Modern Worker Empowerment Act
Sponsored By: Representative Kiley (CA)
In Committee
Summary
Prioritizes worker independence and entrepreneurial risk over compliance or contract details. This bill would create a single, two-part test to decide whether a worker is an independent contractor or an employee, and make that same test apply under both the Fair Labor Standards Act and the National Labor Relations Act.
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- Workers: Under the bill an individual would be an independent contractor if the hiring party does not exercise significant control over how the work is done and the worker faces entrepreneurial opportunities or risks such as using managerial skill, business acumen, or professional judgment. The bill also bars using things like regulatory compliance, insurance rules, stricter health and safety standards, or agreed performance deadlines as determinative factors for calling someone an employee.
- Employers: Employers would have a single, consistent standard to follow for both wage and labor law questions. That alignment would change how future classification disputes are decided and affect which workers qualify for employee protections.
- Labor agencies and unions: The bill rewrites the National Labor Relations Act definition of “employee” to use the new Fair Labor Standards Act test. The change would govern determinations made on or after enactment.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
Easier contractor tests for workers and firms
This bill would change how workers are classified under two major federal labor laws. It would add a two-part test that treats a person as an independent contractor when the hiring party does not exercise significant control over how work is done and the worker faces business-like opportunities and risks, such as using managerial skill or professional judgment. The bill would also bar using whether a worker must follow legal rules, stricter health or safety standards, carry insurance, or meet contract deadlines to decide they are an employee. If enacted, this would require the same test for National Labor Relations Act decisions made on or after the date of enactment and would make it easier for businesses to classify people as contractors; some workers could lose employee protections like overtime, unemployment, and employer-provided benefits.
Sponsors & CoSponsors
Sponsor
Kiley (CA)
CA • I
Cosponsors
Rutherford
FL • R
Sponsored 2/13/2025
Rep. Moolenaar, John R. [R-MI-2]
MI • R
Sponsored 2/13/2025
Messmer
IN • R
Sponsored 2/13/2025
Rep. Ogles, Andrew [R-TN-5]
TN • R
Sponsored 2/13/2025
Kean
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
Allen
GA • R
Sponsored 6/3/2025
Rep. Owens, Burgess [R-UT-4]
UT • R
Sponsored 6/4/2025
Onder
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
Babin
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.
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