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Labor/Employment

Jul. 25, 2015

Time to ax employee/independent contractor dichotomy?

It may be time to scrap the centuries-old independent contract versus employee dichotomy and recognize intermediate categories of employment.

Peter Hering

Rutan & Tucker LLP

Email: phering@rutan.com

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An archaic legal dichotomy recently has been making national headlines, including the following: "California Says Uber Driver is Employee, Not a Contractor" (New York Times, June 17, 2015); "Do Uber Drivers Really Want to Be Full-Time Employees?" (Wall Street Journal, July 9, 2015); and "Clinton says she'd 'crack down' on independent contractor abuse. Obama already has." (Washington Post, July 15, 2015).

What explains the renewed...

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