, this principle provides that the principle (Uber) enters an explicit agreement with the agent (drivers) to take part in a given action such as giving orders for them to transport people from one point to the other. Actual implied authority provides that Uber enters into an explicit agreement to employ agents that are the drivers although the principle has not specifically authorized the particular action at issue, the agent can reasonably infer that the authority for that action has been delegated to him. The principle of apparent authority, implies that principal does not have an agreement with the agent but with the third party who is the customer or rider. If the principal, in this case, orders the agent not to take a given route due to the bad conditions of the road the agent will not go against the will
Uber as a business have conducted and implemented many harmful tactics and policies. The primary issue that Uber has been deemed harmful are Uber taking and requiring all drivers to accept the percentage cuts. In addition, the higher percentage cuts will be deduct from each earned revenue the driver obtain while driver for Uber. This is a very harmful tactics
Running late for work is not something that can be fixed over night, and neither is stopping distracted driving, but education about the damages of distracted driving is something that is crucial to bringing awareness to this problem. Personal injury lawyers have the change to play a significant role in this education because of the knowledge and experience they have with these issues. My case is minor to many that require representation. Another thing that is necessary is personal responsibility. Since I know the consequences of distracted driving, I am now responsible for my actions while driving. I am also responsible for sharing my experience with others to educate them about their responsibilities as a driver and about the consequences of distracted driving and the importance of driving
Companies need to understand who they are putting on the road with their equipment and supplies on their behalf. Driving behaviors and personal leisure are essential to valid and comprehensive allegations when it comes to hiring and attaining a driver (i.e. hire a driver that is a professional in spirit).
Uber, following numerous complaints made by drivers, is rolling out numerous features to give drivers more control. This includes allowing drivers to charge riders who make them wait too long (longer than two minutes), giving drivers control over their requests and even having the ability to place discounts on Uber rides.
State officials claim that the company has not been providing appropriate levels of screening for its drivers. For example, taxi drivers are required to undergo fingerprinting as well as a very rigorous background check. Lawmakers in the LA area are attempting to decide if Uber drivers should be allowed access to Los Angeles International Airport. D.A’s in both LA and San Francisco claim that more than 25 Uber drivers have been identified as having convictions on their record that could indicate that they are a danger on the job: murder, assault, DUI, etc. In response, a consumer protection lawsuit has been filed against Uber by San Francisco District Attorney George Gascón and Los Angeles County District Attorney Jackie
You’ve probably heard the term “gig economy” in the past few weeks. Gig economy refers to non-traditional jobs taken by temporary personnel, independent contractors or freelancers. There is a lot being said, positively and negatively, about the impact this economy is having on the labor force and the economy.
The dynamics of Intent-Action-Effect contribute to this misunderstanding since the intent of the taxi drivers is to change the way Uber operates so they have to abide by the same rules and regulations taxi drivers do. The action they took is protesting, but the effect was almost the opposite of what they wanted, since now public opinion has shifted and many now view the taxi driver's protests as a nuisance.
The “gig economy”, a terminological alternative to the sharing economy, is possibly the the next major workforce revolution. Providing many individuals means of gainful employment with schedules and opportunities that otherwise would not have been available, this economy of sharing is uncovering many vulnerabilities with the current state of affairs in theis country. Because of this, it could be said this new economic revolution is a double edged blade. Though this metaphor has foreboding connotations, the bennifit of te two edged blade is are more apparent when weilded by a sjulled practioner. As it stands, the gig economy is still in its infancy, so it isn’t surprising that those with a greater understanding of economies and group mobilization
(1.) The ride sharing service, Uber, is a successful and disruptive service in the car service industry; however, the business model creates a dynamic situation for individual Uber drivers. According to Bales and Woo (2017), Uber drivers are independent contractors who do not receive the same benefits as taxi drivers, including protection from individual liability. While debate exists between the drivers and Uber over the employee or contractor classification, Uber asserts that the legal obligations fall upon drivers due to the freedom associated with drivers’ work hours. Due to the risks of liability from vehicle incidents, Akalp (2015) recommends that Uber drivers set up a limited liability corporation in order to protect drivers from losing personal assets in the event of being sued in contractual disputes. In addition, Akalp (2015) recommends that an S Corporation tax status provides a more convenient
A study was conducted to see if Uber and Lyft drivers are racially bias against their bias. This research was taken in Seattle and Boston by researchers at the Massachusetts Institute of Technology, Stanford University and the University of Washington. The study found excessive areas of racial discrimination within this new industry. Results declared that drivers discriminated against their passengers based on their individual race and gender. Uber drivers in Boston canceled transportation for men with "black-sounding names" more than twice as often compared to other men and in Seattle. The rides of black men were delayed "noticeably longer" than whites. It is against Uber and Lyft policy to discriminate against passengers and can lead to driver's
Although, to the state of Virginia, the service of Uber is claimed to be improper and unprofessional due to the fact that “Uber does not have the ‘proper authority’ to transport passengers”, the convenience and benefits Uber brings to the passengers and the society are undeniable.
Firstly, none of Taxi drivers don’t care about safety, insurance and rules. Anti-uber protest was created because, taxis couldn't compete with UberX drivers, which means less salary. Taxi drivers are desperate about their jobs, but it doesn't give them permission for violence during the protest. UberX is cheaper, convenient and they’re simply in trend. However, law must be followed by everyone, thus UberX drivers have to get licence, insurance and be safe enough to provide the service.
On Wednesday, December 16, 2015, a panel of federal judges increased the royalty that free Internet radio services like Pandora will pay record companies for the next five years, a decision that has been closely watched in the music industry and on Wall Street.
“Enabling access to work for people who would otherwise be excluded, (e.g. people with disabilities and people in developing economies), enabling consumers to access affordable services on a just-in-time basis. Creating new opportunities for flexible ways to combine work and private life. Enabling low-cost entry into the market for new enterprises or firms trying out new products or services, thus contributing to growth and competitiveness. Enabling social innovation, creativity and self-expression and the generation of new cultural products and services in addition to helping consolidate European digital single market. ” (Huws, 2015 p: 19)
For over a decade now music piracy has threatened the music industry by costing it money, and stealing from it. Peer-to-peer file sharing has been somewhat of a red flag for the music industry ever since Napster, a once highly used file swapping network, came into the picture. Napster and the websites similar to it made it possible for people to trade files downloaded onto their computer through the internet for free. What that means is that someone who had downloaded the new NSYNC album could give it away to however many people could access it and no one had to pay a penny. The big deal about that is the fact that the artists who worked for months to make that album did not get paid. The only money they saw was from the people who actually went out and physically paid for the CD.