119-hr1320

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1320 Introduced in House

    (IH) ]

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119th CONGRESS
 1st Session
 H. R. 1320

 To ensure that the provision of portable benefits to an individual is 
not considered in determining whether such individual is an employee of 
 a person.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 13, 2025

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

_______________________________________________________________________

 A BILL

 To ensure that the provision of portable benefits to an individual is 
not considered in determining whether such individual is an employee of 
 a person.

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

SECTION 1. BENEFITS TO NOT BE CONSIDERED.

    (a) In General.--In determining whether an individual is an 
employee of a person for the purposes of any Federal law, such a 
determination shall be made without considering whether such person 
provides to the individual a portable benefit.

    (b) 

=== Definitions. ===
-In this Act:

    (1) Portable benefit.--The term ``portable benefit'' means 
 a work-related benefit that is provided to an individual for 
 work performed for another person in a manner that allows the 
 individual to maintain the benefits without regard to whether 
 the individual continues to perform work for such person.

    (2) Work-related benefit.--The term ``work-related 
 benefit''--
        (A) means benefits, including protections, of a 
 type that are commonly provided to full-time employees, 
 such as workers' compensation, skills training, 
 professional development, paid leave, disability 
 coverage, health insurance coverage, retirement 
 savings, income security, and short-term saving; and
        (B) includes contributions, financial or otherwise, 
 to such benefits--
            (i) made on behalf of an individual by a 
 person in connection with work performed by the 
 individual for the person;
            (ii) made by the individual; or
            (iii) made through a combination of 
 subparagraphs
        (A) and
        (B) .
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