Illustration: Sarah Grillo/Axios

This week there was a pair of lower-level government roadblocks for the gig economy's path to profitability.

Driving the news: New Jersey fined Uber $649 million for years of back-taxes, including $119 million in interest, for allegedly misclassifying its drivers as independent contractors instead of as employees.

  • This is different from the situation in California, where state legislators are seeking to codify gig economy "employment." In New Jersey, the state's labor department believes Uber skirted existing law.
  • It's the first such state lawsuit ever against Uber, which plans to challenge NJ's determination.
  • If N.J. is successful, many other states could pursue similar claims against Uber and other gig economy companies — the sort of thing that even the best-capitalized of them would struggle to handle.

Also happening: Washington, D.C. is suing DoorDash for allegedly misleading customers about how tips factored into delivery worker pay.

  • Again, the contractor vs. employee dichotomy is at issue. D.C. allows "tipped wages," meaning that businesses can pay certain workers like restaurant servers less than standard minimum wage, so long as tips fill the gap.
  • But, the D.C. attorney general's office tells Axios that it views DoorDash as different because a restaurant server is an employee, not a contractor.
  • DoorDash recently decided to change its tipping policy. But it could be on the hook for costly penalties in D.C., let alone in other jurisdictions that follow suit. And it's hardly the only gig economy company to have used a similar tipping process.

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Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Politics: Ex-FDA chief: Pence campaigning after COVID exposure puts others at risk — Mark Meadows: "We are not going to control the pandemic"— COVID-19 looms over White House Halloween celebrations.
  2. Health: 13 states set single-day coronavirus case records last week — Fauci says maybe we should mandate masks if people don't wear themU.S. reports over 80,000 new cases for second consecutive day.
  3. World: Italy tightens restrictions Spain declares new state of emergency.

Amy Coney Barrett's immediate impact

Illustration: Eniola Odetunde/Axios

In her first week on the job, Amy Coney Barrett may be deciding which votes to count in the presidential election. By her third week, she’ll be deciding the fate of the Affordable Care Act.

Where it stands: The Senate votes on Barrett’s nomination tomorrow. If she’s confirmed, Chief Justice John Roberts is expected to swear her in at the Supreme Court within hours, an administration official tells Axios.

Texas Democrats beg Biden to spend now

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The Biden campaign is rebuffing persistent pleas from Texas Democrats to spend at least $10 million in the Lone Star state, several people familiar with the talks tell Axios.

Why it matters: If Texas — which has 38 electoral votes and is steadily getting more blue, but hasn't backed a Democrat for president since 1976 — flipped to the Biden column, it would be game over. But the RealClearPolitics polling average stubbornly hovers at +2.6 for Trump — and Team Biden appears more focused on closer targets.