Modern Worker Empowerment Act

Modern Worker Empowerment Act

This bill requires the use of common law rules in defining "employee" under the Fair Labor Standards Act of 1938.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4069 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4069

    To amend the Fair Labor Standards Act of 1938 to harmonize the 
              definition of employee with the common law.


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2019

     Ms. Stefanik (for herself, Mr. Byrne, and Mr. David P. Roe of 
  Tennessee) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
    To amend the Fair Labor Standards Act of 1938 to harmonize the 
              definition of employee with the common law.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Modern Worker Empowerment Act''.

SEC. 2. AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938 TO HARMONIZE 
              THE DEFINITION OF EMPLOYEE.

    (a) Definition of Employee.--Section 3(e)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(e)(1)) is amended by inserting 
before the period the following: ``, as determined under the usual 
common law rules (as applied for purposes of section 3121(d) of the 
Internal Revenue Code of 1986)''.
    (b) Definition of Employ.--Section 3(g) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(g)) is amended by inserting ``an employee'' 
after ``permit''.
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