Jon Pinkus, Global News Radio, gig workers rights and more

Interview Summary

A recent report from an Ontario committee has suggested that gig workers, particularly those that are app-based, deserve and need more rights. As the workforce and the industry experiences more growth and changes, worker rights regarding health and safety, and benefits have not kept up. What can gig workers do to protect their own interests? Will employers of app-based employees need to implement new policies?

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP joins Jeff McArthur on Global News Radio 640 Toronto to answer these questions and more.

Interview Notes

Who are app-based and gig worker employees?

Employees who work for apps such as Uber and Skip The Dishes are considered gig workers. Some app-based workers can also be considered dependent contractors. Dependent contractors are invoiced instead of paid directly from the source, work on a contract basis but work solely for one client. There are no definitions for dependent contractors in the statute.

Are Uber drivers considered to be dependent contractors?

Uber drivers can be considered quite a bit more than dependent contractors and are in fact in an employment relationship with their employer. There is currently an ongoing class-action lawsuit on behalf of Uber drivers in order to pursue better employee rights and protections for Uber drivers.

Have the courts determined Uber driver employee status?

While the courts have not decided upon the classification of Uber drivers just yet, it is an ongoing issue. Courts have however have been recommended by many committees to expand the definition of employee to include dependent contractors.

LEARN MORE ABOUT CONTRACT WORKERS
Independent Contractor vs. Employee

What protections are being recommended for app-based gig workers?

By expanding the definition of employee to include dependent contractors, gig workers would be inclined to all of the rights and protections that employees have. Employee protections would include vacation pay, leave of absence, overtime pay, severance,  etc. It is incredibly important for dependent contractors to have these protections in place as there has been a big shift in the economy regarding gig-worker companies. Some could argue that the Employment Standards Act has not kept up with the changes occurring in the economy.

Are app-based employers embracing employee rights for their workers?

There has been a lot of anxiety exhibited by app-based employers as it has been in their best interest to treat their workers as contractors instead of employees.