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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.

USA118th CongressS-3018| Senate 
| Updated: 10/4/2023
Tim Scott

Tim Scott

Republican Senator

South Carolina

Cosponsors (7)
Mike Braun (Republican)Cindy Hyde-Smith (Republican)Marsha Blackburn (Republican)Roger F. Wicker (Republican)Rand Paul (Republican)John Thune (Republican)Kevin Cramer (Republican)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill specifies a legal standard for determining whether an individual is considered an independent contractor rather than an employee for the purposes of federal labor laws that address issues such as the federal minimum wage, overtime compensation, and collective bargaining. The rights and protections provided by these laws exclusively apply to employees. Under the bill, an individual is considered an independent contractor if (1) another individual or entity does not exercise significant control over the details of how the individual's work is performed, without regard to any control the other individual or entity may exercise over the final result of the work performed; and (2) while performing such work, the individual has opportunities and risks inherent with entrepreneurship (for example, the discretion to exercise professional judgment). The bill also sets forth factors that may not be used to determine whether an individual is an employee. Specifically, factors such as whether another individual or entity requires the individual to meet certain legal, health and safety, insurance, or performance requirements may not be used to make such a determination.
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Timeline
Sep 14, 2023

Latest Companion Bill Action

HR 118-5513
Introduced in House
Oct 4, 2023
Introduced in Senate
Oct 4, 2023
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • September 14, 2023

    Latest Companion Bill Action

    HR 118-5513
    Introduced in House


  • October 4, 2023
    Introduced in Senate


  • October 4, 2023
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Labor and Employment

Related Bills

  • HR 118-5513: 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.

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.

USA118th CongressS-3018| Senate 
| Updated: 10/4/2023
This bill specifies a legal standard for determining whether an individual is considered an independent contractor rather than an employee for the purposes of federal labor laws that address issues such as the federal minimum wage, overtime compensation, and collective bargaining. The rights and protections provided by these laws exclusively apply to employees. Under the bill, an individual is considered an independent contractor if (1) another individual or entity does not exercise significant control over the details of how the individual's work is performed, without regard to any control the other individual or entity may exercise over the final result of the work performed; and (2) while performing such work, the individual has opportunities and risks inherent with entrepreneurship (for example, the discretion to exercise professional judgment). The bill also sets forth factors that may not be used to determine whether an individual is an employee. Specifically, factors such as whether another individual or entity requires the individual to meet certain legal, health and safety, insurance, or performance requirements may not be used to make such a determination.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Sep 14, 2023

Latest Companion Bill Action

HR 118-5513
Introduced in House
Oct 4, 2023
Introduced in Senate
Oct 4, 2023
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  • September 14, 2023

    Latest Companion Bill Action

    HR 118-5513
    Introduced in House


  • October 4, 2023
    Introduced in Senate


  • October 4, 2023
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Tim Scott

Tim Scott

Republican Senator

South Carolina

Cosponsors (7)
Mike Braun (Republican)Cindy Hyde-Smith (Republican)Marsha Blackburn (Republican)Roger F. Wicker (Republican)Rand Paul (Republican)John Thune (Republican)Kevin Cramer (Republican)

Health, Education, Labor, and Pensions Committee

Labor and Employment

Related Bills

  • HR 118-5513: 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.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted