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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September 15
Documents reveal the inner workings of Amazon's union avoidance program; Washington state public sector unions reach tentative deals amid a difficult bargaining cycle; hundreds of Nevada Culinary Union members protest their union's health care changes.
September 14
NCAA and Big Ten file motion to dismiss in former star player's NIL suit; Seventh Circuit rules against former postal worker in discrimination suit.
September 13
Documents released on the 25th anniversary of the 9/11 attacks show that city officials encouraged workers to return to Ground Zero despite knowing the risks of asbestos exposure, and new polls demonstrate continued widespread support for labor unions.
September 10
Amazon workers allege pregnancy discrimination; federal unions challenge USDA reorganization; NYC warns of silicosis risks.
September 9
Wynn Las Vegas employees allege anti-union retaliation; Amazon faces a class action over pregnancy accommodations; H-1B demand plunges following a six-figure visa fee.
September 8
In today’s News and Commentary, workers and unions across America celebrate Labor Day, California’s SEIU Local 1000 prepares for a strike authorization vote, and New York City creates the Office of Worker Power. On Monday, labor unions and workers gathered in cities across the United States in celebration of Labor Day. Parades and rallies took […]