Brigham Young University Prelaw Review


worker classification, Fair Labor Standards Act, gig economy, independent contractor, dependent contractor, Uber, employee


The advent of the gig economy has disrupted the current dichotomy of legal worker classification. Companies such as Uber, GrubHub, and AirBnb hire low-level workers as independent contractors, yet demand that these workers follow a litany of requirements as if they were employees. This apparent crossover between employee and independent contractor has caused serious confusion among workers and led to several class action suits around the country. In this paper we address this issue, as well as proposing that a third worker classification be established, the “dependent contractor,” which would provide protections and rights for those working in the gig economy.

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