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I
117TH CONGRESS
1ST SESSION H. R. 1523
To amend the Fair Labor Standards Act of 1938 to harmonize the definition
of employee with the common law.
IN THE HOUSE OF REPRESENTATIVES
MARCH 2, 2021
Ms. STEFANIK (for herself, Mrs. STEEL, Mr. NORMAN, Mr. GAETZ, Mr. COLE,
Mrs. MILLER of West Virginia, Mrs. RODGERS of Washington, and Mr.
HERN) introduced the following bill; which was referred to the Committee
on Education and Labor
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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•HR 1523 IH
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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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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