As the number of platform workers —those who operate via mobile applications and digital platforms— continues to rise, so too does the debate surrounding their employment status under the Labor Standards Act (the “LSA”). On the one hand, these workers are often viewed as independent contractors, not employees subject to the protections afforded under the LSA. On the other hand, some argue for a broader interpretation of the LSA to recognize platform workers as employees entitled to the protections of the LSA, reflecting the growing social need to protect platform workers under the evolving nature of platform businesses. In this article, we will examine how the courts have addressed the employment status of platform workers in two recently adjudicated cases.

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