The companies made it seem like drivers couldn’t work flexible hours if this passed. Nurses and other shift workers are employees, yet have flexible hours. That was completely obfuscated in this messaging.
This is a bad definition of flexible: "flexible hours means you have different start and end times for your workday than the standard 9 a.m. to 5 p.m."
This is a good definition of flexible: "A flexible work schedule is an alternative to the traditional 9 to 5, 40-hour work week. It allows employees to vary their arrival and/or departure times." Also "gives a worker greater latitude in choosing his or her particular hours of work, or freedom to change work schedules from one week to the next depending on the employee's personal needs"
The first one applies to nurses and shift workers. But the goal and the appeal of Uber and Lyft is the second one.
> Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.
> They can be a part-time employees and chose when they work without having a fixed salary.
In a way where it actually makes sense for uber to hire them? If someone can sit in their house and push a button to start being paid their full rate, and doesn't have to actually do anything for the company during that time...
They can't just limit hires, which already hurts the flexibility, they would have to limit shifts to different amounts based on the time of day, which would basically kill the idea of spontaneously working whenever you want.
That’s a good point. There will be some flexibility removed. It isn’t as dire as Uber / Lyft claim where you can’t have a day job anymore, but in order to pay drivers minimum wage, they may have to limit driver supply some at certain hours.
