Episode Details
Back to EpisodesGlamour: The Spell That Turned Employees Into Entrepreneurs
Season 1
Episode 209
Published 2 months, 1 week ago
Description
In folklore, glamour was a spell that made worthless things appear valuable. Today, a digital glamour spell affects millions of gig workers—you look like an independent business owner but function as an employee with zero protections. This isn't new. The construction industry perfected this con in the 1980s, and Silicon Valley just gave it a software update.
00:00 - Opening: Folklore and the original meaning of glamour
02:15 - The modern gig economy con: Independent contractor classification
06:30 - How platforms engineered the illusion of entrepreneurship
11:45 - The construction industry precedent: Where this started
16:00 - Why misclassification matters and who it harms
18:30 - Closing thoughts on the ongoing illusion
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Sources & further reading:
• The Century Foundation — "Up to 2.1 Million U.S. Construction Workers Are Illegally Misclassified or Paid Off the Books": https://tcf.org/content/report/up-to-2-1-million-u-s-construction-workers-are-illegally-misclassified-or-paid-off-the-books/
• Economic Policy Institute — "Misclassification, the ABC test, and employee status: The California experience": https://www.epi.org/publication/misclassification-the-abc-test-and-employee-status-the-california-experience-and-its-relevance-to-current-policy-debates/
• UK Supreme Court — Uber BV v Aslam [2021] UKSC 5, summarized by Library of Congress: https://www.loc.gov/item/global-legal-monitor/2021-03-17/united-kingdom-uber-drivers-are-workers-entitled-to-employment-law-protections-supreme-court-rules/
• Robert Wood, Forbes — "FedEx Settles Independent Contractor Mislabeling Case For $228 Million": https://www.forbes.com/sites/robertwood/2015/06/16/fedex-settles-driver-mislabeling-case-for-228-million/
• Independent Contractor Compliance — "Self-Inflicted IC Misclassification Wounds: FedEx's Settlement Payments Nearing $500 Million": https://www.independentcontractorcompliance.com/2016/10/24/self-inflicted-ic-misclassification-wounds-how-did-fedex-bludgeon-itself-into-pay-nearing-500-million-to-settle-claims-that-it-could-have-avoided/
• CNN Business — "Prop 22: Uber and Lyft's $185 million campaign in California": https://www.cnn.com/2020/10/08/tech/proposition-22-california
• UC Berkeley Law — "Uber, Lyft Win on Prop 22: The Most Expensive Ballot Measure in California's History": https://sites.law.berkeley.edu/thenetwork/2020/11/16/uber-lyft-win-on-prop-22-the-most-expensive-ballot-measure-in-californias-history/
• Huck Magazine — "How Spain's attempt to fix the gig economy left riders worse off": https://www.huckmag.com/article/inside-spains-failed-plan-to-fix-the-gig-economy
• EU Observer — "EU gig-workers still exploited, despite landmark laws": https://euobserver.com/labour/ar180699bf
• Freshfields — "The EU Platform Workers Directive: effective as of 1 December 2024": https://www.freshfields.com/en/our-thinking/blogs/technology-quotient/the-eu-platform-workers-directive-effective-as-of-1-december-2024-what-does-thi-102jqg1
• Manatt, Phelps & Phillips — "Landmark Legislation AB5 Codifies Dynamex ABC Test and More": https://www.manatt.com/insights/newsletters/employment-law/landmark-legislation-ab5-codifies-dynamex-abc-test
• JD Supra / Troutman Pepper Locke — "Are Direct Selling Companies the Next Targets for Independent Contractor Misclassification Claims?": https://www.jdsupra.com/legalnews/are-direct-selling-companies-the-next-52258/
• Jacobin — "With Prop 22's Passage in California, Tech Companies Are Just Writing Their Own Laws Now": https://jacobin.com/2020/11/proposition-22-california-uber-lyft-gig-employee
• OSHA EU — "Spain: The 'Riders' Law', New Regulation on Digital Platform Work": https://osha.europa.eu/sites/default/files/2022-01/Spain_Riders_Law_new_regulation_digital_platform_work.pdf
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