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Good data on the size and composition of the independent contractor workforce are elusive. The authors carried out a series of focus groups to learn how independent contractors speak about their work. Based on those findings, they designed and fielded a telephone survey to elicit more accurate and complete information on independent contractors. Roughly 1 in 10 workers who initially reported working for an employer on one or more jobs (and thus were coded as employees) were independent contractors on at least one of those jobs. Incorporating these miscoded workers into estimates of main job work arrangements nearly doubles the share who are independent contractors to approximately 15% of all workers. Taking these workers into account substantively changes the demographic profile of the independent contractor workforce. Probing in household surveys to clarify a worker's employment arrangement and identify all low-hours work is critical for accurately measuring independent contractor work. [ABSTRACT FROM AUTHOR]

The issue of whether individuals should be classified as independent contractors has taken on increased significance as a result of the gig economy which began to grow following the Great Recession in 2009. It also has become something of a political football. Through the final regulations (Final Regs.), the Department of Labor (DOL) has promulgated guidance that for the first time provides a regulatory framework by which it can be determined if workers should be classified as independent contractors. The Final Regs. return to the DOL's longstanding position that the economic reality of the relationship between worker and alleged employer should be evaluated by considering all of the circumstances surrounding that relationship. [ABSTRACT FROM AUTHOR]

The employer-employee relationship forms the foundation from which a host of social security benefits and labour rights emerge. Workers are traditionally classified as employees hired under a contract of service or independent contractors hired under a contract for service. Over the years, Indian courts have relied on the control, integration, and multi-factor tests to determine the correct nature of employment contracts. This article explores the evolution of these tests and examines whether the burden of proof in determining the existence of employer-employee relationships requires modification. It then dissects the efficacy of the current multi-factor test in emerging platforms and gig economies by looking at the standard form contract signed by a popular food delivery platform with its delivery partners in India. Finally, the article explores the ability of the newly enacted labour codes, particularly the Code on Social Security 2020, to address the classification conundrum and its consistency with precedents. [ABSTRACT FROM AUTHOR]

Food delivery riders have gained widespread significance when countries went into lockdown to prevent the spread of COVID-19. Particularly in the Philippines, two major companies - Grab and Food Panda - employ thousands of delivery riders as "independent contractors," sans any insurance or protection. This paper argues that food delivery riders, in line with the nature of their work, should be aptly recognized as employees of their digital platforms and should be accorded the proper benefits, protection, and compensation. Notwithstanding the cautious phrasing in the agreements signed by the delivery riders classifying them as independent contractors, it is the submission of this research that the law remains the primary factor that determines the relationship between the parties. As such, an employer-employee relationship, as laid down in Philippine jurisprudence, covers food delivery riders. The paper likewise cites landmark rulings from Spain and France, which recognized delivery riders and drivers as employees of their digital platforms. It is high time that such practices of food delivery businesses be corrected in favor of worker's rights and a decent, gainful livelihood. [ABSTRACT FROM AUTHOR]

With the arrival of name, image, and likeness (NIL), the college sports labor market has distinctly taken on similar characteristics to the gig economy, with athletes able to earn extra compensation through external NIL-based independent contractor "gigs." But with this comparison comes comparable issues, and scholarship and litigation examining and challenging gig economy structures have identified several legal and ethical concerns both individual to each worker and more broadly affecting labor markets. Building off this literature, we conceptualize the NIL phenomenon within the gig economy space, exploring the legal and ethical concerns that have plagued companies like Uber and applying those same concerns to the brave new world of NIL-fueled college sports. We not only find similar issues in college sports but also find even deeper concerns based on new and existing challenges unique to the novel space of college sports, particularly given the increased proliferation of NIL collectives. [ABSTRACT FROM AUTHOR]

Misclassification of employees as independent contractors is widespread. This article aims to make two contributions. My first goal is to sharpen the explanation of why misclassifications persist; I argue that three well‐known problems – the indeterminacy of employee status tests, the barriers to self‐enforcement, and the inequality of bargaining power – together combine to give employers de facto power to set the default legal status. Putting the burden on the worker to initiate legal proceedings and challenge their classification as an independent contractor is the ultimate reason for persistent misclassifications. The second and main contribution is to propose a solution that relies on new AI capabilities. Thanks to technological advancements it is now possible to require employers to seek pre‐authorisation before engaging with someone as an independent contractor. The authorisation would be granted (or refused) by a state‐run automated system, based on an AI prediction about the law. Both parties would still be able to bring the case before a court of law; but the power to set the default legal status would be taken away from employers. The article considers the difficulties with relying on AI predictions, and argues that those difficulties can be addressed, proposing a model that can be justified. [ABSTRACT FROM AUTHOR]

One of the most perplexing areas of current tort law is the ostensible agency tort doctrine, which courts use to determine whether companies should be held liable for the negligence of their independent contractors. In most cases, liability under this doctrine requires proof the plaintiff detrimentally relied on a representation that the contractor was an employee of the defendant. However, in cases involving the negligence of independent contractor emergency room doctors, courts often hold hospitals liable under the ostensible agency tort doctrine without requiring such proof. Why does the doctrine take two inconsistent forms? This Article argues that the law's incoherence is a product of Section 429 of the Second Restatement of Torts. Prior to Section 429, courts used two logically distinct theories for holding companies responsible for the negligence of their independent contractors. One theory, known as ostensible agency, was based on the idea of estoppel and required proof that the defendant presented the negligent contractor as its authorized agent or employee plus proof that the tort was caused by the plaintiff's detrimental reliance on that false appearance of agency. The other theory, called the non-delegable duty doctrine, held companies liable if they failed to fulfill an affirmative duty owed to the plaintiff, stating that companies could not avoid responsibility by delegating their duty to an independent contractor. Section 429 was based on one case decided under the estoppel-based ostensible agency doctrine and six cases decided under the non-delegable duty doctrine. Unfortunately, the Restatement provision adopted a standard that was not consistent with either doctrine. Instead, Section 429 articulated a test that keyed liability to what the plaintiff thought about the relationship between the defendant and the negligent actor. Courts used this test to create a liberal version of the ostensible agency doctrine that imposed liability on hospitals for the negligence of their independent contractor emergency room doctors without proof of a false representation or detrimental reliance. Those same results could have been justified in an intellectually coherent way under the non-delegable duty doctrine and likely would have been if Section 429 had not confused the law. [ABSTRACT FROM AUTHOR]

When an electricity provider wants customers to pay their bills monthly, it sends them a bill each month. Yet, this is not how the tax system works— at least not for independent contractors. Their taxes are due quarterly, but they receive a tax statement (Form 1099) only one time a year. It is up to the individual, then, to know when their taxes are due and how to pay them, and it is on that individual to estimate how much they owe each quarter. As a result, compliance for independent contractors—particularly for online platform workers—tends to be lacking. Failure to pay their estimated taxes subjects these taxpayers to potential penalties and causes the government to collect less tax revenue. There is a simple—yet entirely overlooked—reform that could vastly improve compliance when it comes to paying estimated taxes: third-party information returns (Form 1099s) should be issued to taxpayers on a quarterly basis. The idea is straightforward and intuitive. If the government wants people to pay taxes four times per year, it needs to effectively “bill” them four times per year. This idea is supported by social science research showing that, the more taxpayers are reminded to pay their taxes, the more likely they are to do so. This Article is the first to propose quarterly tax information returns. It offers a detailed proposal for a new Form 1099-ES, which would communicate quarterly earnings and provide guidance on how much to pay in estimated taxes. In doing so, this Article argues for rethinking the conventional wisdom surrounding tax information, taking a more taxpayer focused approach. Rather than viewing Form 1099s solely as a source of information for the government to monitor taxpayers and deter cheating, we should also view the role of information returns as assisting taxpayers in tracking their income and estimating their tax liability. When viewed in this light, the goal should not necessarily be more year-end returns to more people, but instead should be more frequent and useful information for taxpayers. [ABSTRACT FROM AUTHOR]

Compared with regular employees, independent contractors (ICs) offer labor flexibility and cost savings to their employers. Using a difference-in-differences design around the 2004 Massachusetts law that discourages IC usage, we find that this exogenous decrease in IC usage makes treated firms' earnings more sensitive to changes in sales, increases labor-related expenses, and reduces profitability. Firms subsequently reduce share repurchases. The decrease is more pronounced for firms with high operating leverage and financial constraints. Our results are robust to entropy balancing. We conclude that IC usage affects firms' operating leverage and profitability, which in turn, influence payout policy. This paper was accepted by Victoria Ivashina, finance. Supplemental Material: The data files and online appendix are available at https://doi.org/10.1287/mnsc.2022.00103. [ABSTRACT FROM AUTHOR]

High employee performance is necessary to achieve company goals. Environmentally friendly approaches, such as Green Human Resources Management (Green HRM), involve a commitment from all company resources to improve employee performance. This study aims to analyze the effect of Green HRM on employee performance and employee organizational identification in five-star hotels in Bali and the effect of organizational identification on employee performance in five-star hotels in Bali. This study used a quantitative approach. The population consists of 5775 permanent employees in Five Star Hotels in Bali. Primary data is obtained from respondents through questionnaires and interviews, while secondary data is obtained from official tourism institutions such as government and hotels to complement secondary data. The results showed that Green HRM did not significantly affect the performance of employees in five-star hotels that have received the Tri Hita Karana Award. However, the role of Green HRM in improving Organizational Identification has a significant impact, especially with a higher understanding of Green HRM by employees. Organizational Identification plays an important role in improving employee performance. Organizational Identification also fully mediates the effect of Green HRM on employee performance based on AMO (ability, motivation, opportunity)TheryHita Karana is part of Social Identification that supported dedication given by the worker to the business or the company and In bali Service is Coexist with the belief that worken perceived by doing good we recived the good things, the finding also has some limitation in which population and sample used only in hospitality industry so there is no comparison on other sectors, interview also conducted by online due to Covid 19 Travel Restriction. [ABSTRACT FROM AUTHOR]

An increasing number of projects are adopting prefabrication to economize on time, labor, and materials in fixed-position layout operations, such as construction, ship building, and aircraft manufacturing. In such contexts, independent contractor and fabricator make interdependent decisions, which calls for prudent supply chain management because performance relies on coordination between their decisions. Many studies have developed integrated systems and propose various algorithms for scheduling efficiency and reliability. Nevertheless, they pay scant attention to conflicting interests amongst independent partners, which may result in subpar performance not only for the supplier but for the contractor as well. Coordination of conflicting interests has been extensively studied in economics and supply chain management; yet, those studies focus on order-quantity decisions under demand uncertainty for profit maximization, while managers in fixed-position operations are more concerned about delivery decisions under scheduling uncertainty for cost minimization. We consider the case of construction and explore a contractual scheme that aligns the agents' decisions for coordination in a construction supply chain. Specifically, we propose a supplier rebate for coordination: the supplier grants a rebate if the contractor accepts the shipment in accordance with the delivery schedule that the contractor initially chose. We show that the optimal rebate fully coordinates the supply chain to minimize the joint supply chain costs. Thus, both the contractor and supplier benefit from the coordination by negotiating a mutually acceptable way to allocate the savings in joint costs between them. We further show that the rebate motivates the contractor to enhance its work scheduling. [ABSTRACT FROM AUTHOR]

We conducted a comparative study of the main determinants of the gender wage gap across the wage distribution in the tourism sector from a sectoral perspective. Using matched employer-employee data from Spain, we propose different wage decompositions across the wage distribution based on unconditional quantile regressions. In feminised sectors, such as hospitality and travel agencies, the gender wage gap follows an increasing trend across the wage distribution, whereas in masculinised sectors, such as transportation, the gap follows a decreasing trend, becoming non-significant at the highest wage levels. Except in the case of transportation, gender wage discrimination increases as wages increase and is the component that explains the major part of this gap. The results show that there are differential barriers to the promotion of women at a sectoral level that perpetuate gender roles, particularly in positions of high responsibility. [ABSTRACT FROM AUTHOR]

This article discusses a study on the factors influencing employee intention to stay in their current job, focusing on recognition, work environment, and employee engagement. The study found that recognition and employee engagement have a significant impact on intention to stay, while the work environment does not. The study also examined the role of generation in moderating these factors and found that generation does not moderate the influence of recognition and work environment, but does moderate the influence of employee engagement. The study suggests that organizations should prioritize employee engagement and develop generational-specific strategies for employee retention. Additionally, the document provides a list of references and citations for further research on employee intention to stay, employee engagement, and factors influencing employee retention, offering diverse perspectives on these subjects. [Extracted from the article]

This article examines the levels of work stress among employees of a service company in Manizales. The study uses a mixed approach and applies the ILO-WHO Work Stress scale to 33 employees. The results show that work stress levels are below the intermediate range, but the company has incurred costs due to absenteeism and turnover. The article suggests that companies in the service sector can use this information to develop stress management strategies and reduce costs. It contributes to existing research on work stress in Contact Center companies in Latin America and provides a reference for future studies. The article highlights the increasing demands placed on workers due to market changes and globalization, leading to problems with occupational health. Various stressors are identified, and the lack of cohesion and organizational structure are identified as the main sources of stress. The study found that organizational climate and financial factors contribute to work stress, resulting in significant financial losses for the company. Strategies for stress management and improving work conditions are recommended to enhance employee performance and well-being. The article emphasizes the need for organizations to address work stress to prevent negative consequences for employees and the company. [Extracted from the article]

This study analyses the dynamics of registered firms after implementing a new law (2009) in the Brazilian labour market. The law proposed the electronic monitoring of working time to provide more efficiency and security by standardizing the equipment used for control and avoiding manipulation. As stricter monitoring may increase costs, this paper seeks to analyse whether there have been changes in the dynamics of firms adapting to the new regulation. There are two potential mechanisms as a reference: increasing wages and decreasing workers (or contracted hours), and increasing labour force and decreasing contracted hours per worker (and therefore the monthly wage). Using Brazilian employee–employer data and the difference‐in‐differences approach as an empirical strategy, our main findings suggest that firms that adapt to the new electronic workday control had a general reduction in the number of hours hired, an increase in wages for companies with 10–50 employees and a decrease in workplace accidents in firms with 50 or more employees. [ABSTRACT FROM AUTHOR]

Hotels must send the right employer positioning signals to attract the desired professionals. With the advance of online media, hotels may send different signals concerning their employer positioning, including references to employee benefits, allowing potential candidates to evaluate whether they fit in the company even before applying for a job. Based on a qualitative design, the purpose of this study is to understand how global hotel chains present themselves as employers in a digital context. Results revealed the relevance of promoting a socially diverse work environment as a benefit to attracting employees in the hotel industry. [ABSTRACT FROM AUTHOR]

The article focuses on the ongoing legal and regulatory challenges surrounding the classification of independent contractors under the Fair Labor Standards Act (FLSA). It explores how modern work arrangements, such as freelancing and gig work, provide flexibility and independence to workers but also raise issues regarding the application of federal protections like minimum wage and overtime pay, which are afforded only to traditional employees.

Legal turmoil originating from the ambiguity of independent contractor and joint employment law has been exacerbated by the COVID-19 pandemic and the growth of e-commerce and the gig economy. Chaos and uncertainty have hindered business advancement, especially for franchises. Still, there are exemplary international approaches, proposed U.S. and state laws, uniform tests or guarantees, and fresh methodologies as well as legal presumptions. By narrowing the defnition of “independent contractor” and expanding the defnition of “joint employer,” evolving legal interpretations will foster, inter alia, franchisee collective bargaining and other avenues toward fair and effcient compromise. Greater legal clarity could stimulate business growth and lead to stronger, fairer franchise systems. [ABSTRACT FROM AUTHOR]

The Administrative Court (VwGH) has decided that medical emergency transport attendants are considered independent contractors. When assessing the economic dependence on the employer, it does not matter whether the operating resources are necessary or what the company's object of business is. The article describes the activities of the emergency transport attendants and their contracts with the companies. A second applicant for revision, who works as a medical emergency transport attendant, had no specifications or instructions and carried out his tasks independently. The Federal Administrative Court determined that the second applicant for revision was not a genuine employee, but had a freelance employment relationship. The VwGH confirmed that medical emergency transport attendants can be considered independent contractors. [Extracted from the article]

The article focuses on the Federal Trade Commission (FTC's) proposed rule to ban non-compete agreements, citing them as unfair methods of competition. Topics discussed include the impacts of non-competes on employment markets, arguments for and against their fairness, and the FTC's legal justifications for proposing the rule.

This article examines the lawsuit between Apple Inc. and Rivos Inc. regarding the recruitment of Apple employees by Rivos. Apple accused the departing employees of misappropriating trade secrets and breaching intellectual property agreements, while Rivos countersued, claiming that Apple's contracts violated California law. The case was settled after two years of litigation. The article explores the issues surrounding corporate raiding, trade secrets, and employee mobility, as well as the tension between protecting corporate secrets and allowing employee movement. It provides background, analyzes the claims and counterclaims, and discusses the lessons learned from the lawsuit. [Extracted from the article]

Recent decades have witnessed the proliferation of alternative food networks (AFNs) in the US and Europe. While social scientists classify heterogenous practices as AFNs, their participants share the desire to work against the existing food system, and efforts to access food from outside this system. Many analysts have captured these features of AFNs by using concepts from Karl Polanyi's The Great Transformation. Yet while Polanyi's framework has been productive, it has also contributed to binary representations of alternative food movements as either advancing non‐market values or in service to commodification and hegemony. We scrutinize San Francisco‐based independent contractors who sell food alternatives and health supplements produced by a multi‐level marketing company we call NatureRise. The marketers of NatureRise products are committed to working against an industrial food system that they consider corrupt. They promote food alternatives that they regard as more natural than food in the conventional system, and embed sales in face‐to‐face relations in which a family‐like concern for human wellbeing is expressed. Yet, they also engage in sales for what Polanyi calls "the motive of gain." Our case highlights a shortcoming in Polanyi's thought, one that characterizes many social analyses, while supporting the continued relevance of his work. [ABSTRACT FROM AUTHOR]

Copyright of Revista Crítica de Relaciones de Trabajo, Laborum is the property of Ediciones Laborum S.L. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Recerca is the property of Universitat Jaume I and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article uses data from a natural experiment to address one of the most contentious issues in the on-demand platform economy—whether gig work is compatible with standard employment. We analyze a US-based package delivery platform that shifted a subset of its workers from independent contractors to employees, thereby creating a natural experiment that allowed us to exploit variation over time and across locations. We examine the impact of employment status on work scheduling practices, hours of work and the firm's ability to match workers' scheduled hours with the amount of time they were actively engaged in parcel delivery. We find that after the transition to employment, flexibility with respect to how work schedules were determined was maintained, and drivers' total hours of work increased. We also find that the switch to employee status increased the firm's ability to match scheduled and actual working time, indicating greater operational efficiency. We conclude, contrary to claims commonly made by platform firms, that employment status can coexist with the platform model. [ABSTRACT FROM AUTHOR]

The document discusses a case from the Austrian Supreme Court regarding the circumvention of maternity protection laws through fixed-term employment contracts. The court ruled that the expiry of a fixed-term contract is suspended upon an employee's pregnancy announcement, unless there are objectively justified reasons for the fixed term. The document also outlines the legal protections for pregnant employees in Austria, including restrictions on termination and the combination of trial and probation periods in employment contracts. The decision emphasizes the importance of clearly defining the purpose of fixed-term contracts to avoid circumventing maternity protections. [Extracted from the article]