Book contents
- Advance Praise for The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
- The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
- The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
- Copyright page
- Contents
- Contributors
- Preface
- Acknowledgments
- Part I Introduction
- Part II Labor Law Is Out of Date
- Part III The “Fissured” Workplace
- 11 Some Problems With NLRA Coverage
- 12 Twenty-First Century Employers
- 13 The Problem of “Misclassification” or How to Define Who Is an “Employee” under Protective Legislation in the Information Age
- 14 Rupture and Invention
- 15 Contemplating New Categories of Workers
- 16 Balancing Flexibility and Rigidity
- Part IV Barriers to Forming a Collective Bargaining Relationship
- Part V Barriers to Bargaining a Good Contract
- Part VI Unions, Civil Society, and Culture
13 - The Problem of “Misclassification” or How to Define Who Is an “Employee” under Protective Legislation in the Information Age
from Part III - The “Fissured” Workplace
Published online by Cambridge University Press: 01 November 2019
- Advance Praise for The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
- The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
- The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century
- Copyright page
- Contents
- Contributors
- Preface
- Acknowledgments
- Part I Introduction
- Part II Labor Law Is Out of Date
- Part III The “Fissured” Workplace
- 11 Some Problems With NLRA Coverage
- 12 Twenty-First Century Employers
- 13 The Problem of “Misclassification” or How to Define Who Is an “Employee” under Protective Legislation in the Information Age
- 14 Rupture and Invention
- 15 Contemplating New Categories of Workers
- 16 Balancing Flexibility and Rigidity
- Part IV Barriers to Forming a Collective Bargaining Relationship
- Part V Barriers to Bargaining a Good Contract
- Part VI Unions, Civil Society, and Culture
Summary
The problem of determining who is an “employee” under various protective statutes is foundational to the practice of labor and employment law. Any failures of individual bargaining in the employment relationship can be remedied only through collective bargaining or worker protective legislation, both of which require determining which workers are “employees” covered by the relevant statutes. Because the statutory definitions of who is a covered employee are commonly very general and self-referential, the courts have adopted a series of legal tests to provide structure for arguments as to which workers are covered. The tests include the “right-to-control test,” the “economic realities test,” hybrid tests, and more recently, largely at legislative direction, the “ABC test.”
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- Publisher: Cambridge University PressPrint publication year: 2019
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