The Bureau of Labor Statistics (BLS), part of the Department of Labor, has announced a proposed revision to the Contingent Work Supplement (CWS) to the Current Population Survey (CPS). Published in the Federal Register on February 10, 2026, this notice invites public comments on updates designed to better capture data on contingent workers, those in alternative employment arrangements, and individuals engaged in digital labor platform work. The revisions, set for implementation in July 2026, respond to the need for more regular and detailed information about temporary and gig economy jobs amid shifting workforce trends. This development underscores the government's effort to minimize paperwork burdens while enhancing the utility of labor statistics for policy and research purposes.
Background on the Contingent Work Supplement
The CWS has been a key tool for understanding non-traditional work since its inception in 1995. Administered periodically as a supplement to the CPS—a monthly survey of about 60,000 households that provides core employment data—the CWS targets contingent jobs, defined as those workers do not expect to last or that are temporary. It also covers alternative arrangements, including independent contractors, on-call workers, temporary help agency employees, and contract firm workers.
Historically, the supplement was conducted five times between 1995 and 2005, followed by collections in May 2017, July 2023, and May 2025. As noted in the Federal Register notice, these efforts have provided snapshots of workforce composition, allowing comparisons across demographics such as sex, race, ethnicity, age, and education. For instance, the 2017 CWS revealed that about 5.9 million workers, or 3.8 percent of the employed, held contingent jobs, with higher rates among younger and less-educated individuals.
The BLS emphasizes the supplement's role in informing policy. "The CWS will provide information on the number and characteristics of workers in contingent jobs and alternative employment arrangements and those using digital labor platforms," the notice states. This data has influenced discussions on labor protections, with stakeholders like unions and employer groups citing it in debates over worker classification under laws such as the Fair Labor Standards Act.
Key Proposed Changes
The core revision focuses on the digital labor platform section, which identifies workers who obtain tasks via apps or websites connecting them directly with clients. Previously, the supplement included separate modules for main jobs (17 questions) and second jobs (15 questions). The new approach consolidates these into a single 24-question section, with about half being new items.
A significant update extends the reference period to the prior four weeks, rather than just the survey week, and includes individuals not employed at the time of the survey. This aims to capture intermittent or short-duration work, such as ride-sharing or delivery gigs, which might otherwise be missed. New questions probe typical days per week and hours per day spent on platform work, as well as the types of tasks performed.
The BLS justifies these changes by noting the growing prevalence of platform work. According to the notice, "The expanded time reference for this portion of the supplement, and inclusion of people not employed at the time of the survey, will provide more information about digital platform work that might be of short duration or intermittent." This aligns with broader efforts to adapt surveys to modern work patterns, similar to how the CPS has evolved to include remote work questions post-pandemic.
No major changes are proposed for the contingent work and alternative arrangements sections, maintaining continuity with prior data for trend analysis.
Legal and Policy Context
This proposal operates under the Paperwork Reduction Act of 1995, which requires agencies to minimize respondent burdens and ensure data utility. The BLS is seeking Office of Management and Budget (OMB) clearance, with an estimated annual burden of 2,400 hours across 48,000 respondents, averaging three minutes per response.
Relevant precedents include prior OMB approvals for CWS iterations, which have faced scrutiny over question clarity and burden. For example, the 2017 supplement drew comments on improving distinctions between independent contractors and employees, referencing Supreme Court cases like Nationwide Mutual Insurance Co. v. Darden (1992), which clarified employee status for benefits purposes.
Politically, the push for better gig economy data reflects bipartisan interest. During the Obama administration, the Department of Labor issued guidance on misclassification, while subsequent administrations have varied in enforcement. Researchers from institutions like the Brookings Institution have used CWS data to argue for updated labor laws, highlighting how platform workers often lack protections afforded to traditional employees. Conversely, business groups, such as the U.S. Chamber of Commerce, emphasize flexibility in these arrangements, cautioning against regulations that could stifle innovation.
Implications for Labor Market Analysis
The revisions could enhance understanding of the gig economy's scale and demographics. By including non-employed respondents and a longer reference period, the data may reveal higher participation rates in platform work than previously estimated. For example, a 2023 Pew Research Center study suggested that 16 percent of Americans have earned money through online gig platforms, but official statistics have been lower due to methodological limits.
Short-term implications include improved policy design, as the notice states: "Policy makers also can use these data to inform the design of regulations for different types of workers." In the long term, regular CWS collections—potentially more frequent than the current sporadic schedule—could track how economic shifts, like automation or recessions, affect contingent employment.
Different perspectives exist. Labor advocates view the data as essential for advocating benefits like portable health care, while economists warn that over-regulation could reduce job opportunities. The notice invites comments on practical utility, burden estimates, and ways to enhance data quality, reflecting an inclusive approach to refinement.
Forward-Looking Conclusion
In summary, the proposed CWS revisions represent a targeted effort to adapt labor statistics to contemporary work realities, building on decades of data collection. Key takeaways include the streamlined focus on digital platforms and the potential for more comprehensive insights into intermittent work. Moving forward, the comment period ending April 13, 2026, offers stakeholders a chance to shape the final instrument. Subsequent steps may involve OMB review and implementation in July 2026, with data release expected later that year. Ongoing debates will likely center on balancing data accuracy with respondent privacy, as well as integrating these findings into broader discussions on worker classification and economic inequality. Possible trajectories include expanded supplements in future CPS cycles or linkages to other surveys, fostering a more nuanced view of the evolving U.S. labor market.
