As many if not most of have seen, the gig economy is a new kid on the block in the world of commerce. During the lockdown of the pandemic, the gig economy, particularly food delivery services grew significantly—such services are now ubiquitous. Those working in the gig economy, including such familiar names as Uber, Lyft, Grubhub, Doordash and others all have one common component of their work—they pick and choose where and when they will work.

Given this autonomy, the question has arisen whether these persons are independent contractors or employees. Cases around the country addressing the issue are split, as one might expect. Recently, the Department of Labor has proposed a regulation that attempts to distinguish between independent contractors and employees.

This CLE course will provide an overview of the issue of when a worker is an employee and when an independent contractor. The program will provide a brief history of the evolution of the subject and an analysis of the proposed DOL regulation.