Subject: The Gig Economy Is Poised For Change: LRI INK

February 03, 2022

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The Gig Economy Is Poised For Change

In late 2021, the NLRB signaled an upcoming overhaul of the “joint employer” rule, which could reinstate an Obama-era standard and make it easier for workers to prove that they’re employees, rather than independent contractors. If the NLRB takes this action (and amicus briefs are due by February 10), then more gig workers will gain employee status, which opens the door for more worker organization. What else is coming in 2022 for the gig economy?

 

Clearly, gig workers (and their allies) wish to set a precedent that will spread far and wide, but the current answer to the above question depends on venue:


  • In Massachusetts, the state’s poised as a battleground for what’s to come in the U.S. An ongoing lawsuit asks the attorney general to declare app-based gig drivers (from Uber to DoorDash) as employees. The state’s independent contractor statute potentially lays ground for this declaration, which would pose substantial impacts on the wage and tax-liability fronts for employers. Notably, the statute already provides for punishment, including fines and even imprisonment, for willful violations.

  • In Washington, Uber and Lyft are facing off with the Teamsters, but the two sides will work towards legislative compromise with state House lawmakers, who are attempting to hammer out a bill to continue classifying ride-share drivers as independent contractors but grant them certain benefits (including paid sick leave).

  • In Canada, Uber reached a five-year deal with United Food and Commercial Workers Canada to offer minimum earnings and employee-like benefits, including sick pay and pension, to these gig workers without altering their legal status.

  • In Australia, the Menulog food delivery app and the Transport Workers Union continue to battle over worker protections after the country’s Fair Work Commission declared that the company’s delivery drivers (many of which Menulog already declared to be employees) should receive pay protections. These combined developments appear to strike a watershed moment for gig workers’ rights in the country.

  • In the European Union, a consensus doesn’t exist yet, but a series of proposals attempt to move more app workers towards employee status but also improve working conditions for self-employed workers, all with an eye towards putting collective bargaining on the table for gig workers.

 

Here’s another move that lies outside of the traditionally viewed gig-worker structure: California could approve a ballot measure for voters to approve whether or not some healthcare workers (who are increasingly seeking temporary, travel-based, and even permanent employment via digital platforms) will be classified as independent contractors. It’s a twist worth watching.

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Links

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Union Bailout

 

NLRB’s Invitation To File Briefs And Activist General Counsel Signal The Good Old Days May Be Now For Organized Labor

https://lri.link/3GuI5Kh

 

U.S. Labor Board Official Seeks Swift Punishment For Anti-Union Threats

https://lri.link/3JdaM03

 

Top NLRB Lawyer Launches Effort To Protect Union Campaigns

https://lri.link/3HmX0Y2

 

NLRB Top Lawyer Is ‘Speeding’ Through Agenda Items

https://lri.link/3rfhJHr

 

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Covid-19’s Effects On Healthcare

 

COVID Vaccine Mandate To Kick In For First Wave Of Health Workers

https://lri.link/3IVXBQC

 

Short-Staffed And COVID-Battered, U.S. Hospitals Are Hiring More Foreign Nurses

https://lri.link/3gbetH1

 

Hospital Officials Support N.J. Booster Mandate. But Unions Call For Continued COVID Testing

https://lri.link/3KX56c7

 

300 Union Workers At Washington Hospital Vote To Authorize Strike Notice

https://lri.link/3rhycLo

 

Hospital Administration, Unions disagree On Legislation For Safe Staffing

https://lri.link/3ueT8od

 

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Organizing

 

Starbucks Union Push Spreads To 54 Stores In 19 States

https://lri.link/3odg03J

 

Amazon Staten Island Workers Can Hold Union Vote, NLRB Says 

https://lri.link/3gblLdJ

 

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Union Corruption

 

Rochester UAW Officials Forced to Stop Funneling Dissenting GM Worker’s Dues Toward Politics

https://lri.link/3s4hY7D

 

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Tech/Media

 

Financial Times U.S. Staff Seek Union, Extending Labor Push

https://lri.link/3INqjTQ

 

Hollywood Basic Crafts Deal Terms With Studios Revealed

https://lri.link/3og43Kr

 

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Manufacturing

 

Tesla Fans Complain That Biden Ignores Company’s EV Leadership

https://lri.link/3ITI97L

 

Elon Musk Slams Biden On Twitter Over GM, Ford Meeting

https://lri.link/3AMecDV

 

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Education

 

Union Representing Harvard Security Guards Marred By Internal Tensions As Contract Negotiations Falter

https://lri.link/3L1A9U0

 

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Minimum Rising

 

California Eyes Giving 500,000 Fast Food Workers More Power

https://lri.link/34s1iil

 

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Labor Around The World

 

Union Battle Unfolds at GM In Mexico Ahead Of Workers’ Vote

https://lri.link/3s6VDGv

 

UAW, AFL-CIO Push GM, Mexican Government To Safeguard Workers Ahead Of Union Vote

https://lri.link/3gbduXp

 

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