116th CONGRESS 1st Session |
To amend the Fair Labor Standards Act of 1938 to harmonize the definition of employee with the common law.
December 4, 2019
Mr. Scott of South Carolina (for himself and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
To amend the Fair Labor Standards Act of 1938 to harmonize the definition of employee with the common law.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Modern Worker Empowerment Act”.
SEC. 2. Amendments to the Fair Labor Standards Act of 1938 to harmonize the definition of employee.
(a) Definition of employee.—Section 3(e)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(1)) is amended by inserting before the period the following: “, as determined under the usual common law rules (as applied for purposes of section 3121(d) of the Internal Revenue Code of 1986)”.
(b) Definition of employ.—Section 3(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(g)) is amended by inserting “an employee” after “permit”.