UNITED STATES OF AMERICA 

Federal Trade Commission 

WASHINGTON, D.C. 20580 

 

 Office of Commissioner 

 Rebecca Kelly Slaughter 

Statement of Commissioner Rebecca Kelly Slaughter 

FTC Policy Statement on Enforcement Related to Gig Work 

September 15, 2022 

I am very pleased to vote for the Statement on Enforcement Related to Gig Work, which 

makes clear that the FTC is going to use the full breadth of its authority to examine conduct 

related to gig work and protect gig workers from unfair, deceptive, and anticompetitive conduct. 

I want to add my thanks to our staff from throughout the agency, for their joint work on this 

statement, and in particular I want to recognize the efforts of the GigWork@FTC team for their 

initiative. 

I also want to particularly thank the Dashers who spoke earlier during the public 

comment of our meeting. I was especially moved by your comments about the value of gig work 

to you in terms of providing flexibility and opportunity to spend time with your families and 

your other professional pursuits. And I want to be clear – I think workers SHOULD have 

flexibility and opportunity. Our job as enforcers is to make sure you get what you’ve been 

promised, and that you aren’t taken advantage of in the gig economy. I strongly support the 

benefits you’ve discussed, and object only to the idea that in order to get those benefits, workers 

have to be denied all other protection and fair competition for their labor. 

This Statement is one of many ways our staff has been collaborating across missions to 

identify how we can deploy our authority to protect the public from unfair, deceptive and 

anticompetitive conduct in all of their roles in the marketplace: as purchasers, as small business 

owners, and as workers. 

Just as consumers deserve the benefits of competition when it comes to purchasing goods 

and services, gig workers deserve the benefit of competitive markets for their labor. Robust 

competition for workers’ labor can help boost wages, improve benefits, and lead to better 

working conditions. Scrutiny of business practices and enforcement against law violations are 

key components in this effort. The Bureau of Competition has reoriented in recent years to pay 

closer attention to mergers and conduct that may harm workers, and especially workers who are 

disproportionately people of color, as is the case with gig workers.1

 

Competition and labor experts can help us think about how labor law and antitrust law 

might complement one another to protect workers. And I’m pleased the FTC recently entered 

1

 Fed. Trade Comm’n, Serving Communities of Color, at 19 (Oct. 2021) (“Research has shown that communities of 

color are disproportionately represented in the internet-enabled gig economy.”). 
UNITED STATES OF AMERICA 

Federal Trade Commission 

WASHINGTON, D.C. 20580 

 

 Office of Commissioner 

 Rebecca Kelly Slaughter 

into a MOU with the National Labor Relations Board.2 Worker classification, including worker 

misclassification as independent contractors instead of employees, is not only deeply troubling 

from a labor law standpoint, but it can adversely affect competition. As I told the last 

administration’s Department of Labor in a comment on a horribly misguided rule regarding 

worker classification, firms that misclassify workers may gain an unfair competitive advantage 

over their rivals, reducing worker bargaining power, and increasing the likelihood of more 

workers being subjected to anticompetitive contract terms.3

Today’s Statement notes that the Commission will not focus its attention on organizing 

efforts by gig workers. I want to add that I would oppose devoting any resources, policy or 

investigative, to challenging gig workers who engage in collective action to fight back against 

unfair labor practices and to seek better wages, terms of employment, and working conditions.4

For example, I would not have supported the FTC’s amicus brief in support of the Chamber of 

Commerce in its case against the City of Seattle, for an ordinance it enacted to permit 

independent for-hire drivers to collectively negotiate their contracts with taxicab associations, 

and transportation network companies such as Uber and Lyft. I also think there is a case to be 

made that even properly classified independent contractors should get the benefit of the labor 

exemption for labor organizing efforts. 

The Bureau of Consumer Protection has long looked at conduct that harms people simply 

trying to earn a living, and specifically challenged false and deceptive earnings claims, which are 

some of the most pernicious and financially ruinous schemes. I am especially proud of our staff’s 

work on the Amazon Flex case. In 2021, we brought suit against Amazon for allegedly keeping a 

portion of drivers’ tips. As alleged in the complaint, Amazon actively concealed its conduct and 

only stopped after becoming aware of the FTC’s investigation. The FTC recovered over $60 

million from Amazon to pay back the more than 140,000 Amazon Flex drivers whose tips were 

withheld. 

 

2 Memorandum of Understanding Between the Federal Trade Commission (FTC) and the National Labor Relations 

Board (NLRB) Regarding Information Sharing, Cross-Agency Training, and Outreach in Areas of Common 

Regulatory Interest (July 19, 2022) https://www.ftc.gov/system/files/ftc_gov/pdf/ftcnlrb%20mou%2071922.pdf 3 See Docket, [Request for Public Comment on Independent Contractor Status under the Fair Labor Standards Act, 

29 C.F.R. pts. 780, 788, 795] (October 26, 2020), 

https://www.ftc.gov/system/files/documents/public_statements/1582178/comment_of_commissioner_rebecca_kelly

_slaughter_on_the_department_of_labor_proposed_rule_on_0.pdf

4 See Brief for the United States & FTC as Amici Curiae Supporting Appellant, Chamber of Commerce v. City of 

Seattle, 890 F.3d 769 (9th Cir. 2018). 
UNITED STATES OF AMERICA 

Federal Trade Commission 

WASHINGTON, D.C. 20580 

 

 Office of Commissioner 

 Rebecca Kelly Slaughter 

Returning lost money to workers and consumers had been a mainstay of our enforcement 

until the Supreme Court eliminated the Commission’s primary and best tool to seek monetary 

remedies for violations of the FTC Act. In response, the Commission has issued an advance 

notice of proposed rulemaking regarding earnings claims. This inquiry means we can gather 

evidence on how best to protect against these scams and begin to think about how a possible 

Trade Regulation Rule could help level the playing field between workers and those that employ 

them. Pursuing rule violations would also reopen an avenue to return stolen money to these 

workers – something we can no longer do under Section 13(b) until Congress steps in to fix it. 

Moving forward in this rulemaking may be another way we can ensure gig workers get fair 

compensation for their labor.