Since this can be approached in many ways, the possibilities are endless. Uber has also secured protection for its logo, application icons, and designs. Ride requests are randomly matched with the closest Driver so there is no discrimination based on gender, race, or destination. To export a reference to this article please select a referencing stye below: If you are the original writer of this dissertation and no longer wish to have your work published on the UKDiss.com website then please: Our academic writing and marking services can help you! Uber reserves the right to collect personal information about its users when they create an account or use their services. This includes location, which information can be stored, processed, and accessed by Uber. A. Accessed April 17, 2020. It must be set at an attractive price that will encourage customers to purchase the offerings. Accessed April 19, 2020. Accessed April 18, 2020. Uber seems to have grasped the latter, it is having difficulty with the former. In most states, employers have adopted at will policies as part of their rights; Montana is the only exception. Uber and Lyft’s Drivers are not employees. Uber is a company that disrupted the transportation system. This is to ensure the safety of the Driver and their riders. While this makes customers happy, Drivers are not pleased because it cuts into their profits (Dough, 2016). Uber’s official website assures riders that they are committed to their safety. From being banned at airports (and entire countries) to increasing costs of operation, Uber has four challenges on its hands in America and abroad.Â, The California Senate passed Assembly Bill 5 in 2019 and the rule would require Uber, Lyft, and other companies to treat workers as employees rather than independent contractors. Although the bill is expected to become law, Uber's top attorney said in response that the company would not begin treating drivers as employees despite the legislation.Â. Uber. "Celebrating Cities: A New Look and Feel for Uber." While Uber has policies to diversify their workforce, the implementation process is vague and broad. As a result, Uber is protected from their Driver’s indiscretions. Uber partnered with the Grace Hopper Celebration of Women in Computing to recruit more women in the tech field (Uber, 2017). Ethical Challenges faced by Uber Ethical issues are a great concern for the company. California's AB5 set rules for gig workers and firms hiring them. Accessed April 18, 2020. Stamford, CT: Cengage Learning. Uber could have spent their budget on TV, billboards, and media ads, but they chose to invest their budget on campaigns tailored to the Indian culture. Several law suits were filed claiming that ride share companies were “deceptive and unsafe for customers” (Gallegos, 2014). The third stage is perhaps the most important one: evaluation. With more reliable and cheaper service than in America, it seems unlikely that there is a strong market for Uber abroad. Accessed April 18, 2020. Because of this, there is more competition between Uber drivers and traditional taxis. The public is more inclined to support companies that attempts to moderate climate change. Since Uber Drivers are considered independent drivers, their breaks may come at the cost of losing a pick-up request at a peak time (McHugh, 2016). These include white papers, government data, original reporting, and interviews with industry experts. Uber in the last couple years had reduced the base ride costs in some cities (ie. This may violate the Driver’s privacy because they are tracked on their personal phones, but Uber counters that tracking keeps Drivers accountable for safety, and protect them against unfair complaints from riders. Registration is not required to own a copyright, but it is highly recommended. Retrieved from http://www.npr.org/sections/alltechconsidered/2017/06/09/531642304/the-faceless-boss-a-look-into-the-uber-driver-workplace, Stereotype. Drivers are free to take bathroom breaks when needed, but they have to clock out. There have been several complaints about car accidents, assault, and rape. IPWatchdog. Uber’s privacy statement applies to drivers, agents, partner transportation companies, and individuals who use the Uber platform and lives in the United States. (2017). The Verge https://www.theverge.com/2016/11/30/13763714/uber-location-data-tracking-app-privacy-ios-android, Hawkins. T. (2016) WeHo Woman Sues Uber for Negligence After Being Raped by Driver. Founded in 2009, Uber is a ride-sharing platform that connects drivers with passengers. The WEPA has improved the remedies available for federal employees who notify the authorities of employer misconduct (Halbert, 2015). Indian marketing blogger, Prateek Malpani, analyzes Uber’s five phases of successful and effective market entry (Ramsenthaler, 2016). Apple offers its users three location-based settings: “Never”, “While Using the App”, and “Always.” Until now, Uber allowed the “While Using App” option, but Apple allows developers to disable this feature. "Update on AB5." While private taxi services must comply with licensing fees, commercial insurance laws, and uniform rates, Uber and other ride share companies do not have to comply with these regulations. J. Of Uber’s 12,000 employees, less than 40 percent are women, and Black and Hispanics account for only 15 percent of the workforce. The second and third phases consisted of building awareness of their services via word-of-mouth. Uber. If Apple users choose to “Never” share their location, they have to manually enter their pick-up address. When asked about the declining numbers, the director said the female engineers were not good enough (Levin, 2017). Trademarks, Copyrights, and Patents: Why Business Owners Should Care About Intellectual Property. Annex Cloud. Individuals who use the application or Services for transportation or services are not included (e.g. Uber. Uber’s strategy is to use utility patents to protect its intellectual property. 30 July 2020. A self-employed individual does not work for a specific employer who pays them a consistent salary or wage. The purpose of this paper is to provide an in-depth case study of Uber based on legal and ethical principles in relation to Uber’s internal and external affairs. Dissertation Trademarks will not expire as long as they are used in United States Commerce (Rubenstein, 2014). A California woman sued Uber Technologies in July for negligence that led to her being raped. However, a closer look at the technical staff shows only 18 percent of the engineering division identifying as female. Employees are protected from reporting illegal activity, discrimination, harassment, health and safety violations in the workplace, or taking family or vacation leave (Guerin, n.d.). As a copyright owner, you can control how your work is reproduced, distributed, and presented publicly. "German court bans Uber's ride-hailing services in Germany." Even though critics claim that this could result in hiring known criminals, Uber believes that their method is thorough. In its role as a liaison between customers and drivers, the company takes a cut and the platform is among the most successful in the world. 7 Reasons Why Trademarks Are Important to Your Business. At will employees cannot be fired for reasons illegal under the state or federal law. Lyft may have an advantage over Uber because their workforce is only a fraction of Uber’s- 1,600 employees opposed to Uber 16,000 employees. The plaintiff had no memory of how she got back to her room (Lein, 2016). In March of 2017, Uber published its diversity numbers for the first time since its conception in 2009. Uber claimed this permission was needed to provide the “most precise transportation service.” Since “location is at the heart of the Uber experience,” they request riders to provide more information to increase estimated times of arrivals and identifying the best pick-up locations. Accessed April 19, 2020. Uber Drivers have sensors in their smartphones that allows Uber to monitor turns, lane changes, and rolling stops. Uber’s services intrigue millennial, business professionals, children, and the elderly (Brown, 2017). Leadership in this department is dominated by Whites (59 percent) and Asians (34 percent). Uber may disclose information, including personal data, to third parties if: “(a) there is a complaint, dispute or conflict, including an accident, relating to a Driver; (b) it is necessary to enforce the terms of the Driver Agreement; (c) it is required, in Uber’s sole discretion, be applicable law, regulation, ordinance, license, or operating agreement; (d) it is necessary, in Uber’s sole discretion, to protect the safety, rights, property, or security of Uber, the Uber Services, or any third party; to detect, prevent… security or technical issues… to prevent or stop activity in which Uber… considers to be, or pose a risk of being, illegal, unethical, or legally actionable (Uber, 2015).”. No plagiarism, guaranteed! According to the Americans with Disabilities Act (ADA), taxi services must not discriminate against disabled individuals and their vehicles must be wheelchair accessible. "California." Retrieved from https://www.recode.net/2017/3/28/15087184/uber-diversity-numbers-first-three-million, Bhuiyan. Drivers, like McKee, do not trust Uber’s intentions regarding regard to their private data (Shahani, 2017). In an updated statement, Uber says the issues have since been resolved. According to Human Resources, this was the man’s first offense and since he was a top performer for the company, all they did was give him a “stern talking to.” (Levin, 2017). Los Angeles Times. Uber today said it has sold its self-driving car unit, formally known as the Advanced Technologies Group, to Amazon.com Inc.-backed autonomous vehicle … One of the biggest battles Uber has fought since its conception is the classification of its employees. Registered Data Controller No: Z1821391. An earnings withholding order is a court order allowing an organization to garnish wages from one of their members or employees. A. Their services are for anyone who does not own their own vehicle, are unable to drive, or who needs a designated driver. It is important to diversify the workplace because individuals come from different walks of life and have special qualities that can enrich the company’s culture. Verge. "Uber shuts down in Denmark." Merriam-Webster. (2017). The goods must be presented at the right place and at the right time. 22 exempted app-based drivers and companies. Over the past couple of years, one particular company has seen more than their share of scandals. Uber. Uber. 49-55). Regardless of the strategy, three stages must be observed in order for the strategy to be effective (Marketing Techniques, n.d.). Uber caters everyone from millennials to the elderly and in between. Retrieved from https://www.theverge.com/2017/6/1/15725676/lyfts-diversity-report-ethnicity-gender-silicon-valley, Inclusion. This man eventually left the company, but when she tried to transfer to a different team, Fowler was blocked although she met the qualifications. Unfortunately, trade design patents last for 15 years. The overall cost is cheaper than riding by oneself. When consenting to terms such as these, it is important to know and trust the company and respect the leaders and their practices. This may be due to a lawsuit brought against Uber in July that claimed that Uber was negligent to a woman’s rape in 2014 (Kelly, 2016). Changes in laws can also affect how much Uber pays in taxes. Accessed April 18, 2020. Two problems: Uber has made a stink about potential privacy issues before, even when cities have asked for much less precise data, because it … Author. There are several techniques and tools that can develop a marketing plan tailored to the company. This narrow interpretation of this act required employees to present “undeniable, uncontestable or incontrovertible proof” of their claims to qualify for protection. While working as an independent contractor for Uber has its perks, there are downsides. Correction on 3/11/2020: An earlier version of this article misstated that Instacart docks its shoppers' pay for unfulfilled items. The Ringer. (2016). All About the Cheapest Uber Sercive. Murray Goulden This does seem to be working now, but Ogurchak suggests filing for protection for a “more substantive invention” because these patents are less likely to be invalidated or “maintain its intellectual property as a trade secret (Ogurchak, 2016).”, Uber has a design patent to protect its user interfaces. In Montana, after an initial “probationary period”, employees are protected from being fired without a reasonable cause (Guerin, n.d.). Drivers can set their own hours, but according to David McKee, a Driver from Vista, California, in order to make enough money, you would have to work peak hours- morning rush hour or weekend nights (Shahani, 2017). Where taxi drivers have to have a commercial driver’s license and have regular car inspections, Uber and Lyft Drivers only have to meet an age requirement and have a fully functioning car. While Uber attempted to fight these claims because their Drivers are independent contractors, many of these complaints can be linked to Uber’s background check policies. Economic Policy Institute. Uber. Combining these vague policies with multiple sexual harassment complaints, upper management resignations, and breaches in data confidentiality, Uber needs to step up its game in if wants to beat out the competition and succeed in the long run. “Trademark” is another way to refer to a brand. In fact, Fowler had a “perfect performance score.” She was later told that performance was not just about the score, it also factors in things outside work and personal things. Uber is the taxi app that has taken big cities by storm. The next challenge that Uber faces relates to the employer-employee relationship. Since Uber paid attention to cultural nuances and strategically integrated itself into the culture, they were able to cater changing preferences and business environment from city to city. Instead, she woke up the next morning in her bed with a condom wrapper on her nightstand. To date, there are no official OSHA citations for noncompliance, but there is a serious issue that needs to be addressed. Individuals who use UberPool only submit their name and credit card information so users maintain their privacy. Uber Drivers are independent contractors and can set their own hours. We've received widespread press coverage since 2003, Your UKDiss.com purchase is secure and we're rated 4.4/5 on Reviews.io. And he said he thinks Khosrowshahi can still polish Uber… Uber. A freelancer is an individual who earns money on a per-job or per-task basis, usually for short-term work. An initial glance shows Lyft doing better than Uber and the industry norm in terms of gender. In Asia, for example, the ratio of taxis to population are higher than in America. The following are few of the ethical issues which are highlighted: Ethical issues Passenger Safety: According to New York Times, many UBER drivers have been convicted with sexual harassment and sexually assaulting of the passengers. This index looks at domestic partners and transgender benefits, and diversity training (Bhuiyan, 2017). The earliest adjustments occurred in 1935 when the U.S Supreme Court announced that employees could not be terminated as punishment for attempting to organize into unions.Federal statutes included clauses that compensated whistleblowers punished for reporting misconduct to authorities (Halbert, 2015). Rideshare drivers demonstrate against rideshare companies Uber and Lyft during a car caravan protest on August 6, 2020 in Los Angeles. Trademarks make the company stand out from their competitors and increase awareness. Topics such as duty of loyalty, diversity, privacy, worker’s rights, global climate change, and risk management will be discussed. Despite these remedies, Uber still have trouble broadening their diversity because of the multiple scandals facing the company. It is hard to determine how pricing works for UberPool because a complicated algorithm is used. In a traditional agent-principle relationship, if the agent (employee) causes harm or injury because of his negligence while performing his duty, the principle (employer) is liable. Besides the Fowler sexual harassment case, many top executives either resigned or quit in response to these scandals. Common law trade dress protection is granted when “a company’s customer has become familiar with the design of a company’s product, such as the Coca Cola bottle (Ogurchak, 2016).”. Retrieved from http://www.lxbn.com/2014/06/04/top-legal-problems-facing-uber-lyft-ridesharing-services/, Guerin, L. (n.d.). Lyft, Uber’s strongest competitor, published their diversity numbers June 2017. United States Census Bureau. After talking to more female engineers in the company, Fowler found out that some of the ladies had reported inappropriate interactions with the same manager before she worked at Uber. According to Uber’s policy, violations result in disciplinary action, including termination and legal action (Bhuiyan, 2014). Anna Gallegos, a writer for The Lexblog Network, wrote an article titled The Four Biggest Legal Problems Facing Uber, Lyft and Other Ridesharing Services. When the ride is over, Uber has a 24/7 support team ready to respond to questions about the ride and to help retrieve lost items (Trip Safety, 2017). Contrary to the average belief, millennials are interested in owning or leasing their own vehicles. After filing several more reports to Human Resources about discrimination, Fowler was told that she was on thin ice and that one more complaint would cause her termination. Since the number of hours a Driver can work are not limited, the possibility of accidents and injury is increased (Shahani, 2017). (2017). (2014). Accessed April 18, 2020. Uber. Recode. California Legislative Information. Uber’s Target Market. This information is retrieved by Uber’s service providers, for marketing, analytics, industry, market research, and by Uber for any legitimate business needs (Uber, 2015). ... this wildly popular car-sharing service had raised several disturbing ethical issues: 1. Only time will tell, but I think it is important for Uber to try to resolve their ethical issues before they become a bigger problem. Accessed April 18, 2020. Uber has a lax policy on how many hours a Driver can work, but it tightens the reigns on monitoring the Driver’s performance. While this is what they officially say, they reward Drivers for doing the opposite. Uber: An Unethical Company. Some of these organizations include Historically Black Colleges and Universities and Hispanic Serving Institutions. 2016 was a rough for Uber, but there are positives. This can lead to expansion into other industries or new acquisitions. According to the Merriam-Webster’s dictionary, a stereotype is derived from a French word that means “standardized mental picture that is held in common by members of a group and that represents an oversimplified opinion, prejudiced attitude, or uncritical judgment (Stereotype, 1828).” It is important to avoid stereotyping when forming a workforce because basing qualification of doing a good job on physical or societal partiality can hold the company liable for discrimination. This detailed report prompted Uber’s CEO, Travis Kalanick, to announce an urgent investigation. This claim prompted UC Berkeley to research the environmental impact of Uber and its competitor, Lyft. - The drivers, organized by … Since Uber’s biggest competitor, Ola, had home field advantage in India’s ride share market, Uber had to come up with a creative strategy to gain market share. NPR notes that the respondents to their survey, over 10 percent said they were unaware of this, and half of the respondents said they want them to stop. (2015). A possible explanation is that Uber believed that since they had deactivated Drivers who were charged with criminal acts and assisted police investigations, they absolved these grievances. The Merriam-Webster dictionary defines inclusion as “a relation between two classes that exists when all members of the first are also members of the second (Inclusion, 1828).” Uber’s official diversity page encourages Black and Asian diversity, women’s inclusion, Hispanic and Latinos, veterans, support the LGBT community, and celebrates Jewish heritage and faith. The 27-year-old claimed that after a night out, she took an Uber to her boyfriend’s house but she never made it. Retrieved from http://www.nolo.com/legal-encyclopedia/employment-at-will-definition-30022.html. Company Registration No: 4964706. Its external problems cannot wait forever, and those are not just the lawsuits and PR scandals. When Fowler first joined, her organization was 25% female; by the time she tried to transfer to another team, the female demographic had dropped to 6%. Overall, 63 percent of the staff is white, Asians make up 19 percent, with Latinas and Blacks trailing behind with 7 percent and 6 percent. Trademarks also appreciate over time, making it a valuable asset as the business’s reputation grows. Otherwise, customers will not want or need it. Marmind. Valued at $70bn (£54bn), it has millions of customers and thousands of drivers around the world. While some Uber drivers are professional drivers, others are average people driving others around for a fee. Copyright © 2003 - 2021 - All Answers Ltd is a company registered in England and Wales. While this is a mild inconvenience for Apple users, Android users are not even given this option. With a history like this, no wonder customers are hesitant about trusting Uber to honor the “five-minute” agreement that comes with this new update. The offers that appear in this table are from partnerships from which Investopedia receives compensation. The UCLA Rape Treatment Center was able to link Walter Alberto Ponce to the assault. They are independent contractors. “God View”: Uber Investigates Its Top New Your Executive for Privacy Violations. The use of God View was not monitored and since the application was authorized for “legitimate” business purposes, a strong foundation for misuse was established. But according to George Green, writer for Insurance Coverage Corner, insurance coverage depends on who is liable- the company or the Driver. Technology and Operations Management. Break for Bathroom Breaks. "Uber announces pricing of initial public offering." We also reference original research from other reputable publishers where appropriate. "AB-5 … Uber’s biggest problems are internal, but it does not have long to set those issues straight. In an effort to offer more environmentally friendly services, Uber introduced UberPool, an option that allows riders to share an Uber car with others who are going to a similar destination. There will be a section of an opinionated conclusion at the end of the paper. Entrepreneur. Purchasing decisions and brand reputation are influenced by trademarks. Nearly 7% of management roles – 51 out of 755 – at Lyft are held by Hispanics or Latinos, compared with 5.5% at Uber. Investopedia requires writers to use primary sources to support their work. According to Heather Kelly, a writer for CNN, in May a judge ruled that Uber could be held responsible for their Drivers behavior even though there are independent contractors. The plaintiff’s attorney, Castillo III, said, “Right now, their background check largely consists of an online application with no fingerprinting and no in-person interview. Customers share their ride with strangers and split the cost. In her article, 7 Reasons Why Trademarks Are Important to Your Business, Abigail Rubinstein explains why trademarks are an important asset that can grow your business (Rubinstein, 2014). M. (2016). Industry partnerships were formed to enhance Uber’s presence and grow its user base (Ramsenthaler, 2016). In the past year, Uber only hired 3 percent more Black employees and 2 percent more Hispanic employees. these rules are put in place to protect employee’s rights, however, reformation was needed to better protect their rights. This lowers the price of the ride for the customer and limits the number of trips Drivers have to make. Accessed April 16, 2020. As the technology company expands and is met with governmental opposition and protest, it will find it harder to get drivers to compete against established taxi companies. The Faceless Boss: A Look Into the Uber Driver Workplace. Disclaimer: This work has been submitted by a student. Drivers are also awarded for accepting 90 percent of requests and completing as many drives as possible. The second stage involves developing is the marketing mix. As a result, a group called, Electronic Privacy Information Center, filed a complaint with the Federal Trade Commission saying that this was “unlawful and deceptive.” Uber argued that since this information was voluntarily given, they were operating within the law (Hawkins, 2015). Reuters. These improvements are targeted at markets where reverse geocoding is inaccurate. Prop 22 defines app-based transportation and delivery drivers as “independent contractors” and also adopts certain labor and wage policies that apply to drivers and companies. We had also instituted a 24/7 support line so that any employee can feel safe reporting unprofessional behavior (Uber, 2017).”, On February 19, 2017, Sam Levin wrote an article outlining sexual harassment claims made by Susan Fowler. Uber. This paper aims to engage with the social issues emerging from the increasing reliance upon app-driven services, as they pertain to precarious labor and ethical standpoints in a digital era. "LA: The New UberEATS App is Arriving Now." Uber’s Never Ending Stream of Lawsuits. The company wrote in a blog post they were conducting interview training to simplify the hiring process, include more women in tech, and educate employees on “why diversity and inclusion matters”, “how to be an ally”, and “building inclusive teams” (Bhuiyan, 2017). (1828). A. The Road Ahead. A peer-to-peer economy is a decentralized model whereby two parties interact to buy or sell directly with each other, without an intermediary third-party. All work is written to order. Trademarks communicate “intellectual and emotional attributes about… your company, and your company’s reputation, products, and services. Retrieved from https://theringer.com/brake-for-bathroom-breaks-f65cf6d68aad, Ogurchak. AB2267 modified them and Prop. Whistleblowing: Conflict of Loyalties. As Uber entered unique regional markets around the world – from New York to Shanghai, it has adapted its business model to comply with regulations and compete locally. It is important not to confuse copyrights with trademarks. Retrieved from https://rctom.hbs.org/submission/uber-climate-change-hero-or-villain/, Fisher. Published Tuesday, December 8, 2020 Uber is to sell its autonomous driving unit to start-up Aurora, in a deal designed to accelerate the firm’s attempts to become profitable. In the third phase, Uber took advantage of India’s rich festival traditions by offering free and discounted rides for special holidays. UBER has been subjected to many law suits and ethical issues. 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