United States 118th Congress Status: In Committee 12 R cosponsors

HR 781 — GIG Act

Last action — Referred to the House Committee on Education and the Workforce.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

In plain language

The GIG Act clarifies the definition of independent contractors under federal law.

This bill amends the Fair Labor Standards Act to define independent contractors more clearly. It specifies the conditions under which an individual performing services for another is considered an independent contractor.

Summary

To amend the Fair Labor Standards Act of 1938 to clarify the status of an independent contractor, and for other purposes.

Bill Text

How this bill changes current law

1 change Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill clarifies the definition of 'independent contractor' within the Fair Labor Standards Act by adding specific considerations for determining employee status.

  • 29 U.S.C. 203(e)

    (6)(A) The term `employee' does not include an individual who performs services for another person as an independent contractor, as determined by the Secretary. In making such determination, the Secretary shall consider that an individual is likely to be performing services for another person as an independent contractor if such individual-- (i) exercises substantial control over key aspects of the performance of such services; and (ii) has the opportunity to earn profits or incur losses based on the exercise of initiative or management of investment by such individual. (B) In any case in which the Secretary determines that the considerations described in subparagraph (A) are not dispositive as to whether an individual is performing services for another person as an independent contractor, the Secretary may also consider that the individual is likely to be performing such services as an independent contractor if such services-- (i) require specialized training or skills that such person does not provide; and (ii) are performed-- (I) on a continuous basis (including on a seasonal basis); and (II) as part of an integrated unit. (C) In making any determination under this paragraph as to whether an individual is performing services for another person as an independent contractor, the Secretary shall only consider actual practices between the individual and such person, without regard to-- (i) any contractual agreement or any other expectation of either party that is not regularly met in the course of performing such services; and (ii) any services that the individual performs that-- (I) are not for such person; and (II) are not substantially similar to the services that such individual performs for such person.

    This addition defines criteria under which an individual providing services can be considered an independent contractor rather than an employee, which could impact labor regulations and protections.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Education and the Workforce.

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 535 not signed on

Sponsors (1)

Co-sponsors (11)

Not signed on (535)

535 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

labor technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 781 do?
To amend the Fair Labor Standards Act of 1938 to clarify the status of an independent contractor, and for other purposes.
Who sponsors HR 781?
HR 781 is sponsored by Miller, Carol D. (Republican), Garcia, Mike (Republican), Scott, Austin (Republican), Owens, Burgess (Republican), Hageman, Harriet M. (Republican), Cole, Tom (Republican), McClintock, Tom (Republican), Obernolte, Jay (Republican), Moore, Barry (Republican), Carl, Jerry L. (Republican), Ciscomani, Juan (Republican), and Ferguson, A. Drew (Republican).
What is the current status of HR 781?
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 781?
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