Perhaps the most significant development involving independent contractor compliance and misclassification issues in December 2021 received relatively scant attention: a detailed empirical study based on survey results of a cross-section of Americans entitled “The State of Gig Work in 2021.” The study was undertaken by Pew Research Center, a non-partisan think tank. One of its most important conclusions involves the self-perception of gig workers: “65% see themselves as independent contractors, while 28% view themselves as employees.” Another key conclusion is that almost twice as many Americans support maintaining the status quo in government regulation of companies using gig economy workers. These and other results of the study are likely to influence federal and state legislators who may consider changing existing laws governing independent contractors. The study confirms that an overwhelming percentage of freelancers and other gig workers want legislators and government agencies to take a hands-off approach and leave existing independent contractor laws intact. These and other conclusions of the study are discussed in more depth below.
What were some of the other key legal developments last month? As described below, the NLRB is proposing to change its test for independent contractor status, although any such modification is likely to be reversed by the courts; the gig economy platform, DoorDash, is paying up to $100 million to settle independent contractor...
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