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Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / Notices solely responsible for making sure your comment does not include any sensitive or confidential information. In particular, your comment should not include sensitive personal information, such as your or anyone elses Social Security number; date of birth; drivers license number or other state identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. You are also solely responsible for making sure your comment does not include sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any trade secret or any commercial or financial information which . . . is privileged or confidentialas provided by Section 6f of the FTC Act, 15 U.S.C. 46f, and FTC Rule 4.10a2, 16 CFR 4.10a2
including in particular competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is requested must be filed in paper form, must be clearly labeled Confidential, and must comply with FTC Rule 4.9c.
In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9c. Your comment will be kept confidential only if the General Counsel grants your request in accordance with the law and the public interest. Once your comment has been posted on the https
www.regulations.gov websiteas legally required by FTC Rule 4.9bwe cannot redact or remove your comment from that website, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9c, and the General Counsel grants that request.
Visit the FTC website at http
www.ftc.gov to read this Notice and the news release describing the proposed settlement. The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding, as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before March 12, 2021. For information on the Commissions privacy policy, including routine uses permitted by the Privacy Act, see https www.ftc.gov/
site-information/privacy-policy.

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Analysis of Proposed Consent Order To Aid Public Comment The Federal Trade Commission Commission has accepted, subject to final approval, an agreement containing a consent order from Amazon.com, Inc.
and Amazon Logistics, Inc. Amazon.
The proposed consent order has been placed on the public record for 30 days for receipt of comments from interested persons. Comments received during this period will become part of the public record. After 30 days, the Commission will again review the agreement and the comments received, and will decide whether it should withdraw from the agreement and take appropriate action or make final the agreements proposed order.
Amazon operates Amazon Flex, a gig economy program through which consumers can become drivers for Amazon and, using their own vehicles, deliver products and groceries to Amazon customers. Amazon pays drivers for making deliveries, and for some types of deliveries, allows customers to tip the drivers via the app or website used to place the order.
Amazon consistently represents to both drivers and customers that it passes on 100% of customer tips to drivers.
However, from late 2016 through August 2019, Amazon withheld nearly a third of the tips meant for drivers, about $61 million in total, despite its representations that it would provide drivers 100% of customer tips. Amazon continued diverting drivers tips in this way for over two and a half years despite hundreds of complaints from drivers and critical media reports.
Amazon changed its practices only after the FTC issued a Civil Investigative Demand to the company in May 2019.
The Commissions proposed complaint alleges that Amazon has violated Section 5 of the FTC Act. In particular, the proposed complaint alleges Amazon misrepresented to both customers and drivers that it would give drivers 100% of customer tips in addition to the pay Amazon offered.
The proposed order includes equitable monetary relief and injunctive provisions to prevent Amazon from engaging in the same or similar acts or practices in the future. Part I of the proposed order prohibits Amazon from misrepresenting to any consumer, including both customers and drivers:
a The income a driver is likely to earn, b the amount Amazon will pay drivers, c that Amazon will give drivers customer tips in addition to Amazons contribution to drivers earnings, d the percentage or amount of any customer tip a driver will receive, or e that any
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amount customers pay is a tip. Part II of the proposed order prohibits Amazon from changing the extent to which it uses a drivers tips toward Amazons contribution to the drivers earnings without first obtaining express informed consent from the driver.
Part III of the proposed order requires Amazon to pay $61,710,583the full amount of tips that Amazon improperly withheld from drivers. Part IV of the proposed order requires Amazon to provide sufficient information about drivers to enable the Commission to administer redress efficiently to drivers.
Parts V through VIII of the proposed order are reporting and compliance provisions. Part V requires acknowledgments of the order. Part VI
requires Amazon to notify the Commission of changes in corporate status for 10 years and mandates that the company submit an initial compliance report to the Commission.
Part VII requires Amazon to create certain documents relating to its compliance with the order for 10 years and to retain those documents for a 5year period. Part VIII mandates that the company make available to the Commission information or subsequent compliance reports, as requested.
Finally, Part IX states that the proposed order will remain in effect for 20 years, with certain exceptions.
The purpose of this analysis is to aid public comment on the proposed order.
It is not intended to constitute an official interpretation of the complaint or proposed order, or to modify in any way the proposed orders terms.
By direction of the Commission.
April J. Tabor, Secretary.

Joint Statement of Acting Chairwoman Rebecca Kelly Slaughter and Commissioner Noah Joshua Phillips The internet-enabled gig economy is substantial and continues to grow.
According to one study, U.S. families earning income from the internetenabled gig economy rose from under 2% of the sample in 2013 to 4.5% by early 2018, with more than 5 million U.S. households earning some income from this type of work by 2018.1
1 See Diana Farrell, Fiona Greig & Amar Hamoudi, The Online Platform Economy in 2018: Drivers, Workers, Sellers and Lessors, JPMorgan Chase & Co.
Institute 2018 at 23, https
www.jpmorganchase.com/content/dam/jpmc/
jpmorgan-chase-and-co/institute/pdf/institute-ope2018.pdf. Particularly because of high turnover, with many workers spending only a few months participating, estimates of the gig economy are difficult and inconsistent. Another study estimated that there were 1.6 million American workers in the internet-enabled gig economy in 2017, or 1% of the
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