PROFESSOR SAMANTHA PRINCE QUOTED IN INVESTOPEDIA ARTICLE ON GIG WORK
January 2024 — Professor Samantha Prince was recently quoted in an Investopedia article titled, “New Worker Classification Rule Could Disrupt the US Gig Economy.” The article discusses the impact of recent federal agency rulemaking on gig workers.
Uber and other app-based businesses currently classify certain workers, like drivers, as independent contractors. A new U.S. Department of Labor rule changes the test to determine how workers are classified — creating a factor test that is a modification of one used years ago. In this article, Professor Prince posited that many Uber drivers likely meet four of the six factors to be classified as employees but clarified that such a determination is dependent upon a court’s weighing of the factors.
Some independent contractors believe that if you are an employee, you lose flexibility to choose when you work. That is an American cultural problem not a legal problem. In the article, Professor Prince states: “There's no law that says that you can’t be an employee and have flexible hours.”
Professor Prince has written and spoken on worker classification laws extensively. Recently, she and two student co-authors, Lauren Stahl and Taylor Haberle, responded to the DoL’s request for comment on this new rule that will go into effect in March. She has also done research in this area, solidifying her status as an expert on worker classification and the gig economy. Her article entitled “The AB5 Experiment — Should States Adopt California’s Worker Classification Law?” was published in the American University Business Law Review in 2022. It provides a detailed look at California’s AB5 law. Another article, “The Shoe Is about to Drop for the Platform Economy: Understanding the Current Worker Classification Landscape in Preparation for a Changed World,” was published in the University of Memphis Law Review and featured on Workplace Prof Blog. It provides a compendium of the current state of worker classification laws around the world.
Professor Samantha Prince is an Assistant Professor of Law and Director of Legal Analysis & Writing at Dickinson Law. She has a Master of Laws in Taxation from Georgetown University Law Center and was a partner in a regional law firm where she handled transactional matters that ranged from an initial public offering to regular representation of a publicly-traded company. Most of her clients were small to medium sized businesses and entrepreneurs, including start-ups. A significant part of her practice was in employee benefits including retirement plan design and operation. She is an expert in company benefits schemes and retirement plans. In furtherance of her interest in aiding entrepreneurs, she is the founder and moderator of the Inside Entrepreneurship Law blog. Her research mainly comprises 401(k) plans and other employee benefits, and app-based work.