1. Short title
This Act may be cited as the “Modern Worker Empowerment Act”.
Modern Worker Empowerment Act
A BILL
To amend the Fair Labor Standards Act of 1938 to harmonize the definition of employee with the common law.
2. Amendments to the Fair Labor Standards Act of 1938 to harmonize the definition of employee
Definition of employee— Section 3(e)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(1)) is amended by inserting before the period the following: “, as determined under the usual common law rules (as applied for purposes of section 3121(d) of the Internal Revenue Code of 1986)”.
Definition of employ— Section 3(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(g)) is amended by inserting “an employee” after “permit”.