The Gig Economy and the Increasing Demand for a Third Classification of Worker

Kenton Steele, Attorney, Reminger Co., L.P.A., USA

Workers in the United States have traditionally been categorized as employees or independent contractors. This dichotomy has long been used to determine whether the employer is vicariously liable for a worker’s tortious conduct and whether a worker is entitled to protections and benefits under employment law. With the rise of the gig economy in the United States, the traditional dichotomy of classifying workers as either independent contractors or employees has been under an ever increasing strain. States like California and Washington find that the old employee/independent contractor dichotomy no longer adequately addresses the unique and novel circumstance of gig economy workers in their states. As such, these states have worked with both gig-based companies and labor organizations to find legislative and regulatory solutions. Other countries like the United Kingdom have followed suit by reclassifying workers to adapt to the increase of gig-based work.

Zachary Pyers and Kenton Steele are partners in the Columbus, Ohio office of Reminger Co., L.P.A. Their practices focus on a wide variety of litigation and emerging technologies. They host the Reminger Report Podcast on Emerging Technologies. They are Co-Authors of the book Ridesharing Law and Liability, published by the American Bar Association. They are also Adjunct Professors at Capital University where they teach various courses focused on litigation and on emerging technologies.

Reminger is a full service law firm.