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Dec. 16, 2016
A new 'Lochner era' is emerging with the gig economy
Many workers who participate in the gig economy do not meet the legal definition of "employee" because of their contingent status. Consequently, many labor and employment laws do not protect them. By Reuel Schiller
Most lawyers didn't take legal history in law school, but I know that many of you remember the case Lochner v. New York, decided by the U.S. Supreme Court in 1905. Lochner involved a constitutional challenge to a New York state occupational health law that limited the number of hours bakers could work each day. The employer argued that this law interfered with his workers' right to contract out their labor on whatever te...
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