Industrial and Labor Relations Review · 2020 · 18 citations · 11 references
LawConstruction ManagementLabor LawConstruction EconomicsLabor EconomicsLabor PolicyEmployment DiscriminationGig Work RegulationLabor Law In ConstructionTrade UnionismUnion EconomicsWage DiscriminationConstruction Worker ClassificationControl Of Independent ContractorsDiscrimination In Construction EmploymentEnforcement Of Worker ClassificationGig Economy ClassificationGig Economy Labor PolicyGig Worker RightsUnion Density Determinants
The misclassification of employees as independent contractors has been the focus of recent attention as a result of the implementation of that employment model by ride-share and other gig employers. But the practice long predates the emergence of the gig economy, particularly in the construction industry. This article traces the history of misclassification in construction and the subsequent emergence of a cash-based underground system of compensation, which have lowered standards and been among the major causes of the decline of union density in the industry. In addition, the author examines the regulatory environment at the federal level, which has largely enabled misclassification as well as attempts by state agencies to adopt more aggressive enforcement policies.
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