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II
116TH CONGRESS
1ST SESSION
S. 2973
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
DECEMBER 4, 2019
Mr. SCOTT of South Carolina (for himself and Mrs. BLACKBURN) 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 2973 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 (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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