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house Bill H.R. 5367

Prohibiting Class Action Lawsuits Over the Misclassification of Contractors in the "Gig Economy"

Argument in favor

Many small businesses in the “gig economy” rely on independent contractors for their operations, and they can’t afford the threat of class action suits alleging the misclassification of employees.

Karen's Opinion
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04/21/2018
Misclassification of employment status is a trick used by some companies to avoid having to pay Unemployment taxes. What is done is misclassify their employees as contract employees - no unemployment tax. The company keeps that money and employees are unable to receive unemployment if they lose their job through no fault of their own (laid off, fired without cause, etc.)
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Tom's Opinion
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04/21/2018
Simple! Who pays social security? If the employer pays half they are an employee. If the individual is paying both halves they are an independent contractor. Simple!
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Mart's Opinion
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04/21/2018
Why is everything needed to be decided in a courtroom? If it’s fraud, it’s already against the law! No other law is necessary!
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Argument opposed

Many businesses use independent contractors to fill important roles within the organization, and if the lines between contractors and employees become blurred those workers should be able to file class action lawsuits.

TMarieHilton's Opinion
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04/21/2018
As an independent contractor myself I know how prone businesses are to not only blur the lines but to cross them. Those who work for ‘gig’ businesses must retain the ability to band together and bring suit in these circumstances. Again, this bill is just another attempt to make the little guy feel powerless and hand even more power to companies and corporations.
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Karen's Opinion
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04/21/2018
As an artist that has been in the gig economy multiple times I know personally how important it is to protect the workers rights! This bill will remove one more option for the gig workers to protect themselves from being taken advantage of!
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Joshua's Opinion
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04/21/2018
Vote nay on HR 5367. Independent contractors are already unprotected, and this would further endanger their rights.
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    Misclassification of employment status is a trick used by some companies to avoid having to pay Unemployment taxes. What is done is misclassify their employees as contract employees - no unemployment tax. The company keeps that money and employees are unable to receive unemployment if they lose their job through no fault of their own (laid off, fired without cause, etc.)
    Like (26)
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    As an independent contractor myself I know how prone businesses are to not only blur the lines but to cross them. Those who work for ‘gig’ businesses must retain the ability to band together and bring suit in these circumstances. Again, this bill is just another attempt to make the little guy feel powerless and hand even more power to companies and corporations.
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    As an artist that has been in the gig economy multiple times I know personally how important it is to protect the workers rights! This bill will remove one more option for the gig workers to protect themselves from being taken advantage of!
    Like (41)
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    Vote nay on HR 5367. Independent contractors are already unprotected, and this would further endanger their rights.
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    If these contractors really are employees they should be treated like employees, not called contractors in order to strip them of labor protections & benefits. This bill upsets the balance between employers and labor.
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    Another way to diminish the role of govt protecting the little guy
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    The prohibition of class action lawsuits in any form is a blatant attempt to protect businesses that break laws and screw consumers and workers. Laws should be about protecting people not business. The Courts are often the average citizens only means of redress and class actions prevent corporations from ripping lots of people off in small increments. If you ban these actions there will never be redress. Cases cost too much and take too much time to bring these suits on an individual basis.
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    We need more protections for the contractors, not fewer
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    Just another GOP bill to strip away workers' rights in support of their corporate donors. The gig economy already heavily favors corporations. They won't be satisfied until we are all relegated to serfdom.
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    Simple! Who pays social security? If the employer pays half they are an employee. If the individual is paying both halves they are an independent contractor. Simple!
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    While I find that most class action suits reward attorneys far more than the litigants, this measure tips the balance of power too far in the direction of business. Partly because of the abuses they committed, we already have emasculated labor unions. We should not deprive “independent” contractors of their ability to pursue class action suits.
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    This is unfair to the workers in the “GIG” economy. Another bill to protect corporations or businesses over people.
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    Workers in the gig economy need protection. Too many companies get away with not offering benefits to their full-time contractors. If an Uber driver is grinding 60 hours a week they should be able to receive either employee benefits or the ability to file class action suits. This “protect the gig economy” only protects the corporations. #StockRepublicans
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    Small businesses wouldn't NEED protection from class action litigation precisely because they are small. The premise is false, and I will urge my congresspersons to vote against the blatant lie that is HR Bill 5367.
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    Once again the Republicans are attempting to stop protecting workers
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    Why is everything needed to be decided in a courtroom? If it’s fraud, it’s already against the law! No other law is necessary!
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    It appears this bill is meant to protect emerging businesses that are using new technologies. These type businesses are trying to get off the ground using never before fields. In this case they are trying different ideas in different areas of the business. They are doing this because they are not secure and financially sound businesses and not sure what to use and where so they try to err on the side of caution. The last thing they need is some predatory businesses or lawyers taking advantage of their situation. I think this bill is a good way to help these startups to get off the ground. I do think there needs to be some verbiage added defining these businesses and when the protections end. 4.21.18
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    No. If they can't afford misclassification law suits they can strive mightily to avoid misclassification a.k.a. payjacking and abuses. That is how the system was designed to work.
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    It’s the little guy who needs protected, not big businesses. If a company can’t afford to have a class action lawsuit filed against them then don’t mistreat employees. Learn the law, follow it, and above all treat people well. Why do Republicans keep trying to pass legislation that keeps reducing the power of average hardworking Americans? Vote against this and write legislation that actually supports and empowers your constituents. If you vote for this it’s clear who you represent, and it’s not me.
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    HR 5367 is a bad idea. As my husband aged, he kept being called an Independent Contractor by his bosses as a way not to pay overtime, nor guarantee any minimal income, nor provide sorely needed benefits. The corporate oligarchy is a nightmare.
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