Reported in House
Modern Worker Security Act
SEC. 1. BENEFITS TO NOT BE CONSIDEREDRemoved in this versionTrack this section →
(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).
SEC. 1. SHORT TITLENew in this versionTrack this section →
This Act may be cited as the Modern Worker Security Act.
SEC. 2. PROHIBITION ON CONSIDERATION OF BENEFITSNew in this versionTrack this section →
(a) Prohibition Beginning on the date of enactment of this Act, for the purposes of any Federal law, a determination of whether an individual is an employee of a person shall be made without considering whether such person provides a benefit to the individual. (b) Benefit defined In this Act, the term benefit includes— (1) a benefit, including a protection, that is provided to an individual for work performed for another person that the individual may maintain without regard to whether the individual continues to perform work for such person; (2) a benefit, including a protection, that is commonly provided to a full-time employee (such as workers’ compensation, skills training, professional development, paid leave, disability coverage, health insurance coverage, retirement savings, and short-term savings); and (3) a contribution, financial or otherwise, with respect to a benefit described in paragraph (1) or (2) that is— (A) made on behalf of an individual by a person in connection with work performed by the individual for the person; (B) made by the individual; or (C) made through a combination of subparagraphs (A) and (B).