GIG Act

12/15/2023, 3:54 PM

Guaranteeing Independent Growth Act or the GIG Act

This bill establishes a statutory test for determining if an individual who performs services for another person should be classified as an independent contractor rather than an employee under the Fair Labor Standards Act of 1938.

Specifically, an individual is likely to be considered an independent contractor if the individual providing services exercises substantial control over key aspects of the service and earns profits or incurs losses based on the individual's own initiative or resource management.

The Department of Labor may also consider secondary factors when determining if an individual should be classified as an independent contractor, including (1) whether the services require specialized training or skills that are not provided by the recipient of the services, and (2) whether the services are performed on a continuous basis.

Congress
118

Number
HR - 781

Introduced on
2023-02-02

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

2/2/2023

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Guaranteeing Independent Growth Act or the GIG Act

This bill establishes a statutory test for determining if an individual who performs services for another person should be classified as an independent contractor rather than an employee under the Fair Labor Standards Act of 1938.

Specifically, an individual is likely to be considered an independent contractor if the individual providing services exercises substantial control over key aspects of the service and earns profits or incurs losses based on the individual's own initiative or resource management.

The Department of Labor may also consider secondary factors when determining if an individual should be classified as an independent contractor, including (1) whether the services require specialized training or skills that are not provided by the recipient of the services, and (2) whether the services are performed on a continuous basis.

Alternative Names
Official Title as IntroducedTo amend the Fair Labor Standards Act of 1938 to clarify the status of an independent contractor, and for other purposes.

Policy Areas
Labor and Employment

Comments

Recent Activity

Latest Summary4/17/2023

Guaranteeing Independent Growth Act or the GIG Act

This bill establishes a statutory test for determining if an individual who performs services for another person should be classified as an independent contractor rather than an emp...


Latest Action2/2/2023
Referred to the House Committee on Education and the Workforce.