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Shervin Pishevar’s other star investment, Uber, was embroiled in its own case about whether it was as humble and powerless as it claimed. A group of drivers had sued Uber, as well as its rival Lyft, in federal court, seeking to be treated as employees under California’s labor laws. Their case was weakened by the fact that they had signed agreements to be contractors not subject to those laws. They had accepted the terms and conditions that cast each driver as an entrepreneur—a free agent choosing her hours, needing none of the regulatory infrastructure that others depended on. They had bought into one of the reigning fantasies of MarketWorld: that people were their own miniature corporations. Then some of the drivers realized that in fact they were simply working people who wanted the same protections that so many others did from power, exploitation, and the vicissitudes of circumstance. Because the drivers had signed that agreement, they had blocked the easy path to being employees. But under the law, if they could prove that a company had pervasive, ongoing power over them as they did their work, they could still qualify as employees. To be a contractor is to give up certain protections and benefits in exchange for independence, and thus that independence must be genuine. The case inspired the judges in the two cases, Edward Chen and Vince Chhabria, to grapple thoughtfully with the question of where power lurks in a new networked age. It was no surprise that Uber and Lyft took the rebel position. Like Airbnb, Uber and Lyft claimed not to be powerful. Uber argued that it was just a technology firm facilitating links between passengers and drivers, not a car service. The drivers who had signed contracts were robust agents of their own destiny. Judge Chen derided this argument. “Uber is no more a ‘technology company,’ ” he wrote, “than Yellow Cab is a ‘technology company’ because it uses CB radios to dispatch taxi cabs, John Deere is a ‘technology company’ because it uses computers and robots to manufacture lawn mowers, or Domino Sugar is a ‘technology company’ because it uses modern irrigation techniques to grow its sugar cane.” Judge Chhabria similarly cited and tore down Lyft’s claim to be “an uninterested bystander of sorts, merely furnishing a platform that allows drivers and riders to connect.” He wrote: Lyft concerns itself with far more than simply connecting random users of its platform. It markets itself to customers as an on-demand ride service, and it actively seeks out those customers. It gives drivers detailed instructions about how to conduct themselves. Notably, Lyft’s own drivers’ guide and FAQs state that drivers are “driving for Lyft.” Therefore, the argument that Lyft is merely a platform, and that drivers perform no service for Lyft, is not a serious one.
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