Lunch & Learn: Workers in the On-Demand Economy September 16, 2015 Nayantara Mehta Senior Staff Attorney nmehta@nelp.or g The Changing Nature of Work § § From 10-30 percent of U.S. workforce is “contingent” Contingent work is temporary, unstable, or precarious: - On-call workers (called to work only as needed) - Temporary agency workers, including “perma-temp” workers - Subcontracted workers (workers for a labor supplier that provides workers for one company, at company’s worksite) - (Misclassified) independent contractors Source: GAO, 2015; ProPublica, 2013. Examples of Contingent Work I it POSTMATES UBER NAHUNAL EMPLOYMENT LAW PROJECT Major Companies in the On-Demand Economy Source: NELP, “Rights on Demand: Ensuring Workplace Standards and Worker Security in the On-Demand Economy ” (2015), available at www.nelp.org. What it Means to be an “Employee” § Minimum wage § Overtime pay § Compensation for on-the-job injuries § Unemployment insurance § Protection against discrimination, harrassment § § Benefits Federally protected right to join a union and collectively bargain 1. Placeholder for a footnote or citation of a source of data. 2. GAO, 2015; ProPubl ica, 2013 . 3. Placeholder for a footnote. Possible Solutions: Challenge Independent Contractor Status “Eight states have issued rulings that classify Uber drivers as independent contractors: Georgia, Pennsylvania, Colorado, Indiana, Texas, New York, Illinois, and California, which made such a ruling in 2012 that applied to only a specific case.” Possible Solutions: Protect Contingent Workers? Right to Organize fr Agricultural Labor Relations Board "LaLeyLaboraJ" GIVING DRIVERS AVOICE Taxicab Regulation and Licensing in Montgomery County, Maryland NATIONAL EMPLOYMENT LAW PROJECT Possible Solutions: Give Workers a Collective Voice § § Washington already allows collective bargaining for the following categories of non-state employee workers1: - Adult family home providers - Child care providers - Home care individual providers - Language access providers Since home care providers got the right to collectively bargain, they have achieved: - A doubling of pay, from an average of $7 to $14/hour - Paid time off, tax withholding, workers comp, quality health insurance, training programs 1. Washington State Offi ce of Financial Management Resources § National Employment Law Project: Rebecca Smith, Deputy Director, rsmith@nelp.org Nayantara Mehta, Senior Staff Attorney, nmehta@nelp.org “Rights on Demand: Ensuring Workplace Standards and Worker Security in the On-Demand Economy” http://www.nelp.org/publication/rights-on-demand/ National Employment Law Project 75 Maiden Lane, Suite 601 New York, NY 10038 212-285-3025 tel 212-285-3044 fax 405 14th Street, Suite 401 Oakland, CA 94612 www.nelp.org ©2015 National Employment Law Project. This presentation is covered by the Creati ve Commons “Attribution-NonCommercial-NoDerivatives” license fee. 10