Tom Cushing, JD, MBA has operated within the evolving structural environment of work throughout his careers as an attorney, corporate executive, legal recruiter, and freelancer (As he says: “an Adjunct Professor, after all!”). Cushing is a Senior Adjunct Professor at Golden Gate University teaching employment law, negotiation, and Corporate Social Responsibility-related courses.
What is the Gig Economy?
It’s an environment in which work is temporary, done primarily by so-called independent contractors and moderated by the internet in several ways.
What can people expect to hear at your seminar on the Gig Economy?
The seminar will start with some big picture context about the evolving economy and then define terms. There’s a lot of overlap among non-traditional work types. We’ll look at the slippery numbers associated with the obvious growth of the Gig Economy, and the two primary types of gig workers. Then we’ll talk about the messy ways the law currently sorts workers, and why that’s so important to all concerned. Folks will get a chance to be the judge and try their hand at applying the current rules to an actual case. Then we’ll conclude with some reform proposals and takeaways for workers or next year’s budding (or is it “bro”-ing?) “Kalanicks.”
What has changed socially and economically that has birthed a Gig Economy?
In the very big picture, there has been a “war on overhead” (fixed costs) since roughly the 1980s. If major expense items like labor are made “variable” with the amount of business activity, then companies can be agile enough to stay competitive across the business cycle. US workers may be hired or shed “at-will“ — meaning that those individuals, rather than their companies, bear most of the risk in that business cycle.
Technology has also tended to replace human labor, and the jobs it does create are often lower skilled and lower paid. That, combined with a relatively abundant, inclusive workforce (as well as global outsourcing competition) has reduced workers’ relative bargaining power. They’re settling for fewer benefits and less security at work, making it possible to convert large numbers to contractor status (albeit with some legal risk). Contractors are “purely“ variable, as they are only engaged – and paid – when they’re specifically needed.
Connectivity via the web has certainly accelerated these changes. It has also created whole new approaches to businesses like urban transportation, as just one obvious example.
It’s now good to be an investor or an owner, rather than a worker, as U.S. wealth-disparity problems demonstrate. As an aside, I’ve noticed that how various commentators weigh the relative importance of these factors, and whether they consider these trends to be problematic, seems to depend on whether the writer expects to profit from them.
Gig Economy: What is it? What’s It Mean to Me, and What’s Ahead?
Tom Cushing will be presenting a seminar on the Gig Economy on Tuesday, April 24 from 6:30-8:30 pm at GGU (Room 3201). You can attend the seminar either in-person or online (via ZOOM).
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The seminar is open to GGU undergraduates and alumni. Graduate students have priority for registrations, but space is limited.
What about this phenomenon in California and the Bay Area?
The Bay Area tech industries are at the epicenter of these trends, as demonstrated by the likes of Uber, Task Rabbit, Upwork, Craigslist, and others. Tech firms are busily creating the future, and flexibility is an important element in their thriving. At the same time, it’s instructive to note that most of the California legal rules were established in the context of the ebbs and flows of agricultural work during the last century. There are similarities to today’s circumstances, but it’s not clear that those rules well-serve this fast-changing economy.
Can you give an example of career paths that are relevant to the Gig Economy?
“Path” is an interesting term, as it implies proceeding and building in some career direction. There is much to be resolved, as above, but “staying current” and “seeking growth sectors” (e.g., health care?) are relatively timeless good advice, if not comfort.
I think the term “career” is being redefined. “Thirty-years-and-out” is an artifact of a much more stable time and worker heyday. I think that today’s worker has to be ever-vigilant for the next new opportunity and accept the dislocations and turmoil that come with job-hopping. They also need to retain their own “agility” – meaning low, fixed personal costs, and high investment in retraining.
Does surviving in the Gig Economy have to do with transferable skills or building new skills?
“Yes.” We’ll see that there are those who dabble for some extra dough on the side, and many others who are treading water – only staying afloat by hustling among several ‘gigs,’ all of them insecure. Those latter are usually lower skill and lower paid.
/Rant on: As is typically American (and implied in the question), we tend to look at this as everybody’s individual responsibility – to accept the system as it is, and to protect your own personal interests as best you can. But there’s a dawning, systemic public policy issue here – that nobody wants to address. What kind of society do we want to be – and what kind of social contract will there be among us? Is the Gilded Age really something we want to repeat? You know we’re a lo-o-o-ng way from constructively dealing with these issues when even Social Security, which we’ve paid into for decades, is labeled an “entitlement” for political purposes. /Rant off.
That said, in the short-run, micro sense, you are captain of your skillset. A significant trend in education is gaining specific vocational skills via certificate, rather than degree. You want to be among those higher-paid “giggers,” so tending that skill set by adding new capabilities in the programming arena, for instance, will be important.
How does one discover one’s secondary talents?
Learning to juggle?
You can register for the Gig Economy seminar or any seminar in the Innovation in Practice series on Eventbrite.