The FTC recently issued a policy statement clarifying that independent contractors and gig workers are protected from antitrust liability when engaging in collective bargaining, along with updated antitrust guidelines explaining how certain practices may violate antitrust laws.
First, the FTC clarified in a new policy statement that independent contractors, including gig workers, are protected from antitrust liability when organizing or bargaining for better pay and working conditions. The policy statement emphasizes that antitrust laws do not prevent collective action by gig workers, such as rideshare and food delivery drivers, as these activities are shielded under the Clayton and Norris-LaGuardia Acts. Workers are not excluded from these protections simply because they lack a formal employer-employee relationship, and the FTC warns against employers exploiting worker classification to suppress wages or gain unfair competitive advantages.
Additionally, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) have issued new antitrust guidelines for business practices affecting workers. The guidelines explain how the agencies assess whether certain practices, like wage-fixing or no-poach agreements, violate antitrust laws and harm competition among employers. The guidelines also clarify that deceptive practices, such as false claims about earnings, may violate federal law and outline activities that could lead to criminal liability.