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The terms of service for reddit are based on California law. Based on liberal Laws of California, I would venture to guess that there is some grounds for back pay. I was wondering about this with all the discussion around volunteer moderators.
Similar to Uber drivers, the test for independent contractors is pretty difficult to meet in California nowadays. So I believe there is a solid case (cough class action cough). Fuck reddit. They deserve all the backlash and a mod class action for backpay would be legendary.
I don't understand how mods could argue they deserve backpay. They are volunteers, are we saying that all volunteers can sue for backpay?
It's more about the principle. He's saying that they can't provide reddit for free, they're not a charity. But with the same logic, should mods work for free, since they're also not a charity?
they don't have a contract, they're screwed.
California has many of laws on the books which grandfather workers under various statutes of de facto employment. Even contracts can be voided. No contract is necessary for an employment relationship to exist.
and reddit has it in their TOS that no one who is a mod is an employee of reddit.
That's a point in favor of reddit, but a small one. As my company's labor lawyer enjoys saying, "You can't contract around the law." Meaning, an agreement can be nullified by a court that finds the agreement is in violation of a law.
Right, but you also can't create a work agreement where one was explicitly denied. It's like mowing your neighbors lawn then asking them to pay you, but they told you they wouldn't pay you if you did it before you started. It's the same with the 3rd party app devs too. While I think reddits actions are insane and detrimental to the health of the site, they are fully in their right to deny those devs access to their API and their site as a whole.
You sorta can. The difference in your scenario is that your neighbor doesn't need you to mow their lawn, but Reddit requires moderators in order for the business of Reddit to function.
Here is a guide published by the state of California about whether someone should qualify as an employee of a company. Read through the first couple pages of checklists and ask yourself if a moderator fits the criteria they're looking for.
For the first 3 questions, a "Yes" answer is an indictator that the person is an employee.
For the next 3 questions, a "No" answer indicates that the person is an employee and not an independent contractor.
It's not cut-and-dry, and I think that's what might make this difficult to take to court, but the argument certainly exists and the case could at least result in better terms for how Reddit must work with their moderators.
no they dont. they literally have a system to democratically promote or suppress posts.