Worker Classification Conundrums in the Gig Economy
Susan E. Provenzano, Worker Classification Conundrums in the Gig Economy, 54 Pacific Law Review 67 (2023)
16 Pages Posted: 15 Jun 2022 Last revised: 6 Jun 2023
Date Written: June 15, 2022
Abstract
In February 2022, scholars, legislators, and industry and labor thought leaders converged virtually at the University of the Pacific McGeorge School of Law to offer state-of-the-art legal and policy perspectives on regulating the gig economy – particularly in the frontline state of California. This Essay sets the stage for these distinguished contributions in a special Symposium issue of the Pacific Law Review. It addresses a foundational question: who is an “employee” and who is an “independent contractor” in the eyes of the law? The answer affects everything from wage rights and taxation to tort liability and discrimination protections. This Essay explains why determining a worker’s status is so fraught in the gig economy, where stakes and incentives are shaped by erratic legal frameworks and firm opportunism.
Keywords: gig economy, worker classification, independent contractor, employment regulation
JEL Classification: K10, K19, K30, K31
Suggested Citation: Suggested Citation