What Canada can learn from Joe Biden about protecting gig workers
that would look at a variety of tests to determine whether a worker is an employee. This would rescind a Trump administration change that tilted the scales in the other direction, making it easier to treat gig workers as contractors. The Biden shift is set to include questions such as “whether the work is integral to the employer’s business.
Precisely how the new rules are going to play out south of the border is still unclear. But the U.S. Labour department’sused strong language. It said the misclassification of workers denies rights, “promotes wage theft,” and “hurts the economy at-large.” In Canada, governments have for years been muddling along on this question, while generally dodging the main employee-contractor issue. In 2019, the federal Liberals said that digital gig workers deserved “greater labour protections,” and in 2021 they talked about a future of employers of gig workers paying EI and CPP contributions, “as any employer would.
Ontario also promised new rules and delivered – but the benefit to workers has been minimal. The Doug Ford government this year passed Bill 88, which enacted the Digital Platform Workers’ Rights Act. It includes a minimum wage, but only for so-called “engaged” time. It means that the time when a driver is in between deliveries or fares doesn’t count, as if it’s some kind of a holiday. The law also specifically avoided declaring gig workers as employees.
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