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II
117TH CONGRESS
1ST SESSION
S. 526
To amend the Fair Labor Standards Act of 1938 to harmonize the definition
of employee with the common law.
IN THE SENATE OF THE UNITED STATES
MARCH 2 (legislative day, MARCH 1), 2021
Mr. SCOTT of South Carolina (for himself, Mrs. BLACKBURN, Mr. BRAUN,
and Mr. CRAMER) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
A BILL
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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Modern Worker Em-
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powerment Act’’.
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SEC. 2. AMENDMENTS TO THE FAIR LABOR STANDARDS
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ACT OF 1938 TO HARMONIZE THE DEFINITION
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OF EMPLOYEE.
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(a) DEFINITION OF EMPLOYEE.—Section 3(e)(1) of
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the Fair Labor Standards Act of 1938 (29 U.S.C.
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•S 526 IS
203(e)(1)) is amended by inserting before the period the
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following: ‘‘, as determined under the usual common law
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rules’’.
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(b) DEFINITION OF EMPLOY.—Section 3(g) of the
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Fair Labor Standards Act of 1938 (29 U.S.C. 203(g)) is
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amended by inserting ‘‘an employee’’ after ‘‘permit’’.
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Æ
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