Who Are Gig Economy Workers?

The gig economy continues to confound courts and workers alike—nowhere more so than when the workers in question are drivers for transportation network companies like Uber and Lyft. In 2018 alone, federal and state courts in Pennsylvania arrived at virtually opposite conclusions about whether Uber drivers are “employees” or instead are self-employed “independent contractors.” The U.S. District Court for the Eastern District of Pennsylvania ruled that drivers for Uber’s elite limousine service, UberBLACK, are not “employees,” but the Commonwealth Court of Pennsylvania found that drivers for Uber’s widespread peer-to-peer service, UberX, are not “independent contractors.” Classification is a threshold issue in work law because workers who are deemed independent contractors are ineligible for federal protections related to minimum wage and overtime payments, work-related discrimination, collective or union activity,…

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