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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November 28
Lawsuit against EEOC for failure to investigate disparate-impact claims dismissed; DHS to end TPS for Haiti; Appeal of Cemex decision in Ninth Circuit may soon resume
November 27
Amazon wins preliminary injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]
November 25
In today’s news and commentary, OSHA fines Taylor Foods, Santa Fe raises their living wage, and a date is set for a Senate committee to consider Trump’s NLRB nominee. OSHA has issued an approximately $1.1 million dollar fine to Taylor Farms New Jersey, a subsidiary of Taylor Fresh Foods, after identifying repeated and serious safety […]
November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.