Unfair Competition

While the idea of restricting the hours of each of the Uber driver seems to be a valid course of action for the safety of the public, there is more here than meets the eye. First, Uber wants to boost its numbers (the number of drivers) and having each driver work more than 12 hours will not boost their numbers. On the other hand, if demand is great (demand from the consumer) then they will have a better opportunity to get more part time drivers on the road. This will help Uber boost its numbers so in a year from now they can say we have 10,0000 more drivers and have created 10,000 more jobs. This is far from reality. Creating a part time labor force is simply taking away form full time drivers ability to make a living. Next, limiting the opportunities for drivers to work by limiting the amount of hours they can be available smacks of direction and control. Since there is no rule from the NYC Taxi and Limousine Commission mandating that a FHV driver be limited in the amount of time they are open to receive dispatches, this is a restriction placed on the drivers by Uber which is just another one of their means of exercising direction and control over the drivers and simply another indicia of their employment of their drivers. If Uber wants to direct and control their drivers, then they should be treated like employees. Uber should stop the unfair competition by utilizing the services of drivers who are clearly not independent contractors. They are violating the labor law and at an unfair competitive advantage over other FHV car services. Competition is good for the market and the public at large, but competition by misclassifying its drivers as independent contractors gives them a competitive advantage which not only violates the rights of its drivers, but violates the protections afforded to its competitors.