Commentary: What exactly is a 'gig economy' job? How it is legally defined could affect workers' rights and protections

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Commentary: What exactly is a 'gig economy' job? How it is legally defined could affect workers' rights and protections
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The “gig” economy has captured the attention of technology futurists, journalists, academics and policymakers.

The “gig economy” has captured the attention of technology futurists, journalists, academics and policymakers.

Confusion over the meaning and size of the gig workforce – at times the intentional work of companies with a vested economic interest – can obscure the problems gig status can have on workers’ earnings, workplace conditions and opportunities.Many trace the phrase “gig economy” to a 2009 essay in which editor and author Tina Brown proclaimed: “No one I know has a job anymore. They’ve got Gigs.”

The imprecision of gig therefore connotes different things: Some uses focus on the temporary or “contingent” nature of the work, such as jobs that may be terminated at any time, usually at the discretion of the employer. A conservative estimate from the Bureau of Labour Statistics household-based survey of “alternative work arrangements'' suggests that gig workers “in non-standard categories” account for about 10 per cent of employment.

Various estimates do suggest several common themes, however: Gig work is sizable, present in both traditional and digital workplaces, and draws upon workers across the age, education, demographic and skill spectrum.

Federal and state laws differ in the factors they draw on to make that call. A key concept underlying that determination is how “economically dependent” the worker is on the employer or contracting party.

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