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The court ruled in favor of the Dynamex drivers, agreeing that they had been misclassified as independent contractors and are, in fact, employees. The ruling also concluded that employers could only classify as independent contractors those workers who meet the conditions laid out in the "ABC standard" established in other states:(a) that the worker is free from control and direction over performance of the work, both under the contract and in fact; (b) that the work provided is outside the usual course of the business for which the work is performed; and (c) that the worker is customarily engaged in an independently established trade, occupation or business (hence the ABC standard).

While some of these workers may be independent contractors by choice, others, like the Dynamex drivers, were forced into the classification by employers looking to save money. The National Employment Law Project estimates that employers can reduce payroll and other taxes by up to 30 percent by re-classifying employees. State-level studies on the issue, meanwhile, have uncovered extremely high misclassification rates—a series of audits in Ohio found that 47 percent of workers were misclassified. (This misclassification, not surprisingly, costs federal, state, and local governments hundreds of millions of dollars in lost tax revenues.)

Although it would seem straightforward that the laws protecting workers should also apply to workers in what is described as the ‘gig economy’ or ‘platform-based work’, there is much debate – and confusion – on this issue. This lack of clarity stems in part from the novelty of platform-based work. There has also been an effort to conceal the nature of platform-based work through buzzwords such as ‘favours’, ‘rides’, and ‘tasks’ as well as the practice common to many platforms of classifying their workers as independent contractors. Platform-based work includes ‘crowdwork’ and ‘work-on-demand via apps’. In crowdwork, workers complete small jobs or tasks through online platforms, such as Amazon Mechanical Turk, Crowdflower, and Clickworker.  In ‘work-on-demand via apps,’ workers perform duties such as providing transport, cleaning, home repairs, or running errands, but the workers learn about these jobs through mobile apps, from companies such as Uber, Taskrabbit, and Handy. The jobs are performed locally.

Platforms mediate extensively the transactions they have with their workers, and also between the customers and the workers.  Platforms often fix the price of the service as well as define the terms and conditions of the service, or they allow the clients to define the terms (but not the worker). The platform may define the schedule or the details of the work, including instructing workers to wear uniforms, to use specific tools, or to treat customers in a particular way. Many platforms have performance review systems that allow customers to rate the workers and they use these ratings to limit the ability of lower-rated workers to access jobs, including by excluding workers from their system. The amount of direction and discipline that clients and platforms impose on workers, in many instances amounts to the degree of control that is normally reserved to employers and is normally accompanied by labour protections such as the minimum wage, limits on working time, and contributions to social security. This recent ILO study provides more detailed analysis on these features of platform-based work.