Modern Worker Empowerment Act
Sponsored By: Senator Scott, Tim [R-SC]
Introduced
Summary
Would align the Fair Labor Standards Act's definition of "employee" with ordinary common-law tests. It would also clarify that the act of permitting someone to work counts as "employ" by adding brief clarifying language to the statute.
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- Workers: Whether a person counts as an FLSA employee would be decided under the usual common-law rules, creating a single, familiar test for employee status.
- Employers: The bill makes clear that allowing someone to work is part of "employ," giving employers a more explicit standard to evaluate who they treat as staff.
- Courts and agencies: Judges and regulators would apply ordinary common-law factors when determining FLSA employee status, rather than a separate statutory test.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
More workers counted as employees
If enacted, this bill would change two short phrases in the federal pay law. It would tie the word employee to usual common-law rules and insert "an employee" after the word permit. If more people count as employees, they would be eligible for minimum wage and overtime. Employers could face higher pay costs and more compliance duties. These changes would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Scott, Tim [R-SC]
SC • R
Cosponsors
Sen. Cassidy, Bill [R-LA]
LA • R
Sponsored 7/15/2025
Sen. Cramer, Kevin [R-ND]
ND • R
Sponsored 5/11/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov