Protect the Gig Economy Act of 2021

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protect the Gig Econ- 4 omy Act of 2021’’. 5 VerDate Sep 11 2014 19:32 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H41.IH H41 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 41 IH SEC. 2. PROTECTING THE GIG ECONOMY FROM CLASS AC- 1 TIONS. 2 Rule 23(a) of the Federal Rules of Civil Procedure 3 is amended— 4 (1) in paragraph (3), by striking ‘‘and’’ at the 5 end; 6 (2) in paragraph (4), by striking the period at 7 the end and inserting ‘‘; and’’; and 8 (3) by inserting after paragraph (4) the fol- 9 lowing: 10 ‘‘(5) the claim does not allege the misclassifica- 11 tion of employees as independent contractors.’’. 12 Æ VerDate Sep 11 2014 19:32 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H41.IH H41 pamtmann on DSKBC07HB2PROD with BILLS