Bill > HR1319

This bill, titled the Modern Worker Empowerment Act, proposes changes to two key federal laws: the Fair Labor Standards Act of 1938 (FLSA) and the National Labor Relations Act (NLRA), which govern worker protections and labor relations, respectively. The primary aim is to clarify the criteria for distinguishing between an employee and an independent contractor. Under the proposed changes to the FLSA, an individual would be considered an independent contractor if the hiring person does not significantly control the details of how the work is performed, and if the individual has the opportunity for entrepreneurial risks and rewards, such as exercising managerial skill or business judgment. Importantly, the bill specifies that certain factors, such as requiring compliance with legal or safety standards, carrying insurance, or meeting performance deadlines, cannot be used to classify someone as an employee. The bill also amends the NLRA to ensure that the new FLSA criteria for determining independent contractor status are applied when classifying workers under that act. These changes would apply to any worker classification decisions made on or after the bill's enactment date.

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https://www.congress.gov/bill/119th-congress/house-bill/1319/all-info