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Labor and Employment Law

Chicago-Kent College of Law

Gig economy

Publication Year

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Full-Text Articles in Law

Uber Drivers: A Disputed Employment Relationship In Light Of The Sharing Economy, Nicholas L. Debruyne Jul 2017

Uber Drivers: A Disputed Employment Relationship In Light Of The Sharing Economy, Nicholas L. Debruyne

Chicago-Kent Law Review

Ride-sharing companies such as Uber Technologies Inc. (“Uber”) have revolutionized the ride-sharing industry. In the realm of employment classification, Uber has a substantial financial motivation to classify its drivers as independent contractors because it frees Uber from financing workers’ compensation programs, payroll taxes, and employee benefit programs. Others argue that Uber should not be able to escape such direct liabilities. In light of this ongoing debate, the U.S. District Court for the Northern District of California has recently denied Uber’s class-action settlement agreement, thereby preserving the issue of whether Uber drivers should be classified as employees or independent contractors. Federal …


Does Work Law Have A Future If The Labor Market Does Not?, Noah D. Zatz Jul 2015

Does Work Law Have A Future If The Labor Market Does Not?, Noah D. Zatz

Chicago-Kent Law Review

This Essay is based on the 37th Annual Kenneth M. Piper Lecture. It offers a new perspective on the much-discussed “future of work.” That discussion typically highlights changes within the labor market that undermine the employment relationship’s role as the bedrock for work regulation. But might something even deeper be afoot, namely the disintegration of “the labor market” itself? Several recent developments challenge the legal construction of employment as occurring wholly inside a distinctive, and distinctively economic, market sphere. This Essay considers Uber and the relationship between work and “sharing,” Hobby Lobby and the relationship between work and religion, the …