03.12.2021

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General News

Senior Counsel Chris Wilkinson was quoted in “Uber Will Push to Shape Direction of Biden Gig Worker Regulation,” an article in Bloomberg Law, regarding his thoughts on the U.S. Department of Labor’s role in gig worker classification and workers’ benefits.

Chris Wilkinson, former associate solicitor for civil rights and labor management at the DOL, said the agency could implement guidance that will likely go in the direction of the ABC test, given Biden’s platform.

Chris said there is growing interest in proposals for a third classification of workers that receive “portable benefits” that they can take from job to job without being classified as an employee.

“This could pave the way toward incremental changes that allow workers to still be classified as independent contractors and retain benefits,” Chris said. “It’s different than the Obama years when the government dug in to classify as many workers as they could as employees. There is now some precedent for some middle ground.”