H.R. 1319

119 HR 1319 IH: 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.
 U.S. House of Representatives
 2025-02-13
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 1319  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.
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.
 .
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.
 .