An estimated 16% of American workers derive at least some of their annual income from “gig” work – “side hustles” whereby they (purportedly) choose from available, on-demand work opportunities, usually through internet-based platforms or apps, working when, where, and for as long as they want. However, the practical reality for many gig workers is that these drivers, shoppers, cleaners, care workers, designers, and other freelancers often find themselves constrained by concentrated markets with limited work opportunities, surprising start-up costs, unexpected contract terms, and limited opportunities for profit. As gig workers are disproportionately people of color and low wage earners, and as gig work is not guaranteed to pay a minimum wage or overtime pay, overreaching business practices of gig economy companies have the greatest impact on already vulnerable worker populations.

Preventing abuse of gig workers has been an enforcement priority for the current administration, particularly within the Department of Labor (see here, reversing an earlier DOL position) and the National Labor Relations Board, but on September 15, 2022, the Federal Trade Commission (FTC) joined the effort by announcing its Policy Statement on Enforcement Related to Gig Work. The 17-page policy statement emphasizes that, in addition to being laborers, gig workers remain consumers, and thus subject to the FTC’s oversight and protection against unfair, deceptive, and anticompetitive business...

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