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Publication Date

2016

Abstract

As the growth in demand for egg donors is met with an
increasing number of women willing to supply their eggs,
changes need to be made to the way egg donors, and other
similarly situated workers, are classified in the
employment context. Most donor contracts are employer-
created forms that designate the donors as independent
contractors and thus spare the clinic the duty of providing
employment benefits. Unlike other on-demand service
providers, such as Uber-drivers, that have recently sought
re-classification as employees, women who donate eggs are
subject to physically invasive procedures and long-term
health risks that particularly obviate the need for the
protections granted employees. This Note begins by using
the current tests available to employers in determining
worker classification to show that even under the current
framework, egg donors are employees. Further, this Note
uses the unique platform of egg donors, women who
provide an important short-term service at the cost of long-
term health risks, to push for a change in the current
classification system. Specifically, it suggests the creation
of a new category-the dependent contractor-to
accommodate the growing on-demand workforce while not
crippling the business models that allow for the on-
demand company's survival

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