PolicyBrief
H.R. 100
119th CongressJan 3rd 2025
Protect the Gig Economy Act of 2025
IN COMMITTEE

The "Protect the Gig Economy Act of 2025" prevents class action lawsuits that claim companies have misclassified employees as independent contractors. This change affects Rule 23(a) of the Federal Rules of Civil Procedure, limiting the ability to file class actions on the basis of worker classification in the gig economy.

Andy Biggs
R

Andy Biggs

Representative

AZ-5

LEGISLATION

Gig Worker Lawsuits Blocked: New Bill Bans Class Action Claims Over Contractor Status

The "Protect the Gig Economy Act of 2025" isn't about protecting gig workers. It's about protecting companies from gig workers. This bill directly amends Rule 23(a) of the Federal Rules of Civil Procedure—the rulebook for federal courts—to shut down a key legal avenue for workers who believe they've been wrongly classified as independent contractors instead of employees.

Stacking the Deck

This bill is short and anything but sweet. It adds a single, crucial line to the Federal Rules of Civil Procedure: class action lawsuits can no longer be used to challenge a worker's classification as an independent contractor. Basically, if you're a delivery driver, rideshare driver, or any other kind of gig worker, and you think your company is treating you like an employee (controlling your hours, setting your pay, etc.) without giving you employee benefits (like minimum wage, overtime, or health insurance), you're on your own. You can still sue, but you can't join forces with other workers in the same boat.

Real-World Roadblocks

Imagine you're a delivery driver for a major app-based company. You work 50 hours a week, follow the company's strict rules, but get none of the benefits of a regular employee. Previously, you could team up with hundreds, maybe thousands, of other drivers in a class action lawsuit to argue you're all really employees and deserve back pay, benefits, and legal protection. This bill kills that option. Now, it's you, alone, against a corporation with deep pockets and a team of lawyers. The bill doesn't define 'misclassification,' (Section 2) leaving a huge gray area for companies to exploit.

The Bottom Line

This new law significantly limits the legal recourse for gig workers. While the stated goal is to "protect the gig economy," the practical effect is to shield companies from potentially massive payouts and force workers to fight individual, expensive, and likely losing battles. It effectively shifts the balance of power even further in favor of corporations, at the expense of individual workers' rights and financial well-being.