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16 posts

Enough with the Flexibility Trope

Published May 15th, 2018 -

Today’s Philadelphia Inquirer reports on the death of Pablo Avendano, a 34-year old bike messenger who was killed while delivering food for Caviar, the app-based food delivery service. Because Avendano was classified as an independent contractor and not ... 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 »

New Prime Inc. v. Oliveira

Published April 26th, 2018 -

At the end of February, the Supreme Court granted cert. in New Prime, Inc. v. Oliveira.  In so doing, the Court added to the list of cases that examine how and to what extent the Federal Arbitration Act (FAA) applies in the employment context (see our coverage... 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 »

Gig News: Q Services is Profitable

Published October 27th, 2017 -

Some gig economy startups are eschewing the route Uber and Lyft have taken and are, instead, classifying their workers as employees, not independent contractors. What I’ve referred to in the past as the “poster child” of this strategy is Managed by Q, which be... More »

Today’s News & Commentary — October 2, 2017

Published October 2nd, 2017 -

As the Supreme Court prepares to hear the consolidated cases of Murphy Oil USA, Epic Systems, and Ernst and Young today, David Freeman Engstrom penned an op-ed in the New York Times arguing for workplace class actions.  He noted that as union membership and re... More »

Daily News & Commentary — August 28, 2017

Published August 28th, 2017 -

The New York Times opinion page profiles unemployment “in black and white,” examining the factors driving the phenomenon in which the overall unemployment rate for black Americans (7.4%) is almost twice the overall unemployment rate for white Ameri... More »

The Un-Newness of Uber’s Arguments

Published July 12th, 2017 -

I thought readers would appreciate the opening paragraph of a new article on regulating ridesharing platforms: In 1933, Elizabeth Rhone called Try Me Cab Company’s advertised phone number to order a cab. The company dispatched a vehicle bearing its logo. Unfor... More »