Thursday, June 9, 2016
A recent Fourth Circuit decision (authored by Judge Wilkinson) upheld a jury's finding that a group of exotic dancers were indeed employees rather than independent contactors. An interesting commentary in the Chicago Tribune looks at the applicability of this exotic dancer case to the treatment of Uber drivers and the litigation involving the gig company. The piece discusses the economic realities/control test applied by the court. From the Chicago Tribune:
“What's fascinating about the opinion is that most of the factors that Wilkinson cited could be applied to Uber drivers. Uber doesn't set drivers' schedules. But it lays down detailed rules and guidelines. It sets fees. It advertises. . . One takeaway from this case is therefore that courts may be more likely to call gig workers employees than the existing legal tests would suggest.”
This commentary provides an interesting read and serves as an important reminder that the question of who is an employee can arise across a broad spectrum of workplaces.