In July 2020, United States House Representatives introduced the Worker Flexibility and Choice Act, a bill that would allow workers to enter "flexibility arrangements" with employers that would provide anti-discrimination, anti-harassment, and anti-retaliation protections. However, workers would not be considered employees under the arrangements and would not be entitled to labour protections such as minimum wage or overtime.

Gig workers and their representatives have spoken out against the bill claiming it would misclassify workers and lead to fewer labour protections for gig workers. The Coalition for Workforce Innovation, a group that represents gig companies, supports the bill.

In March 2023, the California appeals court ruled Proposition 22 to be largely constitutional, allowing workers to be classified as independent contractors, but removing a clause that put restrictions on collective bargaining by workers. The Service Employees International Union said it was considering appealing the decision.