1. Short title This Act may be cited as the Guaranteeing Independent Growth Act or the GIG Act . 2. Definition of independent contractor Section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ) is amended by adding at the end the following new paragraph: (6) (A) The term employee does not include an individual who performs services for another person as an independent contractor, as determined by the Secretary. In making such determination, the Secretary shall consider that an individual is likely to be performing services for another person as an independent contractor if such individual— (i) exercises substantial control over key aspects of the performance of such services; and (ii) has the opportunity to earn profits or incur losses based on the exercise of initiative or management of investment by such individual. (B) In any case in which the Secretary determines that the considerations described in subparagraph (A) are not dispositive as to whether an individual is performing services for another person as an independent contractor, the Secretary may also consider that the individual is likely to be performing such services as an independent contractor if such services— (i) require specialized training or skills that such person does not provide; and (ii) are performed— (I) on a continuous basis (including on a seasonal basis); and (II) as part of an integrated unit. (C) In making any determination under this paragraph as to whether an individual is performing services for another person as an independent contractor, the Secretary shall only consider actual practices between the individual and such person, without regard to— (i) any contractual agreement or any other expectation of either party that is not regularly met in the course of performing such services; and (ii) any services that the individual performs that— (I) are not for such person; and (II) are not substantially similar to the services that such individual performs for such person. .