The growth of the gig economy has redefined work for millions at its core. From delivery contractors to rideshare drivers, gig workers now make up a significant part of the workforce today. And yet for all their economic value, they are still not included in protections that regular employees take for granted. Labor law systems like the Employee Retirement Income Security Act (ERISA) were not intended for gig work, and independent workers lack secure access to collective bargaining, retirement security, or employer-supported benefits.
A stark illustration of this divide was evident in the COVID-19 pandemic, when a thousand or so Uber and Lyft drivers suddenly had neither health insurance nor paid sick leave. While the traditional employee might typically count on ERISA-backed benefits or union-bargained benefits, many gig workers were faced with the impossible decision of coming to work sick or losing their income altogether.
Labor lawyer Naomi Soldon, who has spent years combating ERISA abuses, has long maintained that this regulatory void reveals one of the largest inadequacies in contemporary employment arrangements. She argues that the speed at which nontraditional employment is growing requires a serious overhaul of the way protections for workers need to evolve to meet modern-day realities.
Why Gig Workers Fall Outside Traditional Union and ERISA Protections
At the center of the problem is classification. Gig workers are almost always designated as independent contractors, not employees, a legal distinction with far-reaching consequences.
Naomi Soldon explains that this exclusion erodes both security and equity. Unionized employees benefit from collectively bargained health coverage and pensions safeguarded by ERISA’s fiduciary rules, while gig workers face unstable incomes and little legal recourse if platforms alter terms or revoke opportunities. Without intervention, this two-tiered system deepens inequality by cutting gig workers out of the very social safety nets designed to promote long-term stability.
Naomi Soldon on the Rise of Collective Action Among Gig Workers
Despite these limitations, gig workers are not passive. Increasingly, they are turning to collective action outside formal union frameworks. From coordinated strikes among delivery workers to grassroots advocacy by rideshare drivers, these movements highlight a shared demand for voice, fairness, and dignity in the workplace.
Yet without official union recognition, these efforts lack NLRA protections and remain vulnerable to retaliation. Naomi Soldon notes that while such organizing reflects the urgency of reform, it also underscores the fragility of gig workers’ rights under current labor laws.
What ERISA Can Teach Us About Benefit Security: A Naomi Soldon Perspective
While ERISA may feel far removed from the gig economy, Naomi Soldon argues that its principles are highly relevant. Designed to enforce fiduciary responsibility and accountability in managing employee benefits, ERISA provides a model for creating benefits that are transparent, reliable, and enforceable.
Key lessons from ERISA include:
Naomi Soldon suggests that adapting ERISA’s framework could inspire portable benefits, plans that follow workers across jobs and contracts. These might include:
Such reforms could provide gig workers with the economic security that traditional employees already enjoy.
Toward a More Inclusive Future in Labor Law
The debate over gig work is far from settled. Policymakers, unions, and courts continue to wrestle with how to balance flexibility, which draws many to gig work, with stability and fairness, which workers need to thrive. Naomi Soldon identifies several potential strategies:
These reforms are not simple, but as Naomi Soldon stresses, they are necessary if the law is to keep pace with the way people actually work today.
Conclusion: Naomi Soldon on Bridging the Divide
The gig economy has exposed deep cracks in labor protections. Gig workers who drive, deliver, and freelance keep industries moving, but they do so without the safety nets once guaranteed by ERISA and union protections. Naomi Soldon argues that this is not simply a policy oversight but a structural imbalance that risks widening inequality if left unaddressed.
By drawing on ERISA’s legacy and reimagining labor law for the 21st century, Naomi Soldon emphasizes that the path forward lies in blending tradition with innovation: protecting workers through time-tested safeguards while building new frameworks that reflect today’s economic realities.
Key steps toward bridging this divide include:
In her work, Naomi Soldon reminds us that a fairer future of work requires both honoring proven labor protections and adapting them to safeguard the workers powering today’s economy.
