Class 5 - Employee Rights Flashcards
Prop 22 - Uber and Lyft
Prop 22: Uber/lyft drivers classified as independent contractors not employees (if voted for)
Prop 22 passed with a majority and now Uber/Lyft drivers can be independent contractors not employees they are exempt from the initial CA bill stating they must be employees
Uber drivers
What are the rights of Uber drivers? Do they have rights to receive benefits?
hm
What are the responsibilities of Uber as an employer? What are they obliged to do to the drivers?
hm
rights in the workplace
When you work for an employer,
What are your rights as an employee?
hm..
What are your employer’s duties to you?
Hm…
Nozick’s meaningful work
What does Nozick mean by “meaningful work”?
Nocick means is the segment of the work that the employee finds value in - these are perks of working there that attract employees to employers
Not that it brings meaning to you…
Broaden its meaning to “any aspects/segments of job or employment condition that an employee values”
EX: job security, due process before dismissal, advance notice of layoffs, health insurance, flexible hours etc.
meaningful work and efficiency
Does meaningful work increase efficiency? Decrease efficiency? Or have nothing to do with it at all?
Scenario 1: “Nozick notes that if the productivity of workers rises when the work tasks are segmented so as to be more meaningful, then individual employers pursuing profits will reorganize the production process in such a way out of simple self-interest.”
No ethical dilemma because positive correlation between meaningful work and employee productivity employers will seek meaningful work
Scenario 2: “Even if productivity were to remain the same, competition for labor will induce employers to reorganize work so as to make it more meaningful.”
No matter how much meaningful work increases and productivity stays the same, employers will seek meaningful work
Scenario 3: “The only interesting case to consider is the one where meaningful work leads to reduced efficiency.” (all quotes from p.951)
Meaningful work reduced productivity so employers will not seek meaningful work
trade offs and total packages
As wages are lower there are greatest amount of work/ productivity
People are making trade offs here (all bars are the same size)
So sure you are getting paid less with C and D but it is more meaningful because of work culture, flexible hours, security etc.
We typically go for C and D in this case because a and B is not meaningful enough for us but workers and companies will always make trade offs because of these factors
nozick’s negative rights and meaningful work
Government cannot make companies give more meaningful work because that’s against their negative rights
Government cannot ban jobs with low meaningful work because that infringes against employees right to go for these jobs
employment at will
The at-will employment law of California means that all employees subject to this law have the right to terminate a working relationship at any time with or without notice to their employer. It also means an employer can use any legal reason to terminate an employee at any time.
Is EAW ethically justifiable, or is it a violation of employees’ rights?
Yes it is ethical
Is it ethically justifiable to ban EAW?
No. Banning it is unethical because Nozick’s right theory says no
What is “meaningful work” here?
Job security
advance notice of plant closing
Do employers have ethical responsibilities to notify plant closure in advance?
Nozick is saying this is wrong and unethical because individual rights are being infringed upon
Is it ethically justifiable to mandate advance notice of plant closing?
Applicants wont get notified about jobs because those jobs won’t exist
What is “meaningful work” here?
Transparency and warnings
Knowledge to knowing that you will get fired
exploitation
But if you remove arrangements that protect workers’ rights, would it encourage companies to exploit workers?
Nozick is saying that exploitation cannot happen in a competitive market (keyword is competitive) because workers will leave if they are exploited. Companies will have a hard time recruiting if they are abusing their works so no this really isn’t exploitation.
Movement between companies is allowed whereas a monopoly you cannot move around.
discussion question 1: Does Maitland/Nozick deny all kinds of employee rights? Which kind of employee rights does Maitland/Nozick advocate for?
No. If their rights are being infringed upon.. If their negative rights are violated then that is against Nozick’s principle. Employees have the right to stay or leave but it goes both ways. Employers can fire you too. Employees and employers must agree on conditions and must have the ability to say yes or no.
Both employers and employees have the right to choose even if that choice may look unethical to some. Think of the tradeoffs of jobs.. Meaningful work vs pay.
As long as they can choose and no government or entity can ban them from choosing
discussion question 2: What does Maitland mean by saying “employers’ attempts to exploit workers (say, by denying them due process in the workplace without paying them the market rate for forgoing such protections) will be self-defeating?” (p.954)
Author is saying it is self defeating the exploit workers because they can choose to leave. There is competition between employers.
discussion question 3: Why does Maitland/Nozick assume a competitive labor market? How would the argument be different in a non-competitive labor market?
Competitive labor markets allow employees to have the opportunity to choose. Nozick values a free market over monopolies because of this.
The argument would be different in a non-competitive labor because when employees get exploited they cannot leave and they have no choice.
discussion question 4: Would Maitland/Nozick argue that it is ethical for Uber to deny drivers’ benefits as regular employees?
Yes. They can go get a job somewhere else. Drivers have the choice to drive for someone else.. Nozick says they have the right to leave and the right to choose another companies with greater benefits/meaningful work
