Kevin Kiley (I-CA)

Modern Worker Empowerment Act

H.R. 1319 · House bill Labor and Employment

A bill from an independent · See all 23 cosponsors

Last activity — Placed on the Union Calendar, Calendar No. 431.

Cleared committee, waiting for its first floor vote

A committee approved it and it is on the calendar of the chamber it started in.

This is further than most bills get, and still no promise of a vote: the calendar is a queue, and the majority leadership decides what is called. A bill can sit here until the Congress ends.

Its path through Congress

  1. Introduced
  2. On Calendar

What this bill would do

The Modern Worker Empowerment Act aims to amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act. It seeks to clarify the specific standard used to determine if an individual is an employee or an independent contractor. The bill establishes new criteria for independent contractor status based on the level of control exercised and the presence of entrepreneurial risks. It also prohibits certain factors from being used to classify an individual as an employee. Finally, it aligns the National Labor Relations Act with these new standards.

Yes· 3 of 5

  • Scored +5

    Would business owners be better off under this?

    Provides greater certainty and potential cost savings by clarifying independent contractor criteria.

  • Scored +4

    Does this make it easier to run a small business?

    The bill provides greater clarity and reduces the risk of misclassification litigation for small businesses using contractors.

  • Scored +3

    Is this likely to create jobs?

    By making it easier to classify workers as independent contractors, the bill may reduce the administrative and financial burdens of hiring.

The opposite· 3 of 6

  • Scored -6

    Would union members be better off under this?

    The bill may reduce the number of employees eligible for unionization and collective bargaining.

  • Scored -5

    Does this strengthen the rights of workers to organise?

    Aligning the NLRA with the new FLSA standard may make it more difficult for gig workers to be classified as employees with collective bargaining rights.

  • Scored -3

    Would households on low incomes be better off under this?

    The bill may reduce the number of workers classified as employees, potentially limiting their access to wage and benefit protections.