Conflicts over the employment status of Uber, Lyft, and other gig workers have made headlines in recent years. I argue that the conditions facing these workers and other independent contractors today are in many respects the result of policy decisions made seventy-five years ago, in hard-fought battles over which workers would—and which would not—be protected by New Deal social programs and labor laws for employees. In 1947–48, New Deal Democrats were poised to establish a more expansive definition of “employee,” extending eligibility to a range of workers excluded by more restrictive common law standards. The Republican-led 80th Congress thwarted the attempt to expand coverage, however, by blocking administrative initiatives, reversing court rulings, and redefining employment-based eligibility for federal labor and social protections. Their actions redirected policy on employment relations, restricting the reach of New Deal protections in the post–WWII economy and shaping the terms of subsequent conflicts over employment status in ways that have left broad power and discretion in the hands of employers.

Self-perceived health, a subjective assessment of health status, is influenced by state of economic independence and employment status after controlling for other demographic, social and health-related factors, particularly for elderly people as they tend to face discrimination in intra-household resource allocation. Being economically independent and employed increase the likelihood of elderly people rating their health as good/excellent compared to others and employment status came out as even more impactful. This study provides new insights by observing that across the expenditure quintile groups of the households, the importance of these variables varies as the bias in intra-household resource allocation against elderly people is supposed to increase with declining economic resources of the households. Economic independence improves the likelihood of rating one's health as good/excellent in the lowest expenditure quintile much more compared to those in the uppermost expenditure quintile. For employed too, the positive influence of employment status on self-perceived health of elderly people has been strictly increasing as we move down the expenditure quintiles of households.

Current labour markets are witnessing a proliferation of hybrid or quasi-employment status whereby company directors and limited liability partners are gaining access to employment rights. At the same time, legislation is creating new forms of employee shareholder status, where employees trade employment rights for shares in the company. New corporate structures are being developed to promote one-man companies, small and medium sized enterprises and hybrid company/partnerships. This paper examines some of these developments in the light of the theory of the firm and the jurisprudence of company and employment law and considers the implications for workers, employers and the self-employed.