Employee Classification In The Sharing Economy
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Employee Classification In The Sharing Economy
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Author : Elizabeth Chika Tippett
language : en
Publisher:
Release Date : 2017
Employee Classification In The Sharing Economy written by Elizabeth Chika Tippett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Workers in the sharing economy are overwhelmingly classified as independent contractors. Under existing rules, at least some of them qualify as employees. However, their employers have limited incentives to reclassify them due to arbitration agreements containing class action waivers, which cut off the threat of aggregate claims. Existing rules can also be somewhat misaligned with the sharing economy. Courts are expected to assess the level of control companies exercise over workers, but their task is complicated when control is exercised through software. Formerly reliable proxies for independent contractor status - such as ownership of equipment, and flexibly scheduling - may no longer be as meaningful as they once were. As the sharing economy matures and plays a more fixed role within the landscape of employment opportunities, courts and regulators may need to adjust their approach. Such adjustments will be necessary both to ensure that sharing companies do not secure a competitive advantage from their avoidance of employment rules, and to extend a baseline level of protections to affected workers.
Worker Mis Classification In The Sharing Economy
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Author : Robert Sprague
language : en
Publisher:
Release Date : 2016
Worker Mis Classification In The Sharing Economy written by Robert Sprague and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
How is it that the world's largest taxi service claims it is not a transportation company? How can an iconic worldwide package delivery company argue that it is not in the package delivery business? These are just two idiosyncrasies of the modern economy in which microentrepreneurial contractors using their own resources carry out the fundamental operations of enterprises. Businesses and courts have long struggled trying to determine whether certain workers are employees or independent contractors. Originally, the focus was on whether the employer should be held liable to third parties for injuries arising from the employer's workers -- it controlled the actions of the workers; it should therefore be responsible for those actions. More recently, however, the focus has been on whether the employer should be responsible to the worker for unemployment insurance, workers' compensation, tax responsibilities and compensation benefits, and other liabilities associated with employees. In this latter analysis, while the focus has been on the economic reality of the employment relationship -- i.e., whether the independent contractor is truly economically independent -- control is still a critical factor. If the employer controls the worker, how can the worker truly be independent?Part of the control factor in the economic reality test is the extent to which the worker is dependent upon the employer for his or her livelihood, under the argument that the more dependent the worker is the less independent he or she actually is. With the rise of the “sharing economy” where individuals are connected through online intermediaries with potential customers needing a task performed, a room to rent, or a ride to the airport, the workers are much less dependent on the intermediary employer. As such, the tests used to classify the workers -- employees or independent contractors -- which still fundamentally focus on control, are failing. There is still some control exercised by the employer, but less worker dependence on that employer. This paper argues that the nature of work exemplified by the sharing economy requires the classification tests adjust to focus not on the dependence of the workers on the employer, but the dependence of the employer on the workers. If the enterprise arranging all of these individualized tasks and services is dependent on the service providers for its existence, then those service providers should be considered employees of the enterprise.
Sharing Economy Misclassification
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Author : Robert Redfearn
language : en
Publisher:
Release Date : 2016
Sharing Economy Misclassification written by Robert Redfearn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
This Note examines employment classification in the sharing economy by analyzing the misclassification suit launched against Uber Technologies, Inc., by its drivers. This Note concludes that a jury is likely to find, based on the current legal classification test, that all Uber drivers in the class action suit are Uber's employees. However, this Note argues that such a blanket result would be inappropriate and advocates that courts or legislatures need to construct a new employment classification test that is tailored to the complex working relationships in the sharing economy.
The Status Of Workers And Platforms In The Sharing Economy
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Author : Andrei Hagiu
language : en
Publisher:
Release Date : 2019
The Status Of Workers And Platforms In The Sharing Economy written by Andrei Hagiu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
We consider whether workers who provide their services through online platforms, such as Handy and Uber, should be classified as independent contractors or employees. Using a formal economic model, we show how being too strict or too liberal in classifying workers as independent contractors (relative to the actual degree of control workers have) can be detrimental, not just to firms and welfare, but sometimes to the workers themselves. We also use the model to explore the extent to which an intermediate classification of workers between employees and independent contractors may lead to better outcomes. The intermediate classification is meant to apply to firms that retain control of some actions while their workers control others, as is the case for many online platforms.
The Sharing Economy
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Author : Arun Sundararajan
language : en
Publisher: MIT Press
Release Date : 2017-04-21
The Sharing Economy written by Arun Sundararajan and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-21 with Business & Economics categories.
“An insightful guide to the forces shaping our economy” that explores the far-ranging implications of the shift to crowd-based capitalism—with case studies on Uber, Airbnb, and others (Hal Varian, Chief Economist at Google) Sharing isn’t new. Giving someone a ride, having a guest in your spare room, running errands for someone, participating in a supper club—these are not revolutionary concepts. What is new, in the “sharing economy,” is that you are not helping a friend for free; you are providing these services to a stranger for money. In this book, Arun Sundararajan, an expert on the sharing economy, explains the transition to what he describes as “crowd-based capitalism”—a new way of organizing economic activity that may supplant the traditional corporate-centered model. As peer-to-peer commercial exchange blurs the lines between the personal and the professional, how will the economy, government regulation, what it means to have a job, and our social fabric be affected? Drawing on extensive research and numerous real-world examples—including Airbnb, Lyft, Uber, Etsy, TaskRabbit, France's BlaBlaCar, China’s Didi Kuaidi, and India’s Ola, Sundararajan explains the basics of crowd-based capitalism. He describes the intriguing mix of “gift” and “market” in its transactions, demystifies emerging blockchain technologies, and clarifies the dizzying array of emerging on-demand platforms. He considers how this new paradigm changes economic growth and the future of work. Will we live in a world of empowered entrepreneurs who enjoy professional flexibility and independence? Or will we become disenfranchised digital laborers scurrying between platforms in search of the next wedge of piecework? Sundararajan highlights the important policy choices and suggests possible new directions for self-regulatory organizations, labor law, and funding our social safety net.
The End Of The Subordinate Worker
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Author : Adrian Todolí-Signes
language : en
Publisher:
Release Date : 2016
The End Of The Subordinate Worker written by Adrian Todolí-Signes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
The Digital era has changed industrial relationships dramatically. This has caused a considerable legal uncertainty about which rules apply to cyberspace. Technology is transforming business organizations in a way that makes the employee - as subordinate work - less necessary. A new type of companies "on demand economy" "sharing economy" - dedicated to connecting customers directly with individual service providers are emerging. Thus, these companies develop their core business completely through workers classified as self-employed workers. In this context, employment law is facing its greatest challenge, dealing with a very different reality compared to the one existing when it was created. However, workers still need protection. This study aims to analyse the reasons behind this conclusion.
The Cambridge Handbook Of The Law Of The Sharing Economy
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Author : Nestor M. Davidson
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-08
The Cambridge Handbook Of The Law Of The Sharing Economy written by Nestor M. Davidson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-08 with Law categories.
This Handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.
The Sharing Economy
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Author : United States. Congress. House. Committee on Small Business
language : en
Publisher:
Release Date : 2017
The Sharing Economy written by United States. Congress. House. Committee on Small Business and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Businesspeople categories.
The Fissured Workplace
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Author : David Weil
language : en
Publisher: Harvard University Press
Release Date : 2014-02-17
The Fissured Workplace written by David Weil and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-17 with Business & Economics categories.
In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.
After The Gig
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Author : Juliet Schor
language : en
Publisher: Univ of California Press
Release Date : 2020-09-01
After The Gig written by Juliet Schor and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-01 with Business & Economics categories.
Management & Workplace Culture Book of the Year, 2020 Porchlight Business Book Awards A Publishers Weekly Fall 2020 Big Indie Book The dark side of the gig economy (Uber, Airbnb, etc.) and how to make it equitable for the users and workers most exploited. When the “sharing economy” launched a decade ago, proponents claimed that it would transform the experience of work—giving earners flexibility, autonomy, and a decent income. It was touted as a cure for social isolation and rampant ecological degradation. But this novel form of work soon sprouted a dark side: exploited Uber drivers, neighborhoods ruined by Airbnb, racial discrimination, and rising carbon emissions. Several of the most prominent platforms are now faced with existential crises as they prioritize growth over fairness and long-term viability. Nevertheless, the basic model—a peer-to-peer structure augmented by digital tech—holds the potential to meet its original promises. Based on nearly a decade of pioneering research, After the Gig dives into what went wrong with this contemporary reimagining of labor. The book examines multiple types of data from thirteen cases to identify the unique features and potential of sharing platforms that prior research has failed to pinpoint. Juliet B. Schor presents a compelling argument that we can engineer a reboot: through regulatory reforms and cooperative platforms owned and controlled by users, an equitable and truly shared economy is still possible.