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Bill > HR1319


US HR1319

US HR1319
To amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee, and for other purposes.


summary

Introduced
02/13/2025
In Committee
07/23/2025
Crossed Over
Passed
Dead

Introduced Session

119th Congress

Bill Summary

A BILL To amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee, and for other purposes.

AI Summary

This bill amends the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) to establish clearer criteria for determining whether a worker is an employee or an independent contractor. Under the proposed changes, an individual would be classified as an independent contractor if the hiring entity does not exercise significant control over how the work is performed and the worker has opportunities and risks associated with entrepreneurship, such as the ability to use managerial skills and business judgment. The bill specifically prohibits certain factors from being used to determine employee status, including whether the hiring entity requires compliance with legal requirements, health and safety standards, insurance obligations, or performance standards. Additionally, the bill stipulates that the employee classification standard from the FLSA will now be used to determine worker status under the NLRA. These changes are intended to provide more clarity and consistency in how workers are classified, potentially making it easier for businesses to distinguish between employees and independent contractors.

Committee Categories

Education

Sponsors (24)

Last Action

Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 19 - 16. (on 07/23/2025)

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