Ian Carleton Schaefer Quoted in “GrubHub Wage Trial Could Deliver Message in Heart of Gig Economy”

Bloomberg BNA Daily Labor Report

Ian Carleton Schaefer, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in the Bloomberg BNA Daily Labor Report, in “GrubHub Wage Trial Could Deliver Message in Heart of Gig Economy,” by Jon Steingart.

Following is an excerpt:

A trial underway in a federal court in San Francisco could have a big impact on whether gig workers are classified as employees or independent contractors (Lawson v. GrubHub Holdings, Inc., N.D. Cal., No. 3:15-cv-05128, trial 9/11/17).  …

“It would be cited as at least being persuasive,” Ian Schaefer, a member of Epstein Becker & Green P.C., in the law firm’s employment, labor, and workforce management practice, told Bloomberg BNA. “This is the heart of the gig economy in California. I think it would have instructive effect and an impact on litigation and the arguments of litigants going forward.”

“There’s this concept that the gig economy is startup companies where everybody is engaged as a contractor, and it’s on demand, and it’s all app-based,” Schaefer said.

“The reality is that everyone’s operating in a gig economy, every company,” he said. Schaefer co-leads Epstein Becker’s technology, media, and telecommunications service team and is co-editor of its Technology Employment Law blog.

“It’s not new—we’ve had temp agencies for 50 years—but the lines between traditional employee and more flexible employee are becoming more blurred,” Schaefer said. “The gig economy affects not just emerging companies in Silicon Valley, but it affects Fortune 100 companies equally.”