Modern Worker Empowerment Act

This bill proposes to amend both the Fair Labor Standards Act of 1938 (FLSA) and the National Labor Relations Act (NLRA) to establish a clearer and more consistent standard for determining an individual's employment status. The primary goal is to define when an individual should be classified as an independent contractor rather than an employee. Under the proposed changes to the FLSA, an individual would be considered an independent contractor if the other person does not exercise significant control over the details of how the work is performed, and if the individual possesses entrepreneurial opportunities and risks , such as discretion in managerial skill or business judgment. This new standard would also be applied to determinations made under the NLRA. Furthermore, the bill explicitly prohibits certain factors from being used to determine that an individual is an employee. These include requirements for the individual to comply with legal or health and safety standards, carry insurance, or meet contractually agreed-upon performance standards like deadlines.