Modern Worker Empowerment Act
Sponsored By: Representative Kiley (CA)
In Committee
Summary
Creates a single, objective test for independent-contractor status that centers on control over work details and entrepreneurial risk. It applies that Fair Labor Standards Act test to labor-law classifications and narrows which factors may be used to label someone an employee.
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- Workers: Classification turns on whether the hiring party controls how work is done and whether the worker faces entrepreneurship risks like managerial discretion or business risk. The bill bars using legal compliance, stricter health and safety rules, insurance requirements, or contractual performance standards (such as deadlines) to classify someone as an employee.
- Employers: Gives employers an explicit FLSA-based standard to follow when deciding who is a contractor. The rule applies to determinations made on or after enactment.
- Unions and collective bargaining: Requires the National Labor Relations Act to use the same FLSA standard when deciding who counts as an employee for union rights and collective-bargaining purposes.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 0 costs, 2 mixed.
New test for contractor status
If enacted, the bill would add a two-part test to decide who is an independent contractor. An individual would be an independent contractor if the hiring party does not exercise significant control over how work is done and if the worker faces entrepreneurship-style opportunities and risks. The bill would bar using these four factors to show someone is an employee: (1) compliance with laws or regulations, (2) compliance with stricter health and safety rules, (3) requiring the worker to carry any insurance, and (4) requiring contract performance standards such as deadlines. These rules would apply only to classification decisions made on or after the bill's enactment date.
Use FLSA test for union rules
If enacted, the bill would require the National Labor Relations Act to use the FLSA's new independent contractor test when deciding NLRA coverage. This would make the same two-part FLSA standard control future NLRA decisions about who is an employee. The change would apply to NLRA determinations made on or after the bill's enactment date. This could change who can form unions or get NLRA protections in many workplaces.
Sponsors & CoSponsors
Sponsor
Kiley (CA)
CA • R
Cosponsors
Rutherford
FL • R
Sponsored 2/13/2025
Moolenaar
MI • R
Sponsored 2/13/2025
Messmer
IN • R
Sponsored 2/13/2025
Ogles
TN • R
Sponsored 2/13/2025
Kean
NJ • R
Sponsored 3/25/2025
Grothman
WI • R
Sponsored 3/31/2025
Stefanik
NY • R
Sponsored 4/7/2025
Burlison
MO • R
Sponsored 4/24/2025
Allen
GA • R
Sponsored 6/3/2025
Owens
UT • R
Sponsored 6/4/2025
Onder
MO • R
Sponsored 6/11/2025
Baumgartner
WA • R
Sponsored 6/12/2025
Burchett
TN • R
Sponsored 6/26/2025
Miller (IL)
IL • R
Sponsored 7/21/2025
Letlow
LA • R
Sponsored 7/21/2025
Carter (GA)
GA • R
Sponsored 10/8/2025
Arrington
TX • R
Sponsored 10/24/2025
Steube
FL • R
Sponsored 10/24/2025
Gill (TX)
TX • R
Sponsored 11/7/2025
Murphy
NC • R
Sponsored 11/17/2025
Donalds
FL • R
Sponsored 12/18/2025
Babin
TX • R
Sponsored 12/23/2025
Foxx
NC • R
Sponsored 2/2/2026
Roll Call Votes
No roll call votes available for this bill.
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