But although the gig economy model is popular among both employers and workers, there is a fierce debate throughout the industry about who is or is not an employee, and what benefits they have a right to. This has been a global trend highlighting disputes around the world. Several recent ruling and proposals provide a foundation for understanding both sides of the debate.

Uber vs. European Court of Justice: In December 2017, the European Court of Justice ruled that Uber is, in fact, a transportation services company and must abide by the same rules and regulations as its peers in the sector. Uber had argued that it was a technology company, and therefore should not be required to pay its drivers minimum wage and for holidays. While this ruling does not immediately impact Uber's operations in the U.S. or other parts of the world, it does send a strong signal that regulators and legislators are more interested in the service that a company provides than in how the company presents itself. This could have far-ranging implications for other so-called technology companies that are trying to keep labor costs low (The Guardian).

Pimlico Plumbers vs. Gary Smith: Last February, London-based Pimlico Plumbers lost its ability to designate its employees as independent contractors after contract worker Gary Smith successfully argued that the requirements imposed on him by Pimlico (driving company vehicles, wearing a uniform, working a minimum amount of hours) should require employee status and the benefits that follow (The Telegraph). This should send a warning to companies with extensive requirements for their gig economy workers that these may be used as evidence against a "contractor" designation.

Bloomberg LP Overtime Settlement: In 2016, Bloomberg LP reached a $3.2 million settlement after it was determined that part-time employees who were expected (but not explicitly required) to come in early, work through lunch, or prepare for work while at home were entitled to overtime (Fortune). This ruling could have a knock-on effect for gig economy employees who work beyond a 40-hour week, or who do not have mandated meal breaks and rest periods.

Sen. Mark Warner's 'Portable Benefits' bill: A major part of the debate around employment classification in the U.S. focuses on the lack of state-provided healthcare, which is commonplace throughout the EU. To address this problem, Sen. Mark Warner's (D-Va.) proposed a "Portable Benefits" pilot program bill that would fund "test drives" of benefit schemes that follow workers from job to job. For instance, one proposal calls for a savings accounts for health or other expenses that could be deducted from gig-economy paychecks and transfer across different positions, in a manner similar to social security (Quartz). Joseph Morelle, the number two Democrat in the New York State Assembly, introduced a similar bill, though finding funding for the program has been difficult (Bloomberg). Although neither bill has gained much traction as of yet, it's a sign that Federal and state legislators are paying attention to the gig economy and actively discussing potential solutions.

Washington state benefits bill: Washington is another state that is attempting to pass legislation designed to protect gig economy workers. In 2015, the state recognized the ability of gig economy workers to unionize, and, in October 2017, State Legislature Member Monica Stonier introduced a bill that would require gig economy companies to provide contributions to health insurance, paid time off, retirement and workers' comp. The bill was also endorsed by tech titans like Amazon founder Nick Hanauer, which shows that some companies are also advocating for a solution (Fortune).

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Pending legal challenges for the gig economy

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