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House Bill 1320
119th Congress(2025-2026)
Modern Worker Security Act
Introduced
Introduced
Introduced in House on Feb 13, 2025
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H. R. 1320 (Introduced-in-House)


119th CONGRESS
1st Session
H. R. 1320


To ensure that the provision of portable benefits to an individual is not considered in determining whether such individual is an employee of a person.

IN THE HOUSE OF REPRESENTATIVES

February 13, 2025

Mr. Kiley of California (for himself and Mr. Messmer) introduced the following bill; which was referred to the Committee on Education and Workforce

A BILL

To ensure that the provision of portable benefits to an individual is not considered in determining whether such individual is an employee of a person.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Benefits to not be considered.

(a) In general.—In determining whether an individual is an employee of a person for the purposes of any Federal law, such a determination shall be made without considering whether such person provides to the individual a portable benefit.

(b) Definitions.—In this Act:

(1) PORTABLE BENEFIT.—The term “portable benefit” means a work-related benefit that is provided to an individual for work performed for another person in a manner that allows the individual to maintain the benefits without regard to whether the individual continues to perform work for such person.

(2) WORK-RELATED BENEFIT.—The term “work-related benefit”—

(A) means benefits, including protections, of a type that are commonly provided to full-time employees, such as workers’ compensation, skills training, professional development, paid leave, disability coverage, health insurance coverage, retirement savings, income security, and short-term saving; and

(B) includes contributions, financial or otherwise, to such benefits—

(i) made on behalf of an individual by a person in connection with work performed by the individual for the person;

(ii) made by the individual; or

(iii) made through a combination of subparagraphs (A) and (B).