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H. R. 1319 To amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee, and for other purposes.
Summary
This bill amends the Fair Labor Standards Act of 1938 and the National Labor Relations Act to establish a new federal standard for determining whether an individual is an independent contractor or an employee. Under the bill, an individual is classified as an independent contractor if the other person does not exercise significant control over how the work is performed and the individual has opportunities and risks inherent with entrepreneurship. The bill specifies that certain factors cannot be used to determine employee status, including requirements to comply with legal or health and safety standards, carry insurance, or meet performance deadlines. The new standard applies to determinations made on or after the date of enactment.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Rep. Kiley, Kevin [R-CA-3] (R-CA)
23 cosponsors
- Rep. Allen, Rick W. [R-GA-12] (R-GA)
- Rep. Arrington, Jodey C. [R-TX-19] (R-TX)
- Rep. Babin, Brian [R-TX-36] (R-TX)
- Rep. Baumgartner, Michael [R-WA-5] (R-WA)
- Rep. Burchett, Tim [R-TN-2] (R-TN)
- Rep. Burlison, Eric [R-MO-7] (R-MO)
- Rep. Carter, Earl L. "Buddy" [R-GA-1] (R-GA)
- Rep. Donalds, Byron [R-FL-19] (R-FL)
- Rep. Foxx, Virginia [R-NC-5] (R-NC)
- Rep. Gill, Brandon [R-TX-26] (R-TX)
- Rep. Grothman, Glenn [R-WI-6] (R-WI)
- Rep. Kean, Thomas H. [R-NJ-7] (R-NJ)
- Rep. Letlow, Julia [R-LA-5] (R-LA)
- Rep. Messmer, Mark [R-IN-8] (R-IN)
- Rep. Miller, Mary E. [R-IL-15] (R-IL)
- Rep. Moolenaar, John R. [R-MI-2] (R-MI)
- Rep. Murphy, Gregory F. [R-NC-3] (R-NC)
- Rep. Ogles, Andrew [R-TN-5] (R-TN)
- Rep. Onder, Robert F. [R-MO-3] (R-MO)
- Rep. Owens, Burgess [R-UT-4] (R-UT)
- Rep. Rutherford, John H. [R-FL-5] (R-FL)
- Rep. Stefanik, Elise M. [R-NY-21] (R-NY)
- Rep. Steube, W. Gregory [R-FL-17] (R-FL)
Money behind the sponsor
Top reported contributors to Kevin Kiley’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- SOVEREIGN NATION $17,700
- NULL $14,855
- LECAVALIER CELLARS $13,200
- STARKEY HEARING TECHNOLOGIES $13,200
- BRODIE GENERATIONAL CAPITAL PARTNERS $13,200
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Kevin Kiley → · Outside spending →
Actions (6)
- Feb 20, 2026 Placed on the Union Calendar, Calendar No. 431. · house
- Feb 20, 2026 Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-505. · house
- Jul 23, 2025 Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 19 - 16. · house
- Jul 23, 2025 Committee Consideration and Mark-up Session Held · house
- Feb 13, 2025 Referred to the House Committee on Education and Workforce. · house
- Feb 13, 2025 Introduced in House
More bills on these subjects (8)
Other bills that carry the most legislative subjects in common with this one (topical discovery — distinct from the procedural related bills above).
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Text versions (2)
Bills are re-published as they move (Introduced → Reported → Engrossed → Enrolled …). Each stage below is a separate text; pick two to see what changed. Data from Congress.gov.
Full text
IN THE HOUSE OF REPRESENTATIVES
February 13, 2025
Mr. Kiley of California (for himself, Mr. Rutherford, Mr. Moolenaar, Mr. Messmer, and Mr. Ogles) introduced the following bill; which was referred to the Committee on Education and Workforce
February 20, 2026
Additional sponsors: Mr. Kean, Mr. Grothman, Ms. Stefanik, Mr. Burlison, Mr. Allen, Mr. Owens, Mr. Onder, Mr. Baumgartner, Mr. Burchett, Mrs. Miller of Illinois, Ms. Letlow, Mr. Carter of Georgia, Mr. Arrington, Mr. Steube, Mr. Gill of Texas, Mr. Murphy, Mr. Donalds, Mr. Babin, and Ms. Foxx
February 20, 2026
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on February 13, 2025]
A BILL
To amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee, and for other purposes.
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”.
SECTION 2. CRITERIA FOR DETERMINING EMPLOYEE STATUS.
Section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)) is amended—
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;
(2) in paragraph (1), by striking “paragraphs (2), (3), and (4)” and inserting “paragraphs (3), (4), and (5)”; and
(3) by inserting after paragraph (1) the following:
“(2)(A) An individual shall be determined to be an independent contractor rather than an employee of another person if—
“(i) such other person does not exercise significant control over the details of the way the work is performed by the individual, without regard to any control the other person may exercise over the final result of the work performed; and
“(ii) while performing such work, the individual has the opportunities and risks inherent with entrepreneurship, such as the discretion to exercise managerial skill, business acumen, or professional judgment.
“(B) The following factors may not be used in determining that an individual is an employee of another person:
“(i) Whether such other person requires the individual to comply with legal, statutory, or regulatory requirements.
“(ii) Whether such other person requires the individual to comply with health and safety standards that are more stringent than otherwise applicable health and safety standards.
“(iii) Whether such other person requires the individual to carry insurance of any kind.
“(iv) Whether such other person requires the individual to meet contractually agreed-upon performance standards, such as deadlines.”.
SEC. 3. EMPLOYEE CLASSIFICATION UNDER THE NATIONAL LABOR RELATIONS ACT.
Section 2(3) of the National Labor Relations Act (29 U.S.C. 152(3)) is amended—
(1) by striking “(3) The term ‘employee’ shall” and inserting the following:
“(3)(A) The term ‘employee’ shall”; and
(2) by adding at the end the following:
“(B) Section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)) shall be used in determining whether an individual is an independent contractor or an employee of another person.”.
SEC. 4. APPLICATION.
The amendments made by this Act shall apply with respect to a determination of whether an individual is an independent contractor or an employee of a person that is made on or after the date of enactment of this Act. Union Calendar No. 431
119th CONGRESS
2d Session
H. R. 1319
[Report No. 119-505]
A BILL
To amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee, and for other purposes.
February 20, 2026
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
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