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38 posts

Uber, Flexibility and Employee Status

Published May 18th, 2018 -

Professor Estlund argues that if gig firms have to classify their workers as employees (as I believe the law now requires, and as the Dynamex decision makes more likely), those firms will respond by “exercising greater control over hours and scheduling, ... More »

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Labor Organizing in Drag: You Better Work Together

Published May 10th, 2018 -

Over twenty-five years after the hit single “Supermodel (You Better Work)” launched RuPaul’s career, the drag queen and pop icon has found a second career as the host, lead judge, and executive producer of the VH1 reality show RuPaul’s Drag Race. Since the ser... More »

Looks like the gig is up for Uber in California

Published May 1st, 2018 -

We’ll have more complete analysis in the days ahead, but, as Ross reports, the California Supreme Court has issued a decision with major implications for Uber, the gig economy, and the question of worker classification more broadly. In Dynamex Operations... More »

Today’s News & Commentary — April 6, 2018

Published April 6th, 2018 -

Over the last few weeks, Walmart announced plans to lean more heavily on automation and the gig economy, reports The Atlantic. The piece discusses two ways by which employers, like Walmart, keep wages down. First, by creating platforms for gig workers that all... More »

Can We Fix Gig Workers’ Taxes?

Published March 27th, 2018 -

Last year’s Tax Cuts and Jobs Act gave some gig workers — usually classified as independent contractors — a tax cut.  But the most vexing tax challenges facing these workers are not high rates but convoluted rules and tremendous compliance obstacles that leave... More »

Today’s News & Commentary — February 23, 2018

Published February 23rd, 2018 -

In advance of Monday’s oral argument in Janus, Bloomberg and the New York Times consider what might become of public sector unions if Abood is overruled. In These Times has a long feature on the advocacy groups who are funding not only Janus but also oth... More »

Today’s News & Commentary — February 15, 2018

Published February 15th, 2018 -

In Lawson v. GrubHub Inc., No. 15-cv-05128, the Northern District of California ruled that a driver for Grubhub a meal delivery service, was an independent contractor, not an employee. The Court’s used California Supreme Court’s multi-factor test as stat... More »

Today’s News & Commentary — February 9, 2018

Published February 9th, 2018 -

In the first gig economy worker classification case to go to trial, a federal magistrate judge ruled yesterday that a GrubHub worker was an independent contractor under California law.  The decision could have ramifications in suits against other gig companies... More »

Today’s News & Commentary – February 7, 2018

Published February 7th, 2018 -

The Boston Globe reports that a group of 500 airport workers at Logan Airport are preparing to strike this afternoon.  Employed by ReadyJet and Flight Services & Systems, these baggage handlers, wheelchair attendants, cabin cleaners, and skycaps, have auth... More »

Today’s News & Commentary — January 19, 2018

Published January 19th, 2018 -

NLRB General Counsel Peter Robb may be seeking to reorganize the NLRB’s field offices, Bloomberg reported yesterday.  His proposal involves consolidating regional offices and placing at the top of each an official who would report directly to him.  This ... More »

Today’s News & Commentary — January 2, 2018

Published January 2nd, 2018 -

The new tax plan went into effect yesterday and will allow many pass-through companies to deduct up to 20% of their business income.  The Boston Globe predicts that the change will lead gig workers to form LLCs in order to avail themselves of the deduction.  T... More »