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Gig Economy

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Ninth Circuit Puts the Brakes on Uber Unionization

Published May 23rd, 2018 -

On May 11, the Ninth Circuit dealt a blow to a Seattle city ordinance permitting Lyft and Uber drivers to unionize. However, the court’s ruling was not entirely unfavorable for “gig economy” workers. Lyft and Uber, along with other affected groups, challenged ... More »

Uber, Flexibility and Employee Status

Published May 18th, 2018 -

Professor Estlund argues that if gig firms have to classify their workers as employees (as I believe the law now requires, and as the Dynamex decision makes more likely), those firms will respond by “exercising greater control over hours and scheduling, ... More »

Why Flexibility is Not Just a Trope

Published May 17th, 2018 -

The so-called “flexibility trope” that Professor Sachs identifies and dismantles in his recent post is, I fear, a bit of a red herring.  When Uber or other gig economy firms argue that workers will lose flexibility if they are classified as employees, I do not... More »

Enough with the Flexibility Trope

Published May 15th, 2018 -

Today’s Philadelphia Inquirer reports on the death of Pablo Avendano, a 34-year old bike messenger who was killed while delivering food for Caviar, the app-based food delivery service. Because Avendano was classified as an independent contractor and not ... More »

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Labor Organizing in Drag: You Better Work Together

Published May 10th, 2018 -

Over twenty-five years after the hit single “Supermodel (You Better Work)” launched RuPaul’s career, the drag queen and pop icon has found a second career as the host, lead judge, and executive producer of the VH1 reality show RuPaul’s Drag Race. Since the ser... More »

Looks like the gig is up for Uber in California

Published May 1st, 2018 -

We’ll have more complete analysis in the days ahead, but, as Ross reports, the California Supreme Court has issued a decision with major implications for Uber, the gig economy, and the question of worker classification more broadly. In Dynamex Operations... More »

Can We Fix Gig Workers’ Taxes?

Published March 27th, 2018 -

Last year’s Tax Cuts and Jobs Act gave some gig workers — usually classified as independent contractors — a tax cut.  But the most vexing tax challenges facing these workers are not high rates but convoluted rules and tremendous compliance obstacles that leave... More »

Daily News & Commentary — March 1, 2018

Published March 1st, 2018 -

The New York Times opinion section has offered two somewhat conflicting views on wage growth in the last two days. The first argues that corporate America has been suppressing wages for many workers through noncompete clauses and no-poaching agreements and is ... More »

Today’s News & Commentary — February 15, 2018

Published February 15th, 2018 -

In Lawson v. GrubHub Inc., No. 15-cv-05128, the Northern District of California ruled that a driver for Grubhub a meal delivery service, was an independent contractor, not an employee. The Court’s used California Supreme Court’s multi-factor test as stat... More »