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Tag:classification

Labor’s Antitrust Immunity for Independent-Contractor Workers

Mar 25, 2025 Samuel Estreicher and Jack Samuel

The emergence of gig work is putting pressure on traditional notions of who is an employee and who is the employer. Workers classified as independent contractors rather than employees can lose state and federal protections for wages, overtime, whistleblowing, discriminatory firing, and more. They also lose federal labor law protections for group protest activity, union […]

9th Circuit Revives Constitutional Challenge to Employee Classification Law

Mar 20, 2023 Michelle Berger

Federal court breathes new life into Uber’s challenge to California‘s worker-classification law.

October 12, 2022
News & Commentary

Sarah Leadem

DOL proposes new employee-classification rule; the President of the Los Angeles Labor Federation resigns; Amazon workers begin their union vote in Schodack, NY

February 28, 2022
News & Commentary

Fred Wang

Employers are divided on company-level vaccination policy, according to a New York Times survey published last week. Although the vast majority of large corporations plan to require vaccinations for at least some workers, there remains meaningful variation in terms of what these vaccine requirements will look like. Some employers will allow regular testing as an […]

February 11, 2022
News & Commentary

Tascha Shahriari-Parsa

Yesterday, the Senate passed H.R. 4445, a landmark, bipartisan “#MeToo” bill that bans forced arbitration agreements for workplace sexual harassment or assault claims, giving workers the choice to take their claims to court instead of being forced to have their cases adjudicated behind closed doors in arbitration proceedings. Specifically, the bill amends the Federal Arbitration […]

Razak v. Uber: The Third Circuit Addresses Driver Classification

Mar 4, 2020 Alisha Jarwala

On March 3, the Third Circuit vacated and remanded a district court ruling that UberBlack drivers are independent contractors and not employees. The unanimous opinion points to disputed factual issues that are key to determining worker classification and highlights areas where a reasonable juror could side with drivers. This is the first court of appeals […]

May 5, 2017
News & Commentary

Jon Weinberg

Congress may be open to revisiting the classification of gig economy workers as employees or independent contractors under the Fair Labor Standards Act. Per Bloomberg BNA, “the head of the House workforce committee May 3 told an audience of innovators that she would be open to updating the Great Depression-era Fair Labor Standards Act to better […]

Are Lyft and Pepsi Playing the Same Game?

Apr 27, 2017 Leora Smith

Recently, following swift and widespread backlash, Pepsi pulled an advertisement that was accused of co-opting imagery from Black Lives Matter protests and other social movements. The advertisement’s storyline centered on model Kendall Jenner abandoning a photo shoot to join a parade of ethnically diverse models carrying ambiguous posters painted with peace signs, love written backward […]

OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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Labor’s Antitrust Immunity for Independent-Contractor Workers

9th Circuit Revives Constitutional Challenge to Employee Classification Law

October 12, 2022

February 28, 2022

February 11, 2022

Razak v. Uber: The Third Circuit Addresses Driver Classification

May 5, 2017

Are Lyft and Pepsi Playing the Same Game?