The Federal Trade Commission (FTC) issued a policy statement asserting that the Commission will not challenge collective action by independent contractors and gig workers (e.g., rideshare and food delivery drivers) when engaging in protected bargaining and organizing activities (e.g., seeking better compensation and job conditions). The FTC’s policy statement clarifies that such workers are not categorically excluded from the antitrust exemption simply because they do not have a formal employer-employee relationship with the firm with which they are negotiating regarding compensation or working conditions. The Commission voted 3-2 to approve the policy statement with Commissioners Andrew Ferguson and Melissa Holyoak voting no.
