Are Matterport Capture Technicians™ actually Matterport Employees?12765
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 WGAN ForumFounder & WGAN-TV Podcast Host Atlanta, Georgia |
DanSmigrod private msg quote post Address this user | |
 Screen Grab: Matterport Capture Services Webpage Hi All, The WGAN Forum Question of the Day for Monday, 10 August 2020: Are Matterport Capture Technicians™ in the Matterport Capture Services Program – actually Matterport Employees? While I could imagine that Matterport paperwork that "Matterport Capture Technicians™" are required to execute likely says something to the effect that the Technician is an Independent Contractor and for clarification is not an employee, I read this news story today: Reuters (10 August 2020) Judge blocks Uber, Lyft from classifying drivers as contractors in California As much as I would like to see Uber and Lyft drives classified as contractors, the California judge (so far) thinks otherwise. And, I could imagine that whatever the ultimate ruling in this case will apply to Matterport (and retroactively). I could imagine some of the factors that would be considered are: 1. Does Matterport decide when and where to report? (yes) 2. Does Matterport decide compensation? (yes) 3. Does Matterport require a Matterport Pro2 3D Camera? (yes) 4. Does Matterport describe the Scope of Work (yes) 5. Does Matterport describe how to do the job (likely) What are your thoughts? Are Matterport Capture Technicians™ actually Matterport Employees? Best, Dan The New York Times | California is suing Uber and Lyft over drivers’ labor status, seeking back wages. |
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 WGANStandard Member Bon Secour, Alabama |
Chemistrydoc private msg quote post Address this user | |
| @DanSmigrod Yes, they are absolutely employees, as they fail the "three question test" as you outline above (actually expanded to 5). It's a slimy move, and, guess what? Their model is failing (see article below): clickable text |
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Axis360Media private msg quote post Address this user | |
| I think we are employees since we captured all the data they used for developing cortex AI. | ||
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 WGANStandard Member Los Angeles |
Home3D private msg quote post Address this user | |
| And doesn’t the Matterport contract even prohibit scan technicians from providing scan services independently? That goes even beyond Uber and Lyft. |
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WGAN Forum Founder & WGAN-TV Podcast Host Atlanta, Georgia |
DanSmigrod private msg quote post Address this user | |
| @Home3D About ... Quote: Originally Posted by @Home3D I would like to know if the Matterport Capture Services Agreement has a: 1. Non-Compete for just the client that the Matterport Capture Technicians™ has received an order 2. Non-Compete for all clients that Matterport has in the Capture Services Program 3. Other? Hopefully, someone that is familiar with the terms and conditions of the Matterport Capture Technicians™ will post an answer here. Best, Dan |
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WGAN Forum Founder & WGAN-TV Podcast Host Atlanta, Georgia |
DanSmigrod private msg quote post Address this user | |
 Hi All, I could imagine that Matterport is paying close attention to this headache producing ruling as it relates to "its" Matterport Capture Technicians™ ... NPR (22 October 2020) Uber And Lyft Must Make Drivers Employees, California Court Rules "A California appeals court says Uber and Lyft must classify their drivers as employees rather than independent contractors, siding with a lower court that found the ride-hailing companies were likely violating state labor law," writes NPR. California voters may bring relief to Matterport in California ... "In the meantime, California voters may decide on the law's future because it's on the November ballot. A measure backed by the companies, Proposition 22, would allow ride-hailing and food delivery apps to keep their drivers as independent contractors while giving them limited benefits but not the full protections of employment status," writes NPR. I could imagine that we will see more lawsuits in other states that might classify Matterport Capture Technicians™ ... Perhaps that will result in yet another class action lawsuit against Matterport. Your thoughts? Dan Dan |
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Axis360Media private msg quote post Address this user | |
| I believe not only are these technicians employees, the whole situation is unfair business practices. It’s part of my lawsuit. | ||
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