A Global System of Work, A Global System of Regulation?: Crowdwork and Conflicts of Law

63 Pages Posted: 23 Jan 2020 Last revised: 26 Jan 2020

See all articles by Miriam A. Cherry

Miriam A. Cherry

Saint Louis University - School of Law

Abstract

On-demand platforms are changing and reshaping our conceptions of both the firm and the work relationship in far-reaching and critical ways, allowing companies to hire workers and to seek customers across national boundaries. Confronted with low pay, wage theft, and other problematic working conditions, gig workers around the world have turned to the courts, attempting to invoke the protections of traditional labor and employment law. While some commentators believe existing forms of labor and employment regulations can stretch to cover on-demand work, others have called for new legal initiatives specifically crafted for online platforms. The goal of this paper is to provide a global framework for thinking about the on-demand business model and these assorted conflicts of law and jurisdictional issues. The Maritime Labor Convention is discussed as an analogous regulatory scheme. Throughout, the paper emphasizes the need for further coordinated multilateral study, discussion, and regulatory action to assist both crowdworkers and businesses as they navigate the on-demand model of production.

Suggested Citation

Cherry, Miriam A., A Global System of Work, A Global System of Regulation?: Crowdwork and Conflicts of Law. Tulane Law Review, Vol. 94, 2019, Saint Louis University School of Law Legal Studies Research Paper No. 2019-11 , Available at SSRN: https://ssrn.com/abstract=3523303

Miriam A. Cherry (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States
314-977-04537 (Phone)

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