Modern Worker Empowerment Act

The Modern Worker Empowerment Act proposes significant changes to the Fair Labor Standards Act of 1938 (FLSA). Its central aim is to harmonize the definitions of "employee" and "employ" with established common law rules . This amendment would clarify the criteria used to determine whether a worker is an employee or an independent contractor under federal wage and hour laws. Specifically, the bill modifies Section 3(e)(1) of the FLSA to explicitly state that an "employee" is determined "as determined under the usual common law rules." It also adjusts Section 3(g) to ensure the definition of "employ" is consistent with this common law standard for an employee. These changes are intended to provide a more uniform and predictable framework for worker classification.