Gigs aren't just for musicians these days. According to Maria Danaher of Ogletree, Deakins, Nash, Smoak & Stewart, the U.S. economy is moving toward “pop-up” businesses, which staff employees for the particular moment in time. And though this can be convenient when it comes to the bottom line, it can pose tricky questions with employee classification, overtime and independent contractor status.

“With increasing numbers of on-demand businesses … workers get to choose when and where to work,” says Danaher. “But these service providers generally have no benefits or legal protections. That could change.” She draws on a white paper authored by former U.S. Department of Labor attorney Seth Harris and economist Alan Krueger, which outlines a proposal for modernizing labor laws.

The paper suggests a “portable benefits system” allowing workers to pay into a universal fund, on a per gig basis, rather than pay into any one employer's benefits plan. It also suggests allowing them to organize to collectively influence compensation, notes Danaher. “While the 'gig worker' classification has yet to become a mainstream concept, there clearly is movement in that direction,” she says.