Prohibition on consideration of benefits

(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).