On the Job, Off the Books: Organizing Against Worker Misclassification in the Neoliberal Era

Abstract

Worker misclassification is a form of precarious employment in which employers illegally designate their employees as ‘independent contractors’ to cut labor costs. Non-standard employment arrangements and the emergence of the misclassification problem are expressions of neoliberal economic reform and attendant shifts in managerial strategy. Although scholars and government statisticians have documented the prevalence of worker misclassification, extant research on labor-organizing campaigns in response to this practice is lacking. This paper presents case studies of two successful organizing campaigns against worker misclassification: (1) a United Brotherhood of Carpenters and Joiners of America (UBCJA) effort in the Northeastern construction industry and (2) a Teamsters campaign focused on the West Coast port trucking industry. Both campaigns employ similar frames highlighting competition, free markets, and the necessity of industrial change to achieve these ideals. We conclude with a discussion of the prospects and limitations of these organizing strategies given the countervailing political and economic headwinds posed by neoliberal restructuring.

Laws, Policies, and Collective Agreements Protecting Low-wage and Digital Platform Workers During the COVID-19 Pandemic

“…25,[30][31][32] Employment misclassification is also a growing challenge in other sectors, including meat packing and parcel delivery. [33][34][35] By employment misclassification, we mean attempts to disguise the employment relationship that have the effect of depriving workers of the social protections that they are due. 36 Misclassification practices exclude increasing numbers of workers from large portions of our employment standards and social safety nets, 37 such as minimum wage standards, unemployment income benefits, and workers' compensation coverage.…”