My name is Greg Jacob and I am the Chairman of the Labor & Employment working group of the Regulatory Transparency Project. I’m a partner at O’Melveny & Myers and a former Deputy Solicitor and Solicitor of the U.S. Department of Labor. The Labor & Employment working group examines the more than 80 years of accumulated regulations that govern our nation’s working relationships. Decades ago, it was a relatively simple task to determine who was an employee, what qualifies as working time, and what constitutes hiring or firing. But, technological advances, shifts in our economy, and changes in worker preferences — particularly an increased desire among many workers for greater autonomy and flexibility in their jobs — have injected significant complexities into labor and employment relationships. For example, think about the Uber worker — somebody who wants to make a little extra money on the side, according to their own schedule, taking jobs when they want to. Is that person an employee? Are they an independent contractor? And, what rules should apply to govern their work for Uber? Now, virtually all labor and employment regulations state that they are intended to pursue the laudable goal of protecting workers and their interests, but many labor and employment regulations are severely outdated and, even newer ones, often impose hidden costs on jobs, working conditions, wages, and the ability of workers to control the terms and conditions of their employment. And, all of those costs are rarely tracked and may be entirely undisclosed. The Labor & Employment working group studies these regulations to identify ones that are failing to achieve their intended purpose, or that are imposing hidden or undisclosed costs that greatly exceed the benefits that the regulation purports to be pursuing. If you want to learn more about the Regulatory Transparency Project or the work of the Labor & Employment working group, follow us on Facebook, on Twitter, or on LinkedIn.