Worker Classification in the Gig Economy
Do Businesses Pass the Test?
Worker classification is a complex task, influenced by a multiplicity of inconsistent state and federal standards. With the rise of gig-economy work, the issue of worker classification has resurfaced, generating gig-related, legislative proposals at the state and federal levels, spurring misclassification lawsuits, and inspiring scholarly analysis of the benefits and harms of the gig work model. In this nascent period of regulatory dialectic, where uncertainty prevails, gig-business owners are well-advised to carefully evaluate their workers’ classifications. This paper examines multiple facets of the gig-economy worker classification debate by discussing the impact of existing federal and state worker classification tests and examining the implications of recent court rulings and legislative efforts.
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The Journal of Human Resources Education (JHRE) is a publication of Troy University's Sorrell College of Business.
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