The Debate over How to Classify Gig Workers is Missing the Bigger Picture

Posted: 31 Mar 2020

See all articles by Orly Lobel

Orly Lobel

University of San Diego School of Law

Date Written: 2019

Abstract

A model that rejects the oversimplified classification of workers can better strike a balance between the dual goals of protection and flexibility. Regardless of classification, workers should be guaranteed minimum compensation, access to benefits such as workers’ compensation, and some form of voice. Regulators and courts should at the same time understand that classification can result in unintended and countereffective consequences, and they should work with both platforms and workers to create solutions that are updated and purposeful. This short article written for the Harvard Business Review offers a path for a more goal-oriented, nuanced way to address emerging patterns of work.

Keywords: gig workers, gig economy, employees, freelancer, ABC test, digital platforms, employee rights, gig worker rights, welfare rights, wage and hour law, Dynamex Operations West Inc. v. Superior Court

JEL Classification: K10, K31

Suggested Citation

Lobel, Orly, The Debate over How to Classify Gig Workers is Missing the Bigger Picture (2019). Harvard Business Review, 2019, San Diego Legal Studies Paper No. 20-441, Available at SSRN: https://ssrn.com/abstract=3564681 or http://dx.doi.org/10.2139/ssrn.3564681

Orly Lobel (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

HOME PAGE: http://home.sandiego.edu/%7Elobel/

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