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I
116TH CONGRESS
1ST SESSION H. R. 4069
To amend the Fair Labor Standards Act of 1938 to harmonize the definition
of employee with the common law.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2019
Ms. STEFANIK (for herself, Mr. BYRNE, and Mr. DAVID P. ROE of Tennessee)
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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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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•HR 4069 IH
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 (as applied for purposes of section 3121(d) of the
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Internal Revenue Code of 1986)’’.
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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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