Chapter 1
Chapter 1
Chapter 1
I n June 2006, tech journalist Jeff Howe noticed that the Internet was
reshaping the boundaries of work.The long-standing distinction between
employees working for large companies and amateurs engaging in their
craft as a hobby had become increasingly blurred:
Hobbyists, part-timers, and dabblers suddenly have a market for their efforts,
as smart companies in industries as disparate as pharmaceuticals and television
discover ways to tap the latent talent of the crowd. The labor isn’t always free,
but it costs a lot less than paying traditional employees. It’s not outsourcing; it’s
crowdsourcing.1
Crowdsourcing, he subsequently explained, is the ‘act of taking a job trad-
itionally performed by employees and outsourcing it to an undefined, gen-
erally large group of people in the form of an open call’.2 Its rise from
nowhere has been little short of meteoric: a mere decade later, recourse to
the crowd has begun to permeate our daily lives. In cities around the world,
consumers can hail Ubers instead of traditional taxis, order their food
through Deliveroo, request handyman assistance from TaskRabbit, and out-
source small digital tasks on Amazon’s Mechanical Turk (MTurk). Welcome
to the gig economy.
The ramifications are far-reaching.Traditional companies are replaced by
platforms; their long-term employees recast as independent entrepreneurs.
The platform economy, Professor Orly Lobel of the University of San Diego
argues, is ‘not only a paradigmatic shift for business, but also for legal the-
ory’.3 Such bold claims raise a number of issues: are they true? And, in any
event, what is this idea of ‘on-demand work’ in the ‘gig economy’?
In this chapter, we set out to explore how the gig economy works: we
will meet some of the most important platforms, and illustrate their central
role in shaping transactions between consumer and workers. This digital
work intermediation is key to understanding the gig economy: platforms’
Humans as a Service: The Promise and Perils of Work in the Gig Economy. First Edition.
Jeremias Prassl. © Jeremias Prassl 2018. Published 2018 by Oxford University Press.
12 Wor k on De m a n d
relevant factors, from the quality of previous work and current availability
to geographic location, and optimize each match—before charging a small
fee for the service.
Upon closer inspection, however, the platform’s role goes far beyond
mere match-making: it offers digital work intermediation. To deliver tightly
location and category of service.The app connects the rider with a close-by
driver, whose location can be monitored via the app. Information, including
the driver’s name, photo, and car details, is shared with the rider to ensure
easy identification. Once in the car (or beforehand, if the customer wants a
price estimate), the rider enters her destination; an algorithm automatically
tend to understate its extent. Current statistical measures often fail to take
into account the full scope of gig-economy work, not least because they
tend to focus on primary income sources; workers supplementing their
income with gig-economy work are thus likely to be excluded from official
statistics.20
From London to Cape Town, New York to Hanoi, the opportunities and
threats we observe mirror the tensions we will encounter throughout this
book.
Explosive Growth
Despite our problems in pinning down the exact size of the gig economy
today, given its clear—and global—growth trend (the figures cited above will,
in all likelihood, be long outdated by the time you read them), on-demand
work is likely to become an ever-more-salient topic in years to come.23 The
industry is booming. As Micha Kaufman, CEO of task platform Fiverr,
noted as early as 2013:
[A] revolution is taking shape—an entirely different kind of economy. The
labor force of new entrepreneurs, which we call the Gig Economy, is growing
rapidly around the world and could soon represent as much as 50 per cent of
the US workforce.24
Whether it’s the range of tasks offered and industries affected, turnover,
or the numbers of consumers and workers, whichever way you measure
the gig economy, growth rates are enormous.25 Growing consumer demand
18 Wor k on De m a n d
is a key factor driving industry growth: as more and more tasks become
available through online apps, both individual consumers and business users
will come to rely on on-demand work.26 Home-cleaning platform Handy,
for example, grew to bookings worth US$1 million per week within two
years of its launch.27 Uber’s app has proved similarly popular with consumers.
transactions between strangers that could otherwise not have taken place.
That story, however, fails to answer a fundamental question: why are shar-
ing-economy platforms worth so much? How can start-up businesses that
simply rely on matching supply and demand via the Internet quickly be
valued in the millions or billions and lay claim to an economic revolution?
Regulatory Arbitrage
Professor Julia Tomassetti is highly critical of the suggestion that platforms’
primary value creation is achieved through better matching and lower
transaction cost: ‘What happens when we actually subject the Uber narra-
tive to scrutiny under Coasian theory? It does not hold up. From the
Coasian perspective, Uber does not write the epitaph of the firm.’32 Platforms,
she argues, speak the language of markets—but they operate like old-
fashioned employers, relying on technology to exercise tight control over
their workforce.
Tomassetti doesn’t deny that gig-economy platforms have dramatically
lowered transaction cost in comparison with established competitors. Lowering
transaction cost alone, however, cannot account for platforms’ phenomenal
valuations and claims to disruptive innovation: there is, despite all claims to
the contrary, little that is genuinely novel as far as platforms’ production pro-
cesses are concerned. Uber follows the basic lines of a traditional taxi firm;
TaskRabbit, those of a labour-outsourcing agency. The key to understanding
the business model, Tomassetti points out, is a different one: platforms are
but the latest example of ‘postindustrial corporations’.33 They seek ‘to maxi-
mize profit, but not necessarily through productive enterprise. Rather, [they]
may create shareholder value by other means, like asset manipulation, specu-
lative activity, and, most pertinent here, regulatory arbitrage.’34
What does that mean? Victor Fleischer’s seminal work defines regulatory
arbitrage as ‘the manipulation of the structure of a deal to take advantage of
a gap between the economic substance of a transaction and its regulatory
treatment’.35 Firms, in other words, may try to structure their business so as
to hide what is actually going on from regulators and evade the law. His first
example of a ‘pervasive’ arbitrage technique? ‘[F]iring employees and re-
hiring them as independent contractors to avoid employment regulation.’36
T h e Econom ics of t h e Gig Econom y21
if a service provider doesn’t have to bear the full range of costs created by her
product or service, she will end up offering too much of it. The platform
always wins, even if individual workers—and indeed society at large—lose out.
If Kaminska is correct, we are still left with one final question: assuming that
This account stands in stark contrast with the idea that the rise of gig-
economy platforms will lead to increased competition, with lower prices
and higher quality as the result: in the expensive pursuit of network effects,
some platforms’ goal may well be to smother competition, rather than to
encourage it.
Their stories are genuinely inspiring: the flexibility and additional income
of gig work allow many to pursue their goals and fulfil long-held dreams.
Meet Yoseph, who emigrated from Ethiopia to New Haven, Connecticut,
and fits in Uber driving around his university classes: ‘What Yoseph loves
most about driving in New Haven is meeting riders. “Yale attracts all kinds
of interesting people”.’48 Or ‘rockstar mom and Uber Partner, Christine,
who drives to balance marketing for the family business and being in the
stands for all of her son’s baseball games’. Her advice? ‘Do it!’49 And then
there’s Loren: artist, Seattle school bus driver, adventurer. ‘Uber has allowed
her to work flexible hours whenever she wants to “and if you need to take
a nap or get groceries you just turn off the blue button and come back to it
whenever you want”.’50
It is not only workers who are better off. Consumers, too, profit from the
rise of the gig economy. Previously unaffordable services are suddenly avail-
able at the touch of a button. Anyone who has hailed an Uber or commis-
sioned a survey on MTurk will be familiar with the ease and satisfaction that
comes from speedy and low-cost service delivery. Studies of consumer pref-
erences for ride-sharing platforms reveal the joys of cheaper pricing, wider
choice, and easier access.51
There’s nothing that seems impossible with the help of gig-economy
platforms—even if that means organizing a kid’s birthday party ‘on one of
the top rated beaches in all of SoCal!’:
With about 40 expected guests for her son’s 8th birthday beach party, a Client
in Los Angeles was, understandably, looking for a little assistance ... Luckily,
TaskRabbit was able to connect her with Tasker Rain F. Rain has experience
working with kids, and she’s also an accomplished event planner and staffer—
the perfect combo for this task. She did it all with a smile and, with her help,
the party was a big success!52
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The benefits extend to society at large: the gig economy allows us to tap
into otherwise wasted time and assets, driving economic growth. Platforms
create jobs in a world of rising unemployment, provide extra revenues to
workers, and formalize work in traditionally problematic sectors. Their
matching algorithms can foster ‘greater trust between strangers ... a corner-
An analysis of drivers’ submissions suggested that drivers were ‘at risk of tak-
ing home less than a third of the National Living Wage’, even though they
T h e Prom ise —a n d t h e Pe r i ls— of On-de m a n d Wor k27
had to ‘stay on the road for extended periods of time to make a living’ and
did ‘not have the freedom to determine their own working patterns’.57
The US National Employment Law Project (NELP) has been a similarly
vocal critic of gig-economy work, highlighting ‘micro wages’ and exploit
ative working conditions.58 Unpredictable consumer demand makes flexi
Some gig-economy platforms are not simply nimble start-ups; they could pose
a real threat of cornering markets and becoming entrenched monopolies.
primary income from independent work and actively choose this working
style’; casual earners, who choose to rely on gig work to supplement their
income; reluctants, who ‘derive their primary income from independent
work but would prefer traditional jobs’; and the financially strapped, who
‘would prefer not to have to do side jobs to make ends meet’.70 Overall, the
Even more importantly, the study found that low-income households were
much more likely to depend on insecure and unpredictable independent
work—as opposed to higher-income households, for whom it was a matter
of choice.72 Freedom of choice, it turns out, is also a key factor in determin-
ing whether a gig worker will enjoy her job: ‘Not surprisingly, those who
work ...because they feel their circumstances have forced them into it report
much lower levels of satisfaction.’73
Quantitative empirical evidence on the broader impacts of the on-
demand economy ‘is very partial and inconclusive—in many cases, it is
simply anecdotal and often presented by stakeholders in the current contro-
versies’.74 As a result, it is crucial that in discussing the gig economy we
keep both its promise and perils in mind. Subsequent chapters will delve
deep into the industry to explore why workers’ and consumers’ experiences
can vary greatly; for now, it is time to explore the broader implications of
the competing stories we have encountered—for they are crucial building
blocks in shaping narratives about, and thus the legal regulation of, the gig
economy.
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