Antitrust & Gig Workers: Labor Exemption As Protection

This article views the labor exemption to the antitrust laws as protection for gig workers by empowering them to collectively bargain to improve their welfare without triggering antitrust liability. The labor exemption, however, has long been construed to benefit only employees, thereby excluding gig workers who are usually classified as independent contractors. While the First Circuit recently deviated from this standard interpretation in the “Jockeys” case, it is anyone’s guess whether t