Unpacking Biden’s Last-Minute Antitrust Workers Protections

The first is a Policy Statement on the Exemption of Protected Labor Activity for Independent Contractors, and the second is the Antitrust Guidelines on Business Practices that Impact Workers. The policies are aimed at independent contractors, including gig workers. They propose a new antitrust liability exemption similar to that for employees’ collective action. They also list various business practices that could violate antitrust laws, impacting how companies manage their labor practices.

Companies should review their labor practices and agreements to ensure compliance with the new guidelines. Legal teams should be aware of potential changes under a new administration, and prepare for any revisions or repeals. These policy statements and guidelines are not intended to change the law. They reflect agency positions. The National Labor Relations Act continues to statutorily exclude independent contractors from unionization rights and processes.

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