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Law and Politics in Employee Classification

Published April 30th, 2019 -

As has been widely reported, the U.S. Department of Labor issued an “opinion letter” yesterday concluding that an unnamed “virtual marketplace company” does not employ the workers who make the company viable. Instead, the letter finds t... More »

April 12th, 2019

News & Commentary—April 12, 2019

Published April 12th, 2019 -

Uber acknowledged Thursday in a filing for its initial public offering that classifying its drivers as employees, rather than independent contractors, would require a fundamental shift in the ride-hailing app’s business model.  Uber currently classifies its dr... More »

March 28th, 2019

Today’s News & Commentary — March 28, 2019

Published March 28th, 2019 -

This week the National Employment Law Project released a report detailing how gig companies like Uber and Handy have led a state-by-state lobbying effort with corporate partners to strip gig workers of the legal protections afforded to employees.  The report e... More »

March 22nd, 2019

Today’s News & Commentary — March 22, 2019

Published March 22nd, 2019 -

President Trump erroneously blamed the United Auto Workers union for the closure of the Lordstown GM factory in Ohio, stating in a speech that “[t]hey could’ve kept that gorgeous plant . . . Lower your dues. Lower your dues.”  The plant’s closure—which was a d... More »

March 5th, 2019

Today’s News & Commentary — March 5, 2019

Published March 5th, 2019 -

A federal judge in Washington, D.C. ruled Monday that the Trump administration illegally prevented the U.S. Equal Employment Opportunity Commission from collecting more robust pay data from employers.  U.S. District Judge Tanya Chutkan found that the Office of... More »

January 27th, 2019

Weekend News & Commentary — January 26–27, 2019

Published January 27th, 2019 -

The government shutdown ended Friday afternoon after 35 days.  Many political players and commentators are attributing Trump’s “caving” on the border wall to Nancy Pelosi’s prowess at controlling the struggle between the parties, or to rising public resentment... More »

December 20th, 2018

Today’s News & Commentary — December 20, 2018

Published December 20th, 2018 -

As the NLRB continues its comment period for a proposed rule to codify a more restrictive standard for joint employer status, NLRB General Counsel Peter Robb has voiced his view that the rule does not go far enough in insulating lead employers from labor law l... More »

August 19th, 2018

Weekend News & Commentary — August 18–19, 2018

Published August 19th, 2018 -

In today’s Sunday Review for The New York Times, economic historian Louis Hyman argues that new technology companies like Uber and TaskRabbit did not create the gig economy but only took advantage of a decades-long shift to temporary work arrangements.  He ana... More »

July 25th, 2018

Today’s News & Commentary — July 25, 2018

Published July 25th, 2018 -

Today, Bloomberg reported that for the first time in Google’s twenty-year history, the number of people working for the company who aren’t classified as Google employees exceeded the number who are. Google’s Alphabet Inc. employs thousands of contract wo... More »