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New NLRB Decision on Independent Contractors

Sep 28, 2015 Benjamin Sachs

Last week, I argued that the “flexibility” of gig-economy jobs can comfortably coexist with a legal determination that those jobs are held by “employees” rather than by independent contractors. I emphasized that “workers can choose when and how much to work, and can even work without immediate supervision, and still be employees within the meaning of the […]

June 14, 2023
News & Commentary

Peter Morgan

In today’s news: the NLRB returns to its Obama-era standard for identifying independent contractors, UPS agrees to the Teamster’s demand for air-conditioned trucks, and Alamo Drafthouse announces the likely elimination of the projectionist position days after its projectionists at a NYC location filed to unionize. The National Labor Relations Board (NLRB) took a crucial step […]

The Pitfalls of Uber and Lyft as Franchisors

Aug 19, 2020 Veena Dubal

Uber and Lyft are in the early stages of discussions to possibly turn many of their California drivers into employees. However, rather than become employees of the companies, the drivers would likely become employees of other businesses. In considering this move, Uber and Lyft have assessed how FedEx Ground Package Systems responded to a 2014 […]

April 30, 2020
News & Commentary

Maxwell Ulin

In a report released this morning, the Bureau of Labor Statistics estimates that around 3.8 million more Americans filed for unemployment benefits this past week. This adds to an already daunting 26.5 million workers who had joined the rolls since the pandemic began, now totaling at around 30.3 million people. Moreover, according to a report […]

In SuperShuttle, the Politics of Employment Status Tests Laid Bare

Jul 1, 2019 Matthew Carrieri

Earlier this year, the NLRB decided SuperShuttle DFW, Inc. v. Amalgamated Transit Union Local 1338. In that case, the Board determined that a shuttle company’s drivers were correctly classified independent contractors. The Board took that opportunity to revise its test of employment status, placing the vaguely defined idea of “entrepreneurial activity” at the center of […]

Is Riot Games in Violation of the NLRA for Funding its Own Union?

May 1, 2019 Minnie Che

The emergence of esports as a new professional career In 1972, the world’s first videogame tournament was held at Stanford University with a year’s subscription to “Rolling Stone” as the first place prize. In 2018, New York’s Barclays Center sold out its 20,000-seat arena for the first ever Overwatch League Grand Finals with $1 million […]

January 27, 2019
News & Commentary

Jenny Braun

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 and fear of the shutdown’s long-term economic and social costs. But it is worth highlighting that hours […]

Uber’s Passenger Acceptance Rules: More Evidence of Employee Status

Jul 14, 2017 Benjamin Sachs

I’ve been reading Alex Rosenblat’s excellent work on Uber, and want to emphasize one of her findings, a finding that is highly relevant to the employment question but one that we haven’t highlighted sufficiently on the blog. (For other coverage of Rosenblat’s findings, see here). In a paper co-authored by Luke Stark, Rosenblat describes what […]

Uber and Progressive Federalism

Jan 13, 2017 Benjamin Sachs

As Jon reported last night, an individual arbitrator has issued an award finding a California Uber driver to be an independent contractor rather than an employee. The award is wrongly decided. I won’t engage in a complete analysis here, but, to find employee status, the arbitrator relies primarily on four California cases, three of which involved […]

June 20, 2016
News & Commentary

Emily Miller

Two former members of Netflix’s “Project Beetlejuice” are suing the streaming company, claiming they were misclassified as independent contractors. For the project, Netflix hired people to watch programs and choose still images and clips for display on the website, compensating them at a rate of $10 per program. Business Insider reports that the plaintiffs claim they […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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New NLRB Decision on Independent Contractors

June 14, 2023

The Pitfalls of Uber and Lyft as Franchisors

April 30, 2020

In SuperShuttle, the Politics of Employment Status Tests Laid Bare

Is Riot Games in Violation of the NLRA for Funding its Own Union?

January 27, 2019

Uber’s Passenger Acceptance Rules: More Evidence of Employee Status

Uber and Progressive Federalism

June 20, 2016