PRIA Logo™
119-hr-1319119th CongressWALLET

Modern Worker Empowerment Act

Sponsored By: Representative Kiley, Kevin [I-CA-3]

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.

Show full summary
  • 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.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

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, Kevin [I-CA-3]

CA • I

Cosponsors

  • Rep. Rutherford, John H. [R-FL-5]

    FL • R

    Sponsored 2/13/2025

  • Rep. Moolenaar, John R. [R-MI-2]

    MI • R

    Sponsored 2/13/2025

  • Rep. Messmer, Mark B. [R-IN-8]

    IN • R

    Sponsored 2/13/2025

  • Rep. Ogles, Andrew [R-TN-5]

    TN • R

    Sponsored 2/13/2025

  • Rep. Kean, Thomas H. [R-NJ-7]

    NJ • R

    Sponsored 3/25/2025

  • Rep. Grothman, Glenn [R-WI-6]

    WI • R

    Sponsored 3/31/2025

  • Rep. Stefanik, Elise M. [R-NY-21]

    NY • R

    Sponsored 4/7/2025

  • Rep. Burlison, Eric [R-MO-7]

    MO • R

    Sponsored 4/24/2025

  • Rep. Allen, Rick W. [R-GA-12]

    GA • R

    Sponsored 6/3/2025

  • Rep. Owens, Burgess [R-UT-4]

    UT • R

    Sponsored 6/4/2025

  • Rep. Onder, Robert F. [R-MO-3]

    MO • R

    Sponsored 6/11/2025

  • Rep. Baumgartner, Michael [R-WA-5]

    WA • R

    Sponsored 6/12/2025

  • Rep. Burchett, Tim [R-TN-2]

    TN • R

    Sponsored 6/26/2025

  • Rep. Miller, Mary E. [R-IL-15]

    IL • R

    Sponsored 7/21/2025

  • Rep. Letlow, Julia [R-LA-5]

    LA • R

    Sponsored 7/21/2025

  • Rep. Carter, Earl L. "Buddy" [R-GA-1]

    GA • R

    Sponsored 10/8/2025

  • Rep. Arrington, Jodey C. [R-TX-19]

    TX • R

    Sponsored 10/24/2025

  • Rep. Steube, W. Gregory [R-FL-17]

    FL • R

    Sponsored 10/24/2025

  • Rep. Gill, Brandon [R-TX-26]

    TX • R

    Sponsored 11/7/2025

  • Rep. Murphy, Gregory F. [R-NC-3]

    NC • R

    Sponsored 11/17/2025

  • Rep. Donalds, Byron [R-FL-19]

    FL • R

    Sponsored 12/18/2025

  • Rep. Babin, Brian [R-TX-36]

    TX • R

    Sponsored 12/23/2025

  • Rep. Foxx, Virginia [R-NC-5]

    NC • R

    Sponsored 2/2/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
Back to Legislation