Jon Weinberg is a student at Harvard Law School.
The Wall Street Journal reports that gig economy firm Instacart will convert some of its 7,000 workers presently categorized as independent contractors to part-time employees. According to the Journal, “the move applies exclusively to workers who are embedded in grocery stores preparing orders for drivers who make deliveries. Drivers and workers who both shop and drive will not be eligible, the company said.” More details follow:
Instacart said it has about 7,000 contractors who work exclusively in stores. The part-time employment program will apply only to workers in Boston and Chicago, after a trial in the former, with other cities to come later.
But the program will be limited in other ways too. It won’t help cover health insurance and will not accommodate full-time employment. And because Instacart will not offer part-time status to drivers, it will avoid costs such as vehicle insurance, depreciation and fuel.
A spokeswoman for Instacart declined to specify the pay for part-time employees. The company currently pays workers based on a formula that factors in how many deliveries they fulfill and hours they work.
In a statement, Instacart founder and CEO Apoorva Mehta suggested part-time employees are superior “shoppers” to contracted ones, presumably because they have stronger ties to the company.
According to The Boston Globe, Instacart is one of the gig economy firms defending a lawsuit over the categorization of workers as independent contractors, but the company claims the move is unrelated to that litigation. Instead, Instacart says the change comes after a trial found the company’s workers in Boston did their jobs better after being given employee status. The Chicago Tribune further notes that “the company plans to train shoppers with its own curriculum and incorporate training details from the stores it shops from” and that “the change will increase Instacart’s short-term costs but should help improve its long-term results.”
The change in classification at Instacart comes a week after the California Labor Commission ruled that an Uber driver was an employee and not an independent contractor. The national debate over the status of gig economy workers has also lead some to argue for the creation of a new category of “dependent contractors,” which Professor Sachs discussed in a post yesterday.
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March 16
Starbucks' union negotiations are resurrected; jobs data is released.
March 15
A U.S. District Court issues a preliminary injunction against the Department of Veterans Affairs for terminating its collective bargaining agreement, and SEIU files a lawsuit against DHS for effectively terminating immigrant workers at Boston Logan International Airport.
March 13
Republican Senators urge changes on OSHA heat standard; OpenAI and building trades announce partnership on data center construction; forced labor investigations could lead to new tariffs
March 12
EPA terminates contract with second-largest union; Florida advances bill restricting public sector unions; Trump administration seeks Supreme Court assistance in TPS termination.
March 11
The partial government shutdown results in TSA agents losing their first full paycheck; the Fifth Circuit upholds the certification of a class of former United Airline workers who were placed on unpaid leave for declining to receive the COVID-19 vaccine for religious reasons during the pandemic; and an academic group files a lawsuit against the State Department over a policy that revokes and denies visas to noncitizens for their work in fact-checking and content moderation.
March 10
Court rules Kari Lake unlawfully led USAGM, voiding mass layoffs; Florida Senate passes bill tightening union recertification rules; Fifth Circuit revives whistleblower suit against Lockheed Martin.