Employment lawyers should keep an eye on future battlegrounds for wage and hour actions that include the reliance on staffing agencies, the changing status of domestic workers, and the proliferation of app-based work, attorneys said.
The so-called gig economy has been a focus of wage and hour litigation and legislation, particularly around ride-hailing apps. While they will continue to dominate public discourse on the employer-employee relationship, other industries and work structures — such as temporary staffing and the spread of app-based work to hospitality work, for example — are emerging as key sectors to watch. …
Here, Law360 explores these emerging fault lines and innovations in wage and hour law….
Encroachment of App-Based Work …
App-based work will become a feature of all industries, including in traditional non-gig spaces, said Jeff Ruzal, a member of management-side firm Epstein Becker Green.
"It's a way for companies that don't necessarily have the need for long-term, full-time employment and individuals who likewise don't have any desire to be employed on a full-time ongoing basis in perpetuity," Ruzal said.
App-based work allows employers to fill a shift when it's difficult to get coverage, such as the late-night shift, or because the worker called out sick at the last moment, Ruzal said.
"I don't think that there's necessarily limitations to the gig economy," he said. "I think it's going to continue to expand."