Employee v. Independent Contractor Classification is a major issue today with the gig economy workforce.  Recently, California passed a law classifying most gig economy workers as employees instead of independent contractors much to the dismay of the app firms.  Please provide your responses to the following this in context-

  1. What test does California apply to determine worker status now?
  2. Read the following articles:
    1. https://www.politico.com/states/new-york/city-hall/story/2020/02/28/california-narrative-casts-a-pall-over-east-coast-efforts-to-elevate-gig-economy-workers-1264378
    2. https://medium.com/uber-under-the-hood/analysis-on-impacts-of-driver-reclassification-2f2639a7f902
    3. https://news.bloomberglaw.com/daily-labor-report/gig-economy-feels-bite-of-california-law-after-uber-lyft-loss

Provide (outside sources STRONGLY encouraged, but pay attention to potential bias of sources!):

i. Your reasoned opinion (legal argumentation) on whether Uber/Lyft’s LEGAL positions on classifying their drivers as independent contractors makes sense under FEDERAL LAW v. CALIFORNIA NEW LAW.

ii.  Your reasoned thoughts (not legal but general argumentation…i.e. still provide evidence to support your positions) on whether California’s new law is the right business/economic move to make (examine arguments on both sides….and pick a side….do not give me a straw man), particularly given new implications of Covid on the labor force.

iii. How do you think the new DOL Regulations taking effect March 8th, 2021 will impact all of this?