independent contractor

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description: natural person, business, or corporation that provides goods or services to another entity under a contract or verbal agreement.

262 results

Mood Machine: The Rise of Spotify and the Costs of the Perfect Playlist

by Liz Pelly  · 7 Jan 2025  · 293pp  · 104,461 words

of musicians organizing to win.6 This is all despite the fact that UMAW and MWA are not actually unions: because independent artists are technically independent contractors, U.S. labor laws currently prohibit them from unionizing, instead making it so that musicians coordinating boycotts can be deemed illegal cartels. As of this

Life After Cars: Freeing Ourselves From the Tyranny of the Automobile

by Sarah Goodyear, Doug Gordon and Aaron Naparstek  · 21 Oct 2025  · 330pp  · 85,349 words

where people lived, but traffic sewers. The DOT deflected the criticism, saying only that the message boards did not belong to the department but to independent contractors, who were immediately dispatched to reprogram the signs to their original traffic-related messages. Nevertheless, the mysterious hacker—who, in homage to the anonymous British

The Age of Extraction: How Tech Platforms Conquered the Economy and Threaten Our Future Prosperity

by Tim Wu  · 4 Nov 2025  · 246pp  · 65,143 words

the power of any business or frankly any institution. There is no company without its workers, whether they are full-time salaried, part-time, or independent contractors. Yet an individual worker, especially one desperate for a job, is entirely outmatched against a large employer. That first became evident during the Industrial Revolution

Money in the Metaverse: Digital Assets, Online Identities, Spatial Computing and Why Virtual Worlds Mean Real Business

by David G. W. Birch and Victoria Richardson  · 28 Apr 2024  · 249pp  · 74,201 words

have people or organizations who need to receive payments, there will be a need for digital wallets. This is particularly the case in industries with independent contractors who need to get paid quickly. Insurance, healthcare, assisted living and every form of media and entertainment industry are already using digital wallets to improve

Hustle and Gig: Struggling and Surviving in the Sharing Economy

by Alexandrea J. Ravenelle  · 12 Mar 2019  · 349pp  · 98,309 words

. Identifiers: LCCN 2018033918 (print) | LCCN 2018038179 (ebook) | ISBN 9780520971899 (ebook) | ISBN 9780520300552 (cloth : alk. paper) | ISBN 9780520300569 (pbk. : alk. paper) Subjects: LCSH: Precarious employment. | Independent contractors. | Employee rights. | Flexible work arrangements—United States. | Labor—United States. | Labor market—United States. Classification: LCC HD5857 (ebook) | LCC HD5857 .R38 2019 (print) | DDC 331

avoid social responsibilities, including workers’ compensation, overtime, and disability accommodations.33 A 2015 Occupational Safety and Health Administration report suggests that temporary workers and independent contractors also receive less training and are more likely to be injured on the job as a result. Although researchers have addressed how classification as an

brought by workers of Uber, Lyft, and Handy argue that the restrictions on, and requirements for, workers mean they should be considered employees—not independent contractors. Other suits, such as one against CrowdFlower.com (renamed Figure Eight in 2018), a start-up that breaks digital jobs into tiny tasks performed

in the midst of the service pivot and multiple other changes. In September 2015, the service announced that on-demand workers would switch from being independent contractors (1099 workers) to being employees. Workers, who had previously been paid sixty dollars for a shift of up to four hours, had their pay

even though the right to organize and form a union was established in the 1935 National Labor Relations Act, most sharing economy workers are considered independent contractors and outside the coverage of the act. As a result, as of this writing, only drivers in Seattle have been granted the right to

having changed the world of work for the better. Yet, for all of these improvements, just eighty years later, sharing economy workers—classified as independent contractors—find themselves without any of these protections. And yet, this is only the start of the workplace troubles that gig economy workers often experience. Like

s pain is similar to what Ehrenreich wrote about, but whereas Ehrenreich’s colleagues were hourly employees, covered by workers’ compensation policies, Emma is an independent contractor. She is not eligible for workers’ compensation, paid sick leave, or health insurance. If she is injured on the job, she has no recourse.

disability accommodations, family leave protections, protection from discrimination, or the right to form unions. The majority of sharing economy services consider their workers to be independent contractors, or 1099 workers, named for the end-of-year tax document they receive that details their income. In addition to freeing companies from the obligation

insurance funds or to make an employer’s contribution to Social Security and Medicare (7.65 percent of the employee’s salary), classifying workers as independent contractors allows companies to create a two-tier system in terms of benefits without facing complaints of discrimination. Full-time workers can get 401k contributions,

. It’s no wonder that in 2011, the American Bar Association noted that a federal study estimated 3.4 million employees were classified as independent contractors when they should be reported as employees; a 2009 study by the Treasury Department’s inspector general estimated that misclassification costs the United States fifty

do with your spine. So I’m hoping this combination of physical therapy and acupressure will allow me to not have to do that.” As independent contractors, Kitchensurfing workers are not covered by workers’ compensation. They also don’t qualify for employer-sponsored disability compensation. “We’re just the hired help

any such injuries to themselves or their property. But it doesn’t have to be that way. Not all sharing economy companies embrace the independent contractor model. Some start-ups have made an active decision to pay workers as employees, with all of the protections that entails—and without destroying

employees strengthened the company and its reputation by improving customer satisfaction, leading to reduced customer-acquisition costs. MyClean’s CEO, Michael Scharf, explained, “We see [independent contractors] as a legal risk. We also want, for lack of a better word, control—the ability to manage, dispatch, train, have processes in place

or engage in money laundering. But the structuring of gig-based employment leaves workers in a precarious situation. By deeming gig economy workers to be independent contractors, companies deny them many of the protections often associated with employees. Since their work is temporary and their numbers are many, companies don’t seem

more for labor. They’ve also received pushback from potential investors who have declined to support their company because they weren’t classifying workers as independent contractors. “There was this whole trend at the time because of Uber. ‘Uber for anything . . .’ It was like heroin for VC [venture capitalists]. . . . [T]

plan for anything or have any benefits.” Sapone admits that their company could have gone either way in terms of hiring workers as employees or independent contractors. But Sapone and her cofounder disliked the high level of customer and worker churn found in the 1099 model, and they were concerned about

fair, the impetus for treating workers as employees is not generally philanthropic. For instance, the office service Managed by Q views its rejection of the independent contractor model as a business strategy. Shortly before creating the service, the founder, Dan Teran, read Zeynep Ton’s book, The Good Jobs Strategy. The

their workers as employees or offering their workers stock options and full company involvement? For one, the cost savings from classifying a worker as an independent contractor can be considerable: after factoring in unemployment insurance, workers compensation premiums, Social Security and Medicare contributions, health insurance, and any additional benefits, the savings

are able to offer much lower prices than companies that commit to paying an actual wage. The cost savings of deeming workers to be independent contractors creates a perverse incentive for companies to save money on the backs of their workers. It also makes it harder for companies that are

worker that’s been misclassified . . . are worse than your chances of finding a leprechaun riding a unicorn.”84 As noted previously, classifying workers as independent contractors reduces payroll taxes, including Social Security contributions, workers compensation, and health insurance premiums. Misclassifying workers can also lead to issues when workers file for unemployment

supervises others under a contract pursuant to which the worker agrees to provide material and labor and is only responsible for the result, this indicates independent contractor status. 6. Continuing relationship: A continuing relationship between the worker and the person for whom the services are performed indicates employee status. 7. Set

hour, week, or month: Payment by the hour, week, or month generally points to employment status; payment by the job or a commission indicates independent contractor status. 13. Payment of business and/or traveling expenses. If the person for whom the services are performed pays expenses, this indicates employee status. An

: The provision of significant tools and materials to the worker indicates employee status. 15. Significant investment: Investment in facilities used by the worker indicates independent contractor status. 16. Realization of profit or loss: A worker who can realize a profit or suffer a loss as a result of the services (

available to the general public: If a worker makes his or her services available to the public on a regular and consistent basis, that indicates independent contractor status. 19. Right to discharge: The right to discharge a worker is a factor indicating that the worker is an employee. 20. Right to

, to be covered by civil rights laws, and to have taxes deducted from their paychecks. Workers would also have the opportunity to pool with other independent contractors to receive certain benefits, such as disability insurance, retirement accounts, and liability insurance, much like workers who join the Freelancer’s Union. However, under

IRS’s 1984 Strategic Initiative, an examination of 3,331 employers for the 1984 tax year, found that 15 percent of employers misclassified workers as independent contractors. The IRS also found that “when employers classified workers as employees, more than 99 percent of wage and salary income was reported. However, when

workers were classified as independent contractors, 77 percent of gross income was reported when a Form 1099 was filed, and only 29 percent of gross income was reported when no Form

of numerous workplace protections. Implementing my solutions would reduce this risk. ENTREPRENEURS BY CHOICE Under the Time Rule and pajama policy, the category of independent contractor would be reserved for people who were largely self-directed. Workers could opt out of employee status and choose to be entrepreneurs by incorporating, which

Passengers to Stop Drinking in Car.” NBC Washington, February 22. Committee on Ways and Means. 2007a. “Hearing on the Effects of Misclassifying Workers as Independent Contractors.” Hearing before the Subcommittee on Income Security and Family Support and the Subcommittee on Select Revenue Measures of the Committee on Ways and Means, U

. “The Casualization of Intimacy: Consensual Non-Monogamy and the New Sexual Ethos.” PhD. diss. Available from ProQuest, AAI3550956. Griffith, Erin. 2015. “Why Kitchensurfing Made Its Independent Contractors into Employees.” Fortune, September 1. Griswold, Alison. 2014. “In Search of Uber’s Unicorn.” Slate, October 27. ———. 2016a. “The Dirty Secret of Airbnb Is

Background Relating to Worker Classification for Federal Tax Purposes (JCX-26-07). Washington, DC: Internal Revenue Service, May 7. Jost, Micah Prieb Stoltzfus. 2011. “Independent Contractors, Employees and Entrepreneurialism under the National Labor Relations Act: A Worker-by-Worker Approach.” Washington and Lee Law Review 68(311). Kahn, Bonnie Menes. 1987

, 208 collective bargaining, 64–65, 70, 71 collective consciousness, 32 Colorado Fuel and Iron Corporation, 68–69 Commission on Industrial Relations, 93 commission structure model: independent contractor status and, 199–201box 1; Juno/Gett, 190–91; Lyft, 75; TaskRabbit, 6, 80, 185; Uber, 75–76, 184; worker control and, 182 Committee

171; worker control and, 64, 171 entrepreneurship: overview, 6, 23, 31; Airbnb and, 44; capital requirements for, 40; democratization of, 5, 6, 34, 186; independent contractor status and, 206–7; inequality and, 38, 183, 186; Kitchensurfing and, 58; for the masses, 5, 6; platforms and, 181–82; reduction of barriers to

CrowdFlower financing programs: Santander, 3, 73; Uber, 3, 73 flexibility: overview, 6, 15, 16; addressing need for, 177; in-demand job skills and, 38; independent contractor status and, 111; of Kitchensurfing, 167–68; limits to, 86–87; stigmatization of usage of, 184; successful workers, 10–11, 19, 159 FLSA (Fair Labor

guilds, 71 Hacker, Jacob, 37, 181 hackerspaces, 27 Hall, Elaine, 121 Hall, Jonathan, 38 Handy: as exchange of services, 27; homeless workers and, 42; independent contractor status and, 36; lawsuits by workers against, 38; term reinvention and, 29 happy worker model, 178, 190, 207 Harris, Seth, 196, 201, 202 Hart, Keith

152, 162, 187, 188, 190; Airbnb and, 72; costs of, 186; Driver Injury Protection insurance, 102; Hello Alfred and, 188; high-deductible plans, 37; independent contractor status and, 94, 190–91, 196; Kitchensurfing and, 59; lack of, 152, 156, 207; Managed by Q, 190; MyClean and, 190; Postmates and, 110–11

and, 164–66; Gabriele, 82, 132, 170–71; guest screening, 47, 168–72; host discrimination, 35–36; host-guest interactions, 33–34, 128–31; as independent contractors, 36; Instant Book service, 170; James, 167, 168, 170; Jessica, 165; Joshua, 165, 170, 192–93; landlord-tenant disputes, 230n17; landlord-tenant issues, 222n49

; McClean, 189; opportunities for, 23, 157; risks of, 37; TaskRabbit and, 56; of workplace risk, 191. See also piecemeal system overtime: avoidance of, 36; independent contractor status and, 94; paid overtime, 189 overwork, 6, 15–16 The Overworked American (Schor), 16 owner-occupied move-ins, 41 paid time off, 180, 188

–84; Gemeinschaft/Gesellschaft, 31–36; income rates, 184–85; increasing casualization of labor and the related risk shift, 36–39; increasing social inequalities, 39–42; independent contractor classification, 196–202; pajama policy, 204–5, 206; participant recruitment and methodology, 42–43; promises of, 5, 6, 25, 207–9; protecting workers in,

50 UberPeople, 72–73, 225n34 uberPOOL, 27, 105–6 UberRUSH, 127–28 UberTaxi service, 77 Uber workers: Baran, 2–3, 6; Bryan, 78–79; as independent contractors, 36 uberX, 27, 75, 75tab. 2, 77, 78, 107 underemployment, 42, 62, 175 underground economy, 186 unemployment: discrimination against long-term unemployed, 62; long

-term unemployed, 11; sharing economy and, 61 unemployment benefits: access to, 187; independent contractor status and, 94; unionization and, 177 unemployment insurance, 120, 191 unemployment rate, 10, 175, 176 unexotic underclass, 231n4 unicorns (startups), 2 unionization: overview, 6,

-home arrangements, 66 worker categories, 59, 109–11; Strivers, 10–15; Strugglers, 10–12, 14–18; Success Stories, 10–13, 18–21. See also independent contractors; striving workers; struggling workers; successful workers worker classification: overview, 11–12; employer-employee relationship factors, 199–201box 1; FLSA and, 196; independent worker category, 201

, 202; risk and, 36; tax revenues and, 205–6; time rule solution, 202–3. See also independent contractor status worker safety: overview, 6, 22; advanced planning and, 97–100; dangers of driving for hire, 101–4; health issues of driving, 104–6; in

109–11; urination issues, 106–9. See also workerplace injuries workers’ compensation: overview, 22; access to, 187, 189; avoidance of, 36; costs of, 191; independent contractor status and, 91–92, 94–95, 96–97, 196; short history of, 92–94 work hours: on-call time, 81–84; erratic nature of, 74

16; promise of, 6; social class and, 38; striving workers and, 14–15 workplace injuries: overview, 4–5, 6, 22; financial aspects of, 74; independent contractor status and, 95–97; lack of protective regulations on, 90–92. See also workplace protections workplace issues: overview, 2, 22, 90–92; advanced planning and

Humans as a Service: The Promise and Perils of Work in the Gig Economy

by Jeremias Prassl  · 7 May 2018  · 491pp  · 77,650 words

actually going on from regulators and evade the law. His first example of a ‘pervasive’ arbitrage technique? ‘[F]iring employees and re- hiring them as independent contractors to avoid employment regulation.’36 * * * The Economics of the Gig Economy 21 In that sense, then, employment law—or rather the evasion of employ- ment

employment status, on the other hand, is a consistent theme throughout: shareholder value is created by denying workers their legally mandated rights. Classifying workers as independent contractors allows plat- forms to offer services without having to pay for their cost. Responsibility for assets, remuneration, insurance, and tax, as well as the risks

today are clear about the indus- try’s commercial focus and courts are increasingly content to ignore sophis- ticated contractual attempts to recast employees as independent contractors. The gig economy’s claims of genuine entrepreneurship and innovation, on the other hand, pose a much more significant challenge: if true, they would leave

the ‘Roo’ or Rider Community, instead of a fleet of delivery couriers, are designed to defeat employment law through the contractual reclassification of workers as independent contractors—with less and less success. Cuddly terminology as well as the fictional language used in gig plat- forms’ contracts are increasingly coming under attack. When

in late 2015 highlighted, key industry players were often closely involved in drafting the laws—many of which contain provisions designed to classify drivers as independent contractors, beyond the scope of state-level employment law protection.61 In some cases, this is achieved through explicit carve-outs. In Ohio, for example, the

- tract’,62 and in Indiana, ‘an Act to amend the [State] Code concerning insurance’ discreetly stipulates that TNC drivers are similarly to be seen as independent contractors by law.63 Other states have included less direct provisions to similar effect. In Texas, legislation stipulates that a TNC ‘does not control, direct, or

key element in * * * 48 Doublespeak most employment law tests,64 and in North Carolina, a ‘rebuttable presump- tion exists that a TNC driver is an independent contractor and not an employee’.65 Similar lobbying efforts are by no means limited to the United States. A European Agenda for the Collaborative Economy, published

used to provide the underlying service’ should be classified as service providers.66 Even those uncomfortable with the legislative classification of gig- economy workers as independent contractors eschew employment status. At the least radical end of the spectrum, we find proposals to create a ‘third’ employment status for gig-economy workers, located

between the traditional categories of employee and independent contractor. Building on the notion that on-demand economy platforms represent a genuinely novel form of work, deserving of its own legal status and regulatory apparatus

when these workers communicate online, companies spy on them—and even kick potential troublemakers off their platforms. Moreover, since on-demand workers are frequently considered independent contractors, they aren’t pro- tected by federal labor laws that prohibit companies from retaliating against employees who join together to improve conditions.70 More and

consumers and workers. Gig-economy platforms step in to restore choice and control for each of us. To some extent, that is true, of course: independent contractors enjoy much more flexibility than regular employees, who have traded some of their freedoms for stability and protection, and consumers might gain access to hitherto

regulation of the labour market hinges on a fundamental trade-off between security and control: employees working under a contract of employ- ment are protected; independent contractors are not. Most countries’ employment laws have adopted a version of this ‘binary divide’ model to structure their employment law, tax, and social security systems

wage, and may not illegally discriminate against particular groups in hiring and firing.3 Employers deduct payroll taxes, and contribute to pensions and insurance payments; independent contractors can set higher rates in return for being responsible for their own tax returns and long-term economic security. * * * Playing by the Rules 95 Some

simple and far from innovative. This ‘disrup- tion’ is based on contractual misclassification (the simple assertion in plat- forms’ terms and conditions that workers are independent contractors rather than employees) and the increasing use of multilateral work arrangements, * * * 96 Disrupting the Disruptors through the sharing and blurring of employer control between customers

very point of the carefully drafted and strongly worded terms and conditions that prospective workers and customers must accept before joining a platform: TASKERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF COMPANY. COMPANY DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT

WORK PERFORMED OR THE TASKS IN ANY MANNER.5 Everyone has agreed, it appears, that on-demand platforms are but neutral intermediaries, facilitating transactions between independent contractors and their clients—and thus most certainly outside the scope of local, national, or international employment regulation. But the law isn’t quite so easily

been embroiled in misclassification lawsuits. Like many on-demand platforms today, the company exercised tight control over its delivery drivers, whilst maintaining that they were independent contractors. In one of the leading decisions against FedEx, the Court of Appeals for the Ninth Circuit in 2014 upheld drivers’ claims that they were employees

decision, which caught the attention of journalists and regulators across the world, Judge Snelson was unequivocal in finding that claimant drivers were workers, rather than independent contractors. The language in Aslam, Farrar v Uber was unusually pointed: [87] . . . we have been struck by the remarkable lengths to which Uber has gone in

and ACOSS are pursuing Uber for several million euros’ worth of contributions that the platform has refused to pay, insisting that its drivers are but independent contractors.15 Regulators around the world are starting to take notice. A set of interpretative guidelines under the US Fair Labor Standards Act of 1938, released

of $1 billion.21 The underlying message is clear: however strongly worded, platforms’ denial of employment status will not automatically succeed in classifying workers as independent contractors. Depending on each jurisdiction and claim, the ordin- ary tests of employment and labour law apply to work in the on-demand economy—and, given

amount of work avail- able from the employer have nothing to do with the worker’s managerial skill and do little to separate employees from independent contractors—both of whom are likely to earn more if they work more and if there is more work available.26 Because the platform clearly exercises

taxes directly to the state, and to deduct (‘with- hold’) a certain percentage of income tax and employment-related insur- ances. As mere intermediaries for independent contractors, gig-economy platforms argue, they should not be subject to either of these obligations. This leads to a direct tax loss: by engaging

independent contractors, plat- forms are not responsible for any of the payroll taxes levied on other compan- ies. In many countries, this loss is further compounded by

was] forecast to cost [UK] public finances over £5 billion’ per year.24 Tax authorities are increasingly challenging platforms’ insistence that work- ers operate as independent contractors. French social security administrators URSSAF brought a claim for nearly €5 million in unpaid contributions dur- ing a period of 18 months in 2012–13

on the employer’s share of revenue; devolution of tax responsibility to individual contractors also makes collec- tion cumbersome and patchy. In the United States, independent contractors have to report their earnings on Income Revenue Service (IRS) Form 1099 (hence the name ‘1099 economy’, which sometimes crops up as a synonym for

their so-called vicarious liability—a legal doctrine that holds employers responsible for wrongs committed by their employees.34 Detailed rules vary across jurisdictions, but independent contractor status is nearly always the easiest way of wriggling out of responsibility. This will usually leave the injured consumer or bystander without meaningful recourse, as

service quality. Consider working time and minimum wage protection (or wage and hours laws, as they are known in some countries) as an example. An independent contractor who has been on the road for most of a day and decides to put in another few hours to pay her expenses will be

workers with state benefits instead? From this perspective, platforms would still be forced to bear the cost of their business activities, but could continue with independent contractor classification. Even if we ignore the practical problems with this approach (remember the difficulties with tax collection chronicled earlier), however, it turns out that employment

- enon itself is generally accepted. Oei and Ring, for example, characterize platforms’ decision to classify themselves as mere intermediaries and their ‘affirma- tive adoption of independent contractor classification’ as examples of ‘tax opportunism’, rather than regulatory arbitrage, whilst acknowledging that the overlap between those categories can be significant—‘In some cases, it

Coase, ‘The nature of the firm’ (1937) 4(16) Economica 386. Coase sug- gested that the main advantage of hierarchical employment relationships over contracts with independent contractors was the entrepreneur’s degree of control and the resulting decrease in transaction cost, whether in the search, selection and training of workers, or the

33. Even platforms themselves might profit. Take competition law as an example: an increasing number of lawsuits allege that if gig-economy workers are genuinely independent contractors, then their use of an app to determine prices would be a clear violation of competition or antitrust law. (See, for an overview, Julian Nowag

, 76, 77 Kaplow, Louis 184 illegal practices 57 Kasparov, Garry 1 immigrant workers 77 Katz, Lawrence 16 incentive structures 67–8 Katz, Vanessa 116, 179 independent contractors 21 Kaufman, Micha 17, 145, 149 Independent Workers Union of Great Kempelen, Wolfgang von 1 Britain (IWGB) 113, 179 Kennedy, John F. 135, 185 industrialization

The Gig Economy: The Complete Guide to Getting Better Work, Taking More Time Off, and Financing the Life You Want

by Diane Mulcahy  · 8 Nov 2016  · 229pp  · 61,482 words

instead of employees, a Sisyphean task given the government’s unclear, imprecise, and varying definitions of employee and contractor. Not unexpectedly, the trend of hiring independent contractors instead of employees has become persistent and widespread, and it’s growing. Companies incur lower labor costs, have more flexibility, and can realize greater efficiency

may be able to make an employer’s matching contribution if you have set up a separate business entity. Unemployment protection: Self-employed people and independent contractors aren’t required to pay the federal and state unemployment taxes, so they aren’t eligible for the unemployment benefits those taxes cover. Independent workers

calls his proposal “libertarianism with a safety net.”15 Allow Contractors to Collectively Bargain The National Labor Relations Act applies only to employees, thus excluding independent contractors from the ability to bargain collectively. In the past, contractor attempts to unionize and bargain have been thwarted by invoking antitrust laws. The argument is

. Chamber of Commerce sued the city of Seattle, saying that the ordinance violates antitrust laws.17 California is expected to introduce a similar bill covering independent contractors who work on on-demand platforms. What most of these proposals have in common is that they attempt to improve the current labor market by

2. Carre, Francoise, “(In)dependent Contractor Misclassification,” Economic Policy Institute, June 8, 2015. www.epi.org/publication/independent-contractor-misclassification/ 3. IRS, “Independent Contractor (Self-Employed) or Employee?” www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Self-Employed-or-Employee 4. U.S. Department of Labor, “Administrator’s Interpretation No. 2015-1,” July 15

, 2015. www.dol.gov/whd/workers/misclassification/AI-2015_1.htm 5. www.employmentlawspotlight.com/2014/10/nlrb-adopts-new-test-for-independent-contractor-misclassification-applies-it-to-find-fedex-drivers-are-employees-who-can-unionize/ 6. Christian, Blake E., “IRS Compliance and Enforcement Trends,” Journal of Accountancy, September

/09/the-age-of-flex-labor-is-here See also, Cruz, Roberto, “A Class of Their Own? Independent Contractors Causing a Conundrum,” Workforce, September 1, 2015 www.workforce.com/articles/21560-a-class-of-their-own-independent-contractors-causing-conundrum 10. Kitces, Michael, “Why Employee Benefits Will Become Irrelevant,” The Wall Street Journal, April

The Fissured Workplace

by David Weil  · 17 Feb 2014  · 518pp  · 147,036 words

room set-up, overall pace, and quality standards established by Marriott, whose name the property bears. A cable installer in Dayton, Ohio, works as an independent contractor (in essence a self-employed business provider), paid on a job-by-job basis by Cascom Inc., a cable installation company. Cascom’s primary client

mandatory social payments (such as unemployment and workers’ compensation insurance or payroll taxes) or to shed liability for workplace injuries by deliberately misclassifying workers as independent contractors.2 Misclassification of this sort is a major problem, particularly in industries like construction and janitorial services. The fissured workplace does not arise only from

the act. The definition of “employee” has become a hotly contested issue in recent years, particularly in regard to the reclassification of employees as independent contractors. Since independent contractors are viewed under law as business entities in their own right, they are exempted from minimum wage and overtime requirements of the Fair Labor Standards

of historically responsible employers. Finally, we look at how multitiered subcontracting in the cable industry changed what were once employees of cable media companies into independent contractors. Past as Prologue: Fissured Coal Mines and the “New” Subcontracting Subcontracting was long used in underground coal mining for reasons similar to those found

repeatedly, fissuring often leads to more fissuring. In this case, Cascom did not pay its cable installers as employees, but instead set them up as independent contractors. In principle, that meant that each cable installer was a self-standing business that subcontracted the work from Cascom. In reality, however, Cascom determined

which homes each so-called independent contractor would visit and how much the contractor could charge (a rate Cascom both set and collected). Cascom precluded installers from taking on new business independently

, fined them for work judged (after the fact) to be substandard, and monitored their activities closely.65 The one way Cascom treated installers as independent contractors was by compensating them on the basis of jobs completed rather than hours worked. That meant an installer received the same amount of money whether

As the principal contractor, Cascom created its own rigid standards, monitoring, and enforcement systems to see that its subcontractors—in this case individuals employed as independent contractors—met them. By moving installation work outside to the model of contracting created by Cascom, Time Warner ultimately could pay a far lower cost per

employed inside the media giant. The case is not unique: many forms of fissured subcontracting end with outer tiers of individuals hired as so-called independent contractors rather than as employees. Independent contracting can be a legitimate form of business organization, but it connotes specific things: that contractors control their own

of time for drop-offs and can be docked if packages arrive outside of it or if the company receives complaints from customers. As an independent contractor, the driver is required to purchase a truck (as specified by FedEx) that bears the company logo. In addition to financing the vehicle, the

the difference between the fees paid per delivery and the costs incurred for servicing the route, rather than on a salary or hourly rate. As independent contractors, drivers are not covered by overtime or other labor standards or protections against discrimination, health and safety laws, or provisions that would allow them

further acknowledges that SLTD’s said audit is in no way intended to waive or release PWV’s I-9 compliance obligations … or alter the independent contractor relationship between the parties.”12 Subcontracting and the Workforce: A Refrain Subcontractors like PWV receive payment on the basis of truckloads completed (or on

who sold newspapers in the street on commission) were in fact employees of the Hearst publishing empire despite Hearst’s contention that they were formally independent contractors who purchased papers from Hearst but sold them on their own as “entrepreneurs.” The NLRB decision and the Supreme Court’s affirmation of it

led enraged conservatives in Congress to amend the NLRA in 1947 to specifically exempt independent contractors.6 This moved the NLRB and the courts to apply the tests for employment created by common law in deciding on issues of coverage under

way work is actually done) versus only the outcomes has important implications as to whether the agent undertaking that activity is an employee or an independent contractor, and therefore whether the principal is liable or not for the actions of the agent. But the important point is that the test itself

revenues from Awuah’s clients, deducted royalty fees and interest and principal payments for the loan, and sent the remainder to him. Awuah, as an independent contractor, faced all costs for conducting his business (wages for workers, associated tax, workers’ compensation and other social payments, costs of cleaning materials, insurance, transportation,

he and 115 other franchisees were, in reality, employees of Coverall. The suit, brought by his attorney, Shannon Liss-Riordan, questioned the validity of the independent contractor / franchise status of the Coverall agreements given the top-down nature of the relationship among the franchisor, customers, and individual franchisees. If in fact Coverall

only the franchisee but also Domino’s Pizza LLC as the franchisor in the suit. Domino, citing case law that typically holds franchisees to be independent contractors, thereby removing franchisors from liability, sought a summary judgment by a trial court to remove it from the suit. Although the trial court granted

the burden of proof to an employer to show that an individual is not an employee. Employers must show that an individual designated as an independent contractor is free from control or direction in the performance of work; that the service provided by the individual is outside the normal activities of

franchising cases were brought under this Massachusetts statute. Twenty-two states have passed legislation that addresses the classification of workers as independent contractors.54 While a senator, Barack Obama introduced the Independent Contractor Proper Classification Act of 2007. The legislation addresses misclassification by closing tax incentives that make it more advantageous for businesses to

Stopping Lowest-Road Employers Egregious Fissuring Some forms of fissuring are clearly directed toward end-running basic employment responsibilities, such as deliberately classifying workers as independent contractors who by all recognizable standards are employees. As discussed in Chapter 8, many states became aware of this problem in the past decade, and

others, any current or future business that is covered anywhere under OSHA’s explosives or process safety management standards if that business employs workers or independent contractors.” Additionally, he agreed to “have no involvement in any enterprise that has employees if it is located within 1,000 yards of another business

Taxi Workers Alliance in New York City also suggests the possibilities of new organizations and collective actors in the workplace. Because of their designation as independent contractors, taxi drivers are not covered by the National Labor Relations Act. Nonetheless, since 1993 the Taxi Workers Alliance, led by Bhairavi Desai, has brought

of a self-standing market which splits further apart. Contractors use subcontractors, who in turn farm out work to individuals who operate as so-called independent contractors. Or, transferred to a franchising model, lead franchisors create regional franchisors, who then sell to local franchisors. Fissuring also spreads. Successful fissuring in one

landscaping, computer programming services); • Day laborers: Individuals who get work by waiting at a place where employers pick up people to work for the day; • Independent contractors: Individuals who obtain customers on their own to provide a product or service (and may or may not have other employees working for them). These

by companies to work for a specified period of time, such as seasonal workers in the retail sector; • Self-employed workers: Workers not classified as independent contractors (who therefore do not pay payroll taxes, workers’ compensation, and other standard employment costs).8 Using data from the Contingent Worker Survey, the U.

categories of contingent work that are closely related to fissured employment grew substantially between 1995 and 2005. In particular, the number of workers classified as independent contractors grew from 8.3 million to 10.3 million, and also increased as a percentage of total employment, from 6.7% to 7.4%.

of contingent work in Table 11.1 are less closely aligned with the concept of fissured workplaces. This includes self-employed workers (not categorized as independent contractors) and standard part-time workers. Including those categories when estimating the extent of fissured employment would tend to overstate its extent. For example, many

—to attorneys who typically must travel to the home of the borrower. A common practice now is to subcontract this work to lawyers working as independent contractors, compensating them on a per closing basis, rather than assigning lawyers from the firm itself. The assigned attorney is expressly forbidden to offer any

, 9, and 10. 12. Direct and control test has become central in the area of misclassification laws regarding whether workers have been incorrectly classified as independent contractors rather than employees. I discuss this in Part III. 13. 29 U.S.C. §§ 201–219 (1994). Not surprisingly, the application of this broad

are complementary, but one aspect is not observable, the employer faces a difficult problem in creating a compensation model. Shifting this work to an independent contractor is desirable in such cases in that the payment becomes one more directly related to output of the provider than to the input of the

of franchising, it is not the only problematic workplace practice in the janitorial sector. Another common practice is subcontracting janitorial services and classifying workers as independent contractors, similar to the cable installers discussed in Chapter 5. This practice—common in office cleaning in many metropolitan services—can lead to multiple tiers of

place pressure on end users (Lerner, Hurst, and Adler 2008). The Wage and Hour Division has also investigated the use of misclassification of employees as independent contractors in janitorial services, including recent investigations in Chicago. See “US Department of Labor Sues Two Chicago-Area Cleaning Companies, Owners to Recover Unpaid Wages

information systems, business strategies, and public policies that enable modern lean retailing, see Abernathy and Volpe (2012). 3. The company advertises “independent contractor opportunities” on its website: “If you’re an independent contractor, select from the following links for information about opportunities with the FedEx family of companies.” The choices include FedEx Custom Critical

Owner/Operator; FedEx Ground Independent Contractor; and FedEx Home Delivery Independent Contractor (http://www.fedex.com/us/indp/independentcontractors.html, accessed February 8, 2013). 4. This model of retailing has also become common in

gain or loss.” For a discussion of this new stream of reasoning and its potential impact on further expanding the legal underpinning for use of independent contractors, see Jost (2011). 8. See Stone (2006) Rogers (2010), and Jost (2011) for related discussions. 9. See Rebitzer (1995) and Wells, Kochan, and Smith

liability on the incentives of parties in principal/agent relationships. 14. Arlen and MacLeod note, “Thus vicarious liability creates perverse incentives for principals to prefer independent contractors over employees when the risks fall primarily on third parties in the very situation in which control may be most socially beneficial, when agents are

Valley Coal Co. v. Yensavage, 218 F.546 (2d Cir. 1914)). The case is discussed in the context of the more recent decisions regarding the independent contractor status of FedEx drivers in Jost (2011). 51. Definition of “employee” in West Virginia Code, section 21-5-1(b)(1996); definition of “employer”

www.dol.gov/whd/workers/misclassification/ for a discussion of joint initiatives between state agencies and the Wage and Hour Division regarding misclassification. 55. The Independent Contractor Proper Classification Act addresses the section 530 safe harbor provision of federal tax law, which is a loophole that allows employers to classify workers as

and unemployment insurance, it imposes those costs on the individual worker (and also creates tax compliance problems in many instances). See “S. 2044—110th Congress: Independent Contractor Proper Classification Act of 2007,” GovTrack.us (database of federal legislation), 2007 (see http://www.govtrack.us/congress/bills/110/s2044/text, accessed September 2

Plans and Collective Bargaining.” Bulletin of the United States Bureau of Labor Statistics, no. 717. Washington, DC: Government Printing Office. Jost, Micah Prieb Stoltzfus. 2011. “Independent Contractors, Employees, and Entrepreneurialism under the National Labor Relations Act: A Worker-by-Worker Approach.” Washington and Lee Law Review 68, no. 1: 313–373. Kahn

Small Business in Focus: Finance; A Compendium of Research. Washington, DC: Small Business Administration’s Office of Advocacy, 9–38. Perritt, Henry. 1988. “Should Some Independent Contractors Be Redefined as Employees under Labor Law?” Villanova Law Review 33, no. 6: 989–1041. Perrow, Charles. 1984. Normal Accidents: Living with High-Risk Technologies

–282; and politics, 208–209 Independent contracting, 10, 314n37, 314n39, 341n7; in the logistics industry, 161–162; as form of employment, 270 Independent Contractor Proper Classification Act of 2007, 205 Independent contractors, 21, 24, 186, 205, 212, 236; misclassification of workers as, 10; and cable installation, 119–121; FedEx drivers as, 161; and

; business model for franchising, 134–136; financial viability of franchising, 136–139; franchising and labor standards, 139–142; evolution of employment structures in, 220; and independent contractors, 327n31; and branding, 327n31; Jan-Pro Franchising International, 133–134; franchising agreement, 134–136 Job polarization, 284–285 Jobs, Steve, 51, 175 Journatic, 277–

The Corruption of Capitalism: Why Rentiers Thrive and Work Does Not Pay

by Guy Standing  · 13 Jul 2016  · 443pp  · 98,113 words

the growing numbers in so-called self-employment, who now account for about 15 per cent of the ‘employed’. Most of the jobs outsourced to ‘independent’ contractors have been low-paid, so the sample used for calculating average wages has shifted towards higher-income employees. And bonuses paid to higher-income workers

provided by the platform – development of the technology, administering booking and payment systems and so on. The platforms insist that taskers are not employees but independent contractors, so are not covered by labour laws, entitling them to certain benefits and safeguards, including, in the USA and elsewhere, the right to unionise. Uber

goes to great lengths to justify the independent contractor label, describing drivers as part-time ‘driver-partners’ who choose to provide rides using the Uber platform. TaskRabbit’s support centre poses the rhetorical question

‘Do Taskers work for TaskRabbit?’ and gives its answer: ‘No, they do not. Taskers are local entrepreneurs and independent contractors who work for themselves. TaskRabbit simply provides the platform for Clients and Taskers to meet. We vet and background-check all Taskers before allowing them

business model. This is why Uber agreed a proposed $100 million out-of-court settlement in April 2016 in return for maintaining drivers’ status as independent contractors. At the time of writing the settlement had still to be approved by a judge. When US home cleaning platform Homejoy folded in 2015, the

extra income, the change has made this harder, because other commitments restrict availability for tasks. Taskers have to be on call, making their description as ‘independent contractors’ even more far-fetched. As one Facebook comment put it, ‘Anyone left working for TR [TaskRabbit] is an indentured servant … You are not growing your

character of work and labour. It is reducing the number of defined jobs by shifting to tasks done by people who are neither employees nor independent contractors. At the same time, it is increasing the number of activities counted as jobs in our misleading labour statistics. By being commodified – made into market

firms’ (defined as having between zero and nine employees) came into existence. Many, if not most, will have been formed by self-employed freelancers and ‘independent contractors’. Average income from self-employment fell by 22 per cent between 2009 and 2014, at a time when official statistics indicated that nearly three-quarters

used official revenue data to dismiss the impact as trivial, he undermines his claim by noting that ‘failure to report income is very common among independent contractors’. In one respect, the on-demand economy reverses a capitalist mantra. Instead of being owned by capitalists, the main means of production are ‘owned’ by

are rentiers, earning a lot for doing little, if we accept their claim that they are just providing technology to put clients in touch with ‘independent contractors’ of services. Thus, Uber and rival Lyft insist they are technology, not transport companies. As platform-based tasking expands, it will be appreciated just how

more people below tax thresholds, for example by expanding part-time labour. In many countries, payroll and income taxes are lower for those classified as independent contractors. So, the shift may feed into the austerity agenda by increasing budget deficits and fuelling demands for further cuts in public spending on the spurious

from mass-transit transport – buses, trams, tubes and trains – that has lower pollution costs. Then there are safety concerns. If Uber and others allow their ‘independent contractors’ to drive as much as they wish, some may drive more hours than are safe. Limiting hours may not solve that problem if drivers survive

to jury trial in June 2016. However, in April 2016, Uber reached an out-of-court settlement with the drivers that maintains their status of independent contractors in return for certain concessions. A ruling by the UK’s Employment Tribunal was also expected in 2016. 18 S. Harris and A. Krueger, ‘A

, 2015. 41 In the April 2016 proposed settlement, Uber agreed to ‘facilitate and recognize’ drivers’ ‘associations’. The city of Seattle has passed a law granting independent contractors the right to unionise. Chapter 7 THE CORRUPTION OF DEMOCRACY There is a murkier side to the growth of rentier capitalism: the institutionalised manipulation of

Gigged: The End of the Job and the Future of Work

by Sarah Kessler  · 11 Jun 2018  · 246pp  · 68,392 words

—as important, powerful things so often are—extremely boring, at least at surface level. It was essentially a tax classification. Uber had called its drivers “independent contractors.” This relieved the company from government-mandated employer responsibilities in most countries, and in the United States, where Uber started, it relieved the company of

with commitments to contribute to government safety net programs for retirement and unemployment benefits. And they can be difficult to fire when business circumstances change. Independent contractors come with none of these responsibilities. They also do not have the right to unionize under US federal collective bargaining laws, and there’s no

more closely. It seemed the site, called Gigster, wasn’t looking for employees to help build the world’s biggest engineering department. Instead, it wanted independent contractors, or “remote talent,” who could work on their own schedules. “The nature of work is changing,” the promo text read. “In the future, companies

he wanted to contribute monthly to his retirement savings account, and his expected taxes, which would double once he made the switch from employee to independent contractor. Then he browsed through Gigster’s website, which listed available jobs and their compensation, to estimate how much he would need to work in order

X” entrepreneurs were solving the service portion of their businesses in a similar way. Though some hired subcontractors, like Managed by Q, and some hired independent contractors, like Uber, the misconception behind both strategies was similar: “We’d build this beautiful interface, and of course the cleaning just happens,” Saman remembered thinking

calls “independent business operators” (IBOs), who in turn hire the people who actually answer phones. Terrence had found an IBO that was looking for new independent contractors. On the website of Gary’s new employer, under a slideshow of white women in headsets with too much makeup and photoshopped white teeth, an

graphic designers, journalists, movie production crews, programmers—and those with less scarce skills, like house cleaners and drivers and Mechanical Turk workers. As a group, independent contractors earn more than employees who do similar work. Many of them are highly skilled freelancers like Curtis, the New York City–based programmer, and make

that there are several reasons workers’ pay and benefits are stronger when workers are permanent employees at a larger company than when they work as independent contractors, for a contractor, or for a temp agency. He writes: Large firms employing a wide spectrum of workers—from highly trained engineers and professional

$90, NELP reported to a US Senate Committee, “The stores said the workers were not their employees, and the labor brokers said the deliverymen were independent contractors.”14 * * * Gig economy champions are fond of touting data that shows that workers like flexibility. But this data doesn’t take into consideration how

develop a reputation for providing great service, so that customers would begin to rely on them. On the other, their lawyers advised them that providing independent contractors with training, uniforms, benefits, or regular work shifts—that is, the things that produce happy, well-trained employees—could put the companies at risk of

which could force them to make an expensive shift to employees. In the United States, there’s no single test that determines whether workers are independent contractors or employees—it’s different in different states and under different laws. And similarly in Europe, laws are often so complicated that there’s no

clear-cut way to define who is truly independent. Generally speaking, independent contractors should decide how to complete work, have potential for profit or loss, and, because they take on these responsibilities, have some bargaining power in contracts

up. Zirtual, a company that provided virtual assistants, said one reason it laid off hundreds of workers in 2015 was because it had switched from independent contractors to employees (the company was acquired soon after the switch). “All of these on-demand shared economy companies that have been built up all have

asked. “We’re like Uber for the home.” She started another video, this one in which the featured cleaner had a British accent. “Being an independent contractor, for me, it just means freedom and flexibility,” a version of the previously featured woman explained. Next Carol flipped to slides that explained how the

(a spokesperson for the company told me it has since stopped this practice). Carol did what she could to keep the conversation about supplies in “independent contractor” territory: “These are optional to take; this is your business, you are responsible for supplies.” Along with cleaning supplies, the bag held branded blue marketing

woman wearing a skirt in the front row. “Don’t call us,” Carol automatically corrected. * * * Uber was extremely shrewd at finding new ways to manage independent contractors through its app. “Employing hundreds of social scientists and data scientists,” wrote the New York Times in 2017, “Uber has experimented with video game techniques

, looked a lot like the old process of cheating workers by misclassifying them. In January 2015, workers for Instacart, a gig economy company that sent independent contractors shopping on behalf of its customers, filed a lawsuit that alleged the company’s employment practices were “unethical, oppressive and unscrupulous” (the case was subsequently

of a long change in how companies structured their workforces. Not a solution, but a problem in need of one. * * * Categories like temp worker and independent contractor put divisions between companies and workers who provide them with labor. Gig economy apps widened these divisions. Without the need to manage people face-to

. Instacart, a startup that delivers groceries and once relied entirely on independent workers, also made the decision to hire workers rather than rely solely on independent contractors. “This is something that people need to be trained on and coached on, on a regular basis,” said Apoorva Mehta, the CEO.18 Ultimately,

our couriers, which we believe will ultimately create the best experience for our customers.”19 Delivery restaurants Munchery and Sprig also switched their couriers from independent contractors to employees shortly after launching. The gig economy remained prevalent, both in Silicon Valley and beyond, and some of the startups that switched away from

using independent contractors failed even after hiring employees. But Managed by Q had to some extent proved the Good Jobs Strategy could work. Running Managed by Q was

like a gambling addict. “I kept boosting. I kept seeing results. I kept doubling the budget, tripling the budget, quadrupling the budget.” Uber drivers, as independent contractors, couldn’t join a traditional union. But with this extra help from social media, what Abe imagined to be a different kind of labor movement

employees, and as employees, they could organize under federal collective bargaining laws. The second was to find some way outside of those laws to organize independent contractors. A local chapter of the Teamsters in Seattle lobbied for a law that would allow Uber drivers to form a union. It passed. (Shortly later

executive director Bhairavi Desai called it a “historic betrayal” and promptly filed a lawsuit with ten Uber drivers that accused Uber of misclassifying workers as independent contractors.17 Abdoul Diallo, the Uber driver who helped organize other drivers in New York, said the Drivers’ Guild sounded “bogus,”18 and he encouraged drivers

all aspects of independent workers’ economic security.”31 Their solution was one that other countries had already adopted: a third employment category between employees and independent contractors. As they envisioned it, this third category of workers would allow gig economy companies to purchase and administer certain benefits for workers without worrying about

well as similar categories in Italy, Spain, and Canada, often argue that these classifications just intensify the problem: that with another option between employees and independent contractors, employers find more loopholes for opting out of the laws and benefits associated with traditional employment. Still, the idea of creating a new type of

fund—which he or she could put toward benefits like life insurance and dental care—and, as a result, be certain the workers would remain independent contractors. The independent contractor classification would apply to even work done previously for the company, essentially removing Handy’s risk of misclassification lawsuits. Hiring employees can cost 20

% to 30% more than hiring independent contractors. Social Security and Medicare payments alone cost 7.65% of a worker’s pay. By comparison, Handy had proposed companies divert at least 2.5

opposed the plan worried that it would look to some on-demand companies like a bargain; that it would allow them to classify workers as independent contractors (albeit, independent contractors who had access to small benefits funds) when they would be more properly categorized as employees, who have more rights and protections. Others who

the Affordable Care Act (ideally, healthcare would fall into the insurance benefit category, but that is a larger battle).”37 In this version, contributing to independent contractors’ benefits would not be a choice. Benefits would accrue to all workers regardless of classification. If someone worked 20 hours for one employer, that employer

and handyman services. Dan’s version served offices and relied on employees. Handy’s customers were households and its cleaners and handymen were classified as independent contractors. Despite these completely different approaches, it was hard to say from a business perspective which company had turned out to be more successful. Managed by

who worried about misclassification lawsuits and would rather hire temporary employees than freelancers. Adding mobile technology to the process makes using both temp labor and independent contractors easier, more efficient, and ultimately applicable in more situations. Is this a bad thing? Maybe not. Gig economy boosters often point out that between 70

for instance, not well-paid professionals who can likely afford to create their own safety nets, but couriers. As the potential for companies to use independent contractors expands with mobile technology and automation, it’s possible that workers could regard new types of piecemeal labor as being more like temp work. Unlike

Act? After Donald Trump was elected president, congressional Republicans made it clear they planned to repeal the US law, which made it easier for the independent contractors that Handy relied on to buy their own insurance. Oisin didn’t answer the question. “There’s a massive amount of uncertainty,” he said.

one pilot program somewhat similarly to the Black Car Fund in New York, which provides more than 70,000 livery drivers—typically, like Uber drivers, independent contractors—with workers’ compensation insurance via a 2.5% surcharge on every ride. The customer pays into the fund, rather than the dispatcher. Uber’s

It offered a $5 monthly discount to drivers for Lyft, which introduced it in a blog post as “an easy, affordable investing platform built with independent contractors in mind.”8 (Goldman Sachs acquired Honest Dollar four months later.) An organization called Peers.org aimed to collect these sorts of services onto a

results paled in comparison to the security of a traditional full-time job with benefits, and, second, that they involved a choice. Companies that hired independent contractors could choose whether to participate in a benefits fund like the one Peers.org had envisioned. They could choose to ensure contract workers were paid

/.) The National Domestic Workers Alliance, a worker advocacy group, organized nannies, elder caretakers, home cleaners, and other domestic workers, all of whom tended to be independent contractors. Instead of union dues, the organization mostly ran on grants. A non-traditional union founded in 2003, called the Freelancers Union, advocated for another form

Warren Slams Uber and Lyft. Financial Times. May 19, 2016. https://www.ft.com/content/abc00336-1de1-11e6-b286-cddde55ca122. 25   Trottman, Melanie. Employees vs. Independent Contractors: U.S. Weighs in on Debate over How to Classify Workers. The Wall Street Journal. July 15, 2015. https://www.wsj.com/articles/labor-department

) ecommerce Economic Policy Institute (EPI) Elance (freelance marketplace). See also Upwork Employee Benefits Security Administration (US Department of Labor) employees alternatives to current classification of independent contractors versus at Instagram Managed by Q and misclassification of retention rights of social safety nets and Uber and unionizing and Etsy (ecommerce website) Even (income

capital investment and continued relevance of cooperatives decline of earnings employee model and flexibility and freedom and future of healthcare and history of independence and independent contractors and insecurity and instability and jury duty and lawsuits and Medicare politics and portable benefits and ratings systems retirement security and as safety net socioeconomics

ratings scale worker rates and benefits worker retention worker training Hanley, Dervala Hanrahan, Oisin Harris, Seth Hayek, Friedrich healthcare Affordable Care Act in Canada COBRA independent contractors and Medicare Hermes UK (delivery service) Highlight (social networking app) Holmberg, Susan Homejoy (home-cleaning service) household income H.U.G. (Helping You Grow) Hughes

, Chris Human Intelligence Tasks (HITs) Husein, Mamdooh (“Abe”) iCEO (automated management system) IKEA Inc. (magazine) independent business operators (IBOs) independent contractors alternatives to current classification of Arise and category of definition of earnings employees versus Gigster and misclassification of switch to employee model from Uber and

of change affiliate marketing program driver-led activism and protests Drivers’ Guild and FTC charges of exaggerated earnings funding growth of guaranteed fares history of independent contractor model lawsuits and legal issues “No shifts. No boss. No limits” pitch Pandora partnership politics and price war with Lyft rating system self-driving cars

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