119-hr1319

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1319 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1319

 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.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 13, 2025

 Mr. Kiley of California (for himself, Mr. Rutherford, Mr. Moolenaar, 
 Mr. Messmer, and Mr. Ogles) introduced the following bill; which was 
 referred to the Committee on Education and Workforce

_______________________________________________________________________

 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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CRITERIA FOR DETERMINING EMPLOYEE STATUS.

    (a) Criteria for Determining Employee Status Under the Fair Labor 
Standards Act.--

Section 3

    (e) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203

    (e) ) is amended--

    (1) by redesignating paragraphs

    (2) ,

    (3) , and

    (4) as 
 paragraphs

    (3) ,

    (4) , and

    (5) , respectively;

    (2) in paragraph

    (1) , by striking ``paragraphs

    (2) ,

    (3) , 
 and

    (4) '' and inserting ``paragraphs

    (3) ,

    (4) , and

    (5) ''; and

    (3) by inserting after paragraph

    (1) the following:
 ``

    (2)
        (A) An individual shall be determined to be an 
 independent contractor rather than an employee of another 
 person if--
 ``
            (i) such other person does not exercise 
 significant control over the details of the way the 
 work is performed by the individual, without regard to 
 any control the other person may exercise over the 
 final result of the work performed; and
 ``
            (ii) while performing such work, the individual 
 has the opportunities and risks inherent with 
 entrepreneurship, such as the discretion to exercise 
 managerial skill, business acumen, or professional 
 judgment.
 ``
        (B) The following factors may not be used in determining 
 that an individual is an employee of another person:
 ``
            (i) Whether such other person requires the 
 individual to comply with legal, statutory, or 
 regulatory requirements.
 ``
            (ii) Whether such other person requires the 
 individual to comply with health and safety standards 
 that are more stringent than otherwise applicable 
 health and safety standards.
 ``
            (iii) Whether such other person requires the 
 individual to carry insurance of any kind.
 ``
            (iv) Whether such other person requires the 
 individual to meet contractually agreed-upon 
 performance standards, such as deadlines.''.

SEC. 2. EMPLOYEE CLASSIFICATION UNDER THE NATIONAL LABOR RELATIONS ACT.

 

Section 2

    (3) of the National Labor Relations Act (29 U.S.C. 152

    (3) ) 
is amended--

    (1) by striking ``

    (3) The term `employee' shall'' and 
 inserting the following:
 ``

    (3)
        (A) The term `employee' shall''; and

    (2) by adding at the end the following:
 ``
        (B) Section 3

    (e)

    (2) of the Fair Labor Standards 
 Act of 1938 (29 U.S.C. 203

    (e)

    (2) ) shall be used in 
 determining whether an individual is an independent 
 contractor or an employee of another person.''.
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