I 
118TH CONGRESS 
1ST SESSION 
H. R. 781 
To amend the Fair Labor Standards Act of 1938 to clarify the status 
of an independent contractor, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 2, 2023 
Mr. FERGUSON (for himself, Mrs. MILLER of West Virginia, Mr. MIKE GAR-
CIA of California, Mr. AUSTIN SCOTT of Georgia, Mr. OWENS, Ms. 
HAGEMAN, Mr. COLE, and Mr. MCCLINTOCK) introduced the following 
bill; which was referred to the Committee on Education and the Work-
force 
A BILL 
To amend the Fair Labor Standards Act of 1938 to clarify 
the status of an independent contractor, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Guaranteeing Inde-
pendent Growth Act’’ or the ‘‘GIG Act’’. 
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SEC. 2. DEFINITION OF INDEPENDENT CONTRACTOR. 
Section 3(e) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(e)) is amended by adding at the end the 
following new paragraph: 
‘‘(6)(A) The term ‘employee’ does not include an indi-
vidual who performs services for another person as an 
independent contractor, as determined by the Secretary. 
In making such determination, the Secretary shall con-
sider 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 as-
pects 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 like-
ly to be performing such services as an independent con-
tractor if such services— 
‘‘(i) require specialized training or skills that 
such person does not provide; and 
‘‘(ii) are performed— 
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‘‘(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 para-
graph as to whether an individual is performing services 
for another person as an independent contractor, the Sec-
retary shall only consider actual practices between the in-
dividual and such person, without regard to— 
‘‘(i) any contractual agreement or any other ex-
pectation 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.’’. 
Æ 
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