- Dean Reuter, The Federalist Society
- Professor John Yoo, California-Berkeley Law
In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. Author and Editor Jonathan Adler joined us along with two chapter authors, Brian Fitzpatrick and Richard Lazarus, to discuss their contributions to this important volume.
Do state laws banning surcharging credit card transactions violate the First Amendment? A case before the Supreme Court, Expressions Hair Design v. Schneiderman, will consider whether these laws unconstitutionally restrict speech communicating price information or whether they simply regulate economic activity. Jeffrey Harris, Partner at Kirkland & Ellis LLP, discusses the case. The Supreme Court will hear oral argument on January 10, 2017.
The “Sharing Economy” is a complex phenomenon that has disrupted industries and transformed how we live and work, but experts can’t even agree on what to call it. Lawyers, public policy experts, academics and workers weigh in to define this dynamic phenomenon and to discuss legal and regulatory issues that emerge as these platforms play an increasingly role in our society.
The “gig" or “on demand" economy may be the fastest growing segment of our economy, with 22.4 million consumers spending $56.6 billion annually. By 2020, according to some studies, 7.6 million Americans will be working as independent contractors in the gig economy. At the same time, however, the U.S. Department of Labor has narrowed standards for classifying workers as independent contractors, and entered enforcement partnerships with 30 States looking to find misclassified independent contractors in order to increase workers' compensation, unemployment and employment tax revenue. A battle has begun between regulators and entrepreneurs, between independent contractor and employee status. This panel will explore who should win, who will win, and whether there is a third way – creating a new legal category, the “independent worker," for those who occupy the grey area between employee and independent contractor.
This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC.
Labor & Employment Law: The Battle for the Gig Economy
1:45 p.m. – 3:15 p.m.
The Mayflower Hotel