Labor and Employment Perspectives on the Gig Economy – How the Pro Act and a New Labor Board Might Impact Gig Workers and their “Employers”

The “gig” economy is on the rise.  According to the U.S. Chamber of Commerce, the number of gig economy workers — independent contractors or freelancers who do short-term project-based, hourly, or part-time work for multiple clients — has grown in recent years, with 57 million Americans taking on freelance work in 2019.  The COVID-19 pandemic and the ensuing Great Resignation that followed seem to have hastened the pace, as many workers who once held traditional jobs began freelancing.  As more workers join the ranks of the gig economy, a question that has lingered since the beginning — whether gig workers should be classified as independent contractors or employees — is taking on a growing level of importance.  The article further discussion impacts on independent contractors, implications from the NLRB, federal and state laws, and important state legal decisions.

By Scott Nelson & Michael Reed^[1]

The “gig” economy is on the rise. According to the U.S. Chamber of Commerce, the number of gig economy workers — independent contractors or freelancers who do short-term project-based, hourly, or part-time work for multiple clients — has grown in recent years, with 57 million Americans taking on freelance work in 2019.^[2] The COVID-19 pandemic and the ensuing Great Resignation that followed seem to have hastened the pace, as many workers who once held traditional jobs began freelancing.^[3] As more workers join the ranks of t