The Debate Over How to Classify Gig Workers Is Missing the Bigger Picture.


In 2018 the California Supreme Court adopted a test for how to classify gig workers. The Dynamex decision stated that workers are presumed to be employees unless the employer can prove that the worker is free from its control and direction, the work is outside the company’s usual business, and the worker often works as a freelancer. These criteria, commonly referred to as the ABC test, still don’t provide conclusive guidance about how gig workers should be classified. But negotiations reportedly underway in California between ride-hailing companies, labor unions, regulators, and other stakeholders might be more clarifying.


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