[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 338 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 338

 To promote the general health and well-being of individuals accessing 
  work through digital marketplace companies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 22, 2021

Mr. Braun (for himself and Mr. Scott of South Carolina) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To promote the general health and well-being of individuals accessing 
  work through digital marketplace companies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helping Gig Economy Workers Act of 
2021''.

SEC. 2. DIGITAL MARKETPLACE COMPANY SAFE HARBOR.

    (a) Definitions.--In this section:
            (1) COVID-19 emergency period.--The term ``COVID-19 
        emergency period'' means the period beginning March 15, 2020, 
        and ending on the later of--
                    (A) December 31, 2021; or
                    (B) the date of expiration of the public health 
                emergency declared by the Secretary of Health and Human 
                Services under section 319 of the Public Health Service 
                Act (42 U.S.C. 247d) on January 31, 2020, with respect 
                to COVID-19.
            (2) Digital marketplace company.--The term ``digital 
        marketplace company'' means a business entity affecting 
        commerce that--
                    (A) maintains an online-enabled application or 
                platform to facilitate the exchange of goods or 
                services by users of the online-enabled application or 
                platform;
                    (B) licenses access to an online-enabled 
                application or platform to facilitate the exchange of 
                goods or services; and
                    (C) does not require a licensee using the online-
                enabled application or platform to generate business to 
                accept any specific job request as a condition of 
                maintaining access to the entity's online-enabled 
                application or platform.
            (3) Individual accessing work through a digital marketplace 
        company.--The term ``individual accessing work through a 
        digital marketplace company'' means an individual who--
                    (A) is provided with the option to accept or reject 
                job requests through an online-enabled application or 
                platform maintained by a digital marketplace company; 
                and
                    (B) provides services to digital platform consumers 
                upon connection through a digital network maintained by 
                the digital marketplace company in exchange for 
                compensation or payment of a fee.
    (b) In General.--Notwithstanding any other provision of law, in 
order to promote the general health and well-being of individuals 
accessing work through digital marketplace companies and to facilitate 
financial assistance during public health emergencies, actions 
described in subsection (c) taken by a digital marketplace company 
during the COVID-19 emergency period shall not be used under any 
Federal, State, or local law, ordinance, or regulation as evidence for 
the purposes of--
            (1) determining whether an individual accessing work 
        through the digital marketplace company is an employee or 
        independent contractor; or
            (2) determining whether the digital marketplace company is 
        the joint employer of an individual who is providing services 
        on behalf of another company.
    (c) Protected Actions.--The actions described in this subsection 
are--
            (1) providing financial assistance to individuals who 
        previously accessed work through the digital marketplace 
        company but are unable to work because of health or safety 
        concerns;
            (2) directly providing benefits that are related to the 
        health or safety of individuals accessing work through the 
        digital marketplace company;
            (3) providing training or information related to the health 
        or safety of such individuals or the public;
            (4) providing medical or cleaning supplies to such 
        individuals;
            (5) performing health checks on such individuals;
            (6) providing medical testing to such individuals; and
            (7) taking any action, including those required or 
        suggested by any Federal, State, or local law, ordinance, 
        order, or directive of any type, that is intended to protect 
        public health and safety.
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