Source: William J. Tronsor, Labor Law Journal, Vol. 69 no. 4, Winter 2018
From the abstract:
The gig economy has fundamentally changed the employer-employee relationship throughout America. In the past, employers relied on an industrial model for production, depending on long-term employees to ensure quality and productivity. The traditional employer-employee relationship was the norm and America’s labor laws were built around that relationship. Today, in order to hinder collective action and skirt America’s labor laws, employers are classifying their workforce as independent contractors. Whether these companies are accurately classifying their workforce as independent contractors requires an extremely fact-based legal assessment, but the ambiguity in the law has made it advantageous for employers to deliberately misclassify their workers. This has resulted in the rise of the gig economy, led by companies like Uber, TaskRabbit, and Grubhub. The gig economy has created a new class of workers, i.e., gig workers. A class of workers whose numbers are growing every year and workers who find themselves unable to avail themselves of the protections of America’s labor laws. The American workforce has evolved, and America’s labor laws need to evolve to respond to these changed circumstances. This article examines the history of organized labor, the importance of organized labor, and the circumstances that brought about the gig economy in America. The article also proposes new organizing strategies, changes that should be made to the law to ensure that all workers are able to collectively organize and avail themselves of the protections of America’s labor laws, so that the organized labor movement can be brought into the 21st century.