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 »
The Competitive Enterprise Institute has weighed in on our debate over flexibility in the gig economy with a new piece by Trey Kovacs. Their bottom line: they agree with my analysis of the law but object to the “burdens” (what I’d call minimu... More »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
The National Employment Law Project and the Partnership for Working Families are out today with a new report, “Uber State Interference: How Transportation Network Companies Buy, Bully, and Bamboozle Their Way To Deregulation”. The report provides a comprehens... More »
s most readers of this blog know, the Ninth Circuit will soon be deciding Seattle’s authorization to implement its recently enacted ordinance, which permits collective bargaining among drivers in their bargains with Uber and similar firms. In March of last yea... More »