Protect the Gig Economy Act of 2021 (H.R. 41; 117th Congress)

by Andy Biggs

117th CONGRESS
1st Session

H.R. 41

To amend Rule 23 of the Federal Rules of Civil Procedure to protect the “gig economy” and small businesses that operate in large part through contractor services from the threat of costly class action litigation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 4, 2021

Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend Rule 23 of the Federal Rules of Civil Procedure to protect the “gig economy” and small businesses that operate in large part through contractor services from the threat of costly class action litigation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Protect the Gig Economy Act of 2021”.

SEC. 2. PROTECTING THE GIG ECONOMY FROM CLASS ACTIONS.

Rule 23(a) of the Federal Rules of Civil Procedure is amended—

(1) in paragraph (3), by striking “and” at the end;

(2) in paragraph (4), by striking the period at the end and inserting “; and”; and

(3) by inserting after paragraph (4) the following:

“(5) the claim does not allege the mis­clas­si­fi­ca­tion of employees as independent contractors.”.