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Gig Economy Workers, App-Based Companies, and the Law

May 7, 2020
by
Bloomberg Law
YouTube video player
Gig Economy Workers, App-Based Companies, and the Law

TL;DR

The gig economy, with over 57 million US workers, is facing a classification battle over whether they should be considered employees or independent contractors.

Transcript

an estimated 57 million US workers participate in the gig economy and over 1.5 million of these free agents pick up their assignments through the internet while these workers enjoy the flexibility of being their own bosses a fight is brewing over how to classify them the gig economy is a term that emerged with app based companies like uber and lyft... Read More

Key Insights

  • 😀 The gig economy has significantly expanded due to app-based companies connecting workers and customers.
  • 🧑‍⚕️ The classification of gig economy workers as employees or independent contractors has significant implications for benefits and worker rights.
  • 😀 Laws, such as California's AB 5, aim to reclassify gig economy workers as employees but face opposition from companies and legal challenges.
  • 🧑‍⚕️ There is a need for a new worker classification that accounts for the evolving technology and ways of finding work in the gig economy.
  • 🧑‍⚕️ Gig economy companies depend on gig workers to turn a profit and support portable benefits that can stay with the worker across different apps.

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Questions & Answers

Q: How is the gig economy defined?

The gig economy refers to app-based companies that connect customers to independent contractors for various services, such as ridesharing, freelancing, and task completion.

Q: What are the benefits of being an independent contractor in the gig economy?

Independent contractors in the gig economy enjoy flexibility in setting their own hours, choosing clients, and taking on different jobs. They have more control over their work and can often work on their terms.

Q: What are the disadvantages of being an independent contractor in the gig economy?

Independent contractors don't receive traditional employee benefits like a salary, overtime pay, healthcare, or the right to form a union. They also lack job security and may not have access to social safety net programs.

Q: How are state and local governments addressing worker classification in the gig economy?

States are passing laws and implementing tests to determine if gig economy workers should be classified as employees or independent contractors. California's Assembly Bill 5, for example, sets criteria that businesses must follow to label workers as contractors, leading to the reclassification of rideshare drivers as employees.

Q: How are gig economy companies responding to worker classification laws?

Gig economy companies like Uber and Lyft have fought against reclassification by petitioning and funding campaigns to overturn laws like California's AB 5. They argue that independent contractor status allows for flexibility and cost-efficiency.

Summary & Key Takeaways

  • The gig economy is a term that emerged with app-based companies like Uber and Lyft, connecting customers to workers for various services.

  • The rise of apps and websites like Mechanical Turk, Airbnb, and TaskRabbit has transformed the gig economy.

  • The classification of workers in the gig economy as employees or independent contractors is a contentious issue.


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