March 6th 2021
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It has been a busy month for the NLRB. In a 3-1 party-line decision on Thursday, the board upheld an agency judge’s ruling that misclassifying workers as independent contractors does not violate federal labor law. The ruling rested on the conclusion that...
The challenge of automation is in many ways continuous with the challenges of “fissured” work – to use David Weil’s influential formulation. In particular, both trends are driven in significant part by the costs and risks of employing human beings. According to investment banker Steven Berkenfeld, CEOs these days ask, “’Can I automate it? If not, can I outsource it? If not, can I give it to an independent contractor?’ Hiring an employee is the last resort.”