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I find this all really bizarre that so many people are so quick to jump to this kind of thinking.

Honest question: why does anyone think these people are being taken advantage of? Why would you work a gig job if it weren’t a) desirable for whatever reason or b) if you had a better offer.

Where do we draw the line of interfering with an agreement between two competent, free parties?



As a society, we have to decide that certain kinds of voluntary agreements are too exploitative, have too big of a power differential, to be compatible with liberty and therefore are not permissible. Selling yourself into literal slavery comes to mind, but the bar can be a lot higher than that. Part of making sure that "better offers" exist is banning intolerable offers. If this damages or bankrupts your business, it means you weren't producing enough value for the resources, including humans' finite lifetimes, that you were consuming.

In this particular case, the important thing to me is the focus on honesty about the nature of the job. If they tell you, while you're voluntarily entering an agreement, that you'll have a certain degree of flexibility, and in practice they try not to let you have that, you've been lured into the deal on false premises. Usually we call that fraud, and in any case it should be uncontroversial that it's immoral.

After reading the comments here I was prepared to be disappointed by the policy direction, but instead I'm only disappointed I didn't see any specific enforcement teeth mentioned. Demanding transparency and that companies treat their contractors as contractors is IMO the correct direction; it's certainly better than retroactively classifying as employees people who never wanted to be such, as we sometimes see.


I think all of the hyperbole around slavery is massively disrespectful to actual slavery, which still exists in 2022. An Uber driver is not a slave.

But I do agree with you on everything else. I think that companies who want to hire contractors, should treat them as such, and not as employees for which they can reap the rewards of a contractor classification.


Slavery is an existence proof for the general principle, not a direct comparison to Uber. I made clear reference to higher standards we could also choose to draw, that would be more relevant to gig work. I think I made it pretty damn clear I'm not opposed to gig work in principle. Don't ask me to compromise my arguments for some wooly notion of "respect" that's violated by the bare mention of slavery in a context that also disusses less horrible things. That makes everyone dumber.

Of all forums, on HN I feel I ought to be able to make a precise logical statement, meaning no more or less than I said, and be understood correctly. I like to think that most readers did, and the commenters (you less so, I'll grant) trying to draw obviously stupid conclusions from my careful wording are the minority.


>Selling yourself into literal slavery comes to mind

You can still do this, it's called three hots and a cot. The police will direct you how to sign up.

If there are people desperate enough to go to prison to eat and have shelter, we should probably find a solution for those people within society. That likely means there is some point between what we currently offer and what prison offers where those people would be better off. Without those (shitty) jobs, you have a binary choice between good job or the streets.

Honestly, I think a lot of this comes back to housing policy and healthcare. You can't build boarding houses anymore. Zoning laws basically make it so you can be homeless or pay $1k / month (metro city). There's a lot of room in the middle there. The healthcare system is so bloated and broken that I do not think we will bring costs down, so the only solution there is state funded then using state leverage.

Setting a floor for voluntary agreements sounds very humane, but it also means that anyone who can't reach that floor is open to abuse. The same goes for immigrant labor. We don't clamp down on it because doing so sounds racist, but it creates a system where people can be easily exploited.


> As a society, we have to decide that certain kinds of voluntary agreements are too exploitative, have too big of a power differential, to be compatible with liberty and therefore are not permissible.

Do we though? If UBI and universal healthcare were a thing, I would be OK green-lighting ALL voluntary agreements. What am I missing?


You're assuming UBI perfectly and completely eliminates reasons to join exploitative agreements. This is unlikely, even assuming your UBI has perfectly equitable execution, as there are many more reasons than money people get into such agreements. Most relevantly deceptive advertising, but also various forms of emotional manipulation, just not being very smart, etc. Those so vulnerable deserve at least some protection, and defending them holds the line both practically and morally for mistakes in UBI implementation, setting a clear standard for society, cutting down on people making predatory offers, and keeping you safe when you have an off day where you might make a bad decision yourself.


UBI is not sustainable. For something that is sustainable (and proven), look into Islam's Zakat.


> Selling yourself into literal slavery

What are the working conditions that cause something to be literal slavery as opposed to contract labor?

Would individual contracts with a nation's armed forces count as slavery? Why or why not?


In my opinion, the problem is that gig companies eventually "suck the air" out of the market and leave no room for those "better" jobs to exist.

Let's take Uber as an example: if you wanted to open a rival company following the taxi laws that Uber ignores you'd have higher employee and maintenance costs. Eventually you'd go broke: your drivers may be happier, but yor clients are all taking Uber because it's cheaper. And once you go broke, your drivers have no choice but to work for Uber. It's a race to the bottom.

> Where do we draw the line of interfering with an agreement between two competent, free parties?

Typically, when the deal is too disproportionate and/or one-sided. Anti-usury laws and contracts void due to lack of consideration are two examples, but I'm sure there are others.


Uber has not been cheaper than a taxi for years now. Definitely not since the pandemic started.

People take Uber now because it's about the same cost as a taxi, but the credit card machine is never broken, and they can be summoned on demand.


Even when I suspect it will be more expensive, I take it because I know it won't turn out that the credit card machine is inexplicably "broken" again.

Want to really hurt Uber?

Tighten taxi regulations so that a taxi may not legally operate without the ability to accept its full published list of acceptable payment options. The operator can take it out of service until repairs are complete, or police impound it.


Agreed, I use Uber because it's easier, not because it's less expensive.


> In my opinion, the problem is that gig companies eventually "suck the air" out of the market and leave no room for those "better" jobs to exist.

You call it sucking the air out of the market because you don't like it. It's not a better job, it's the same job, you just want it to pay more.

Yes, if you cannot provide a service as cheaply as your competitor, you go broke. That's capitalism. If Uber is the cheapest taxi provider, then yes they will dominate...but that's because consumers chose Uber over more expensive alternatives. If Uber can charge low prices because lots of people are willing to work for it, and consumers choose Uber because of its low prices...where is the problem? If Uber subsidizes rides and goes broke, they deserve that fate as well.

> And once you go broke, your drivers have no choice but to work for Uber.

Or they do something else. This is the natural balance of market forces. Driving an Uber is essentially unskilled labor. If the attractiveness of the job drops, people go and do something else. The labor pool shrinks, and Uber is then forced to raise wages to attract people back into their ranks. Your cut-and-dry extremes are just not how the real economy works.

> Typically, when the deal is too disproportionate and/or one-sided.

These contracts are not too one-sided. A gig worker can stop working at a moment's notice (which has historically been one of the perks).


I agree with you that this is capitalism, but I wouldn't take that as a positive. If anything, this is society (via the FTC) reigning in some of the worse aspects of capitalism.

Every "obligation" that Uber and friends avoid with its gig workers policy (health insurance, accident insurance, unemployment, retirement) falls on the shoulders of the taxpayer. The companies are privatizing the profits and socializing the costs (which is something that capitalists like to do) and society is arguing that this is not what they want. It's the same reasoning for forcing construction companies to pay for the safety equipment of their workers even if market forces would prefer the workers to pay for it themselves.


Lots of arguments lacking any sort of nuance in this one, but since I am short on one I will respond to just once:

> If Uber can charge low prices because lots of people are willing to work for it, and consumers choose Uber because of its low prices...where is the problem? If Uber subsidizes rides and goes broke, they deserve that fate as well.

Except once Uber starves and destroys the taxi service in a city, and one day declare bankruptcy and close down their servers, that city is going to be left in a pinch with a void that can't immediately be filled, leaving society to foot the bill for their greedy destruction.

It seems like this argument and some others constantly suffer from the libertarian wet dream where any business, no matter how complex, can be spun up in an instance _if only there was no government to interfere_. That has never been true, and every business has externalities towards society that may need to be managed and prodded back in line from time to time with very necessary regulations.


In theory, but the market is always more complex than this. A market is not a single company ever, except for Government.


Ad hominem attack aside, I agree with much of what you say. But your argument hinges on a hypothetical that hasn't happened.

Forget about the libertarian wet dream, your bias is clear. What is the negative externality that you believe society is imminently facing and must be regulated? Do you believe Uber is on the verge of shutting down?


Uber is profiting off obfuscating the actual income its drivers make from those drivers. It's easy for us to fire up a spreadsheet app and see what a bad deal driving for Uber is, but a lot of people can't or don't do that, and they get screwed in the process. They don't even realize it until they look back and calculate why they're doing so badly financially


What ad hominem attack?


> That's capitalism.

Don’t worry too much about capitalist ideals, we should be willing to bend the rules as needed to promote a system where there is healthy competition and innovation.

If we can do un-capitalistic things like bail outs and PPP schemes to help businesses when their chips are down, we should be able to handicap them when things are in their favour, to help new businesses challenge them.


We shouldn't help them when the chips are down. Let the investors hang themselves (without letting anyone starve*) so the next generation know how to plan accordingly.


> or b) if you had a better offer.

... isn't the lack of a better offer one of the components necessary to exploit a worker? You can only exploit a worker, without violence, if they are (financially) pressed against the wall and have no better options, right?


Not necessarily, but let's take your example. People often point that the gig companies aren't making any money, and the response to that is often along the lines of "well a business model like this shouldn't exist then".

So given that these companies aren't making money, what if these changes drive them out of existence? If gig workers truly don't have a better offer, well now they have no offers. What do this people do then?


They will do an even shittier job or be without any income.

You want to say "better this job than the worse one then", right? I understand that. But if you view the working conditions of gig workers as exploitive, this can't justify their existence, IMO. Otherwise you get a race to the bottom and can justify any work condition with the exception of the absolute bottom of the barrel.

Whether or not you see the working conditions for gig workers as exploitive is up to you, of course.


This is a fair argument (not one I agree with), but this is much larger than gig workers, and quickly jumps to minimum wage, UBI, etc.

I have views on that, not appropriate for this thread, and I accept if someone wants to make this argument. But again, this is a social critique...nothing specific to the gig economy.


I agree... and here's something weird (using DoorDash as an example):

1. Everybody says DoorDash doesn't pay their workers enough.

2. Everybody says DoorDash charges restaurants too much.

3. Everybody says DoorDash marks up the food too much.

4. Nobody is forced to use DoorDash, work for DoorDash, or sell on DoorDash.

5. DoorDash has never made a profit.


That's not very weird to me. It just means DoorDash's business model is unsuitable and that DoorDash shouldn't exist.


I think the weird part is that they still exist despite all this.


You could give that argument for pretty much any labour dispute. If those workers don’t want to spend 70 hours a week in the factory, why don’t they find another job instead? If the miners are not happy about the safety measures, why don’t they go to another mine that’s safer?

To answer your question, yes it’s probably a bit of a and a lot of b, but what does that change?


Yes, and I think it's a fair argument, which then leads to some reasonable conclusion. In a modern country, most people don't believe that people should put their life at undue risk, even if that makes the system less efficient. I happen to agree with this.

My open question again was not about whether to draw a line, like your mining example, but rather where we draw it.

I just happen to be of the opinion that gig workers, and miners working in dangerous conditions, happen to fall on opposite sides of that line.


I think I missed your explanation of why they fall on the opposite line. Care to explain?


> Where do we draw the line of interfering with an agreement between two competent, free parties?

Constantly. Endlessly. Daily.

We draw the line everywhere, all day, in every single aspect of lives. It’s the core concept of government, in fact it’s the basic premise of civilization.

Two parties can’t agree to enter into slavery. Or a Ponzi scheme. Or a restaurant meal where the cooks don’t disinfect the kitchen. Or a bank where there’s not enough reserves. Or an airplane that hasn’t been maintained. Or a verbal agreement to buy a house.

In all cases it’s because we’re not ok with the effect on society, like E. Coli outbreaks, plane crashes, bank failures, destitute old people, and lots of other stuff.

It’s not necessarily that the people themselves are being taken advantage of. Society is. The companies are externalizing costs and risks on everyone instead of absorbing them. We get to decide that’s not OK.


I asked where we draw the line, not if we draw it.

All of your examples are incredibly unlikely things for two informed parties to enter into. In fact, the reasons those laws exist is because of the information asymmetry. That seems reasonable to me.

But gig workers are not under the illusion that they are going to receive healthcare or other benefits. It's like if I took a job offer for $X and then demanded I was being exploited because I want $Y. I fully support gig workers in pushing for more, I absolutely do. These are natural market forces. Everyone should act in their own self interest...we know that Uber will.

I just think that in this instance, this qualifies as government overreach.


> I just think that in this instance, this qualifies as government overreach.

Considering the bought and paid for political legislatures with lobbying money and unusual whales funded by corporate interests, if you think this little blip by workers is “overreach” then you’d be flabbergasted by what corporate lobbyists get away with.


I answered it. We draw the line where there are demonstrable harms to society and when information or power asymmetry is not avoidable, which externalizes costs onto society as a whole.


Ok, and what is the unavoidable and unacceptable asymmetry at play here?


To the extent the companies are colluding on rates, that hurts the sellers and the buyers on any marketplace.

If the company is using some AI model to resolve disputes against statutory and contract requirements, same problem.

Same thing again with deceptive conduct and misrepresentation, if you take a dollar from one million people that you wouldn't have without deceiving people, this is a good area for regulator (like FCC) to handle. Class actions as an alternative seem to end up with a worse result.


We think they're suffering because they're saying they're suffering.

Zero people would care about this if there wasn't a huge outcry from the gig workers themselves! This isn't just paternalism, it's the gig workers themselves driving these changes.


> This isn't just paternalism, it's the gig workers themselves driving these changes.

This isn't universal though. If you go to places where gig workers discuss these issues (say /r/UberDrivers) every post complaining about pay has people saying "if you don't like the fare, don't accept it!" and to be fair there are also lots who are not complaining about it.

In any event, I don't mean to defend uber. I don't favor their model. I would just say that it is NOT universal.


You're arguing tactics vs. strategy though, the tactic is to optimize the current system, but the strategy is to fix the broken system.

A single Uber driver can and often does do both.


Some people don't agree that the system is even broken.


"Some people" think all kinds of crazy shit, I'm not really seeing an argument here.


> We think they're suffering because they're saying they're suffering.

Calfornia's AB5 was massively protested by gig workers. This sort of generalization is absolutely paternalism.


humanitarian reasons - the same reason why workers rights in general exist in the first place.


Workers rights exist only because they were fought for, and will exist only as long as people are willing to fight for them.




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