Antitrust Shield for Independent Worker Action Gains Momentum

Independent contractors’ drive to freely engage in collective action without violating antitrust laws is gaining allies following a recent appeals court win and a Federal Trade Commission that’s reversed course to support them.

Gig workers and other contractors are individually considered their own business entities. As a result, they have lacked statutory protections that allowed unions to form and employees to organize without worrying about being sued for illegal concerted action that otherwise would be in violation of the Sherman Act.

That hasn’t stopped hundreds of lawsuits that accused independent contractors of illegal collective action, such as strikes. But promising ...