Worker Classification Conundrums in the Gig Economy

Publication Title

University of the Pacific Law Review

Document Type

Article

Publication Date

2023

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.

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HeinOnline

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SSRN

Westlaw

Recommended Citation

Susan E. Provenzano, Worker Classification Conundrums in the Gig Economy, 54 U. Pac. L. Rev. 67 (2023).

Volume

54

Issue

1

First Page

67

Last Page

81

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