The coming fight over the gig economy, explained

The coming fight over the gig economy, explained

Recent highlights:

1. In 1968, the Supreme Court ruled in its United Insurance decision that the obvious purpose of Congress excluding independent contractors from the law was to have the NLRB and courts apply the common-law agency test when distinguishing an employee from an independent contractor.

2. The Biden administration's 184-page proposed rule would change how the federal agency determines who constitutes an employee or an independent contractor under the Fair Labor Standards Act, the 1938 law that determines eligibility for protections like minimum wage, overtime, Social Security, and unemployment insurance

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