US Codex
Bill
Notes

Modern Worker Empowerment Act

S. 526 · 117th Congress · Mar 2, 2021 · Lineage

A BILL

To amend the Fair Labor Standards Act of 1938 to harmonize the definition of employee with the common law.

Section 1 Short title

This Act may be cited as the “Modern Worker Empowerment Act”.

Sec. 2 Amendments to the Fair Labor Standards Act of 1938 to harmonize the definition of employee

(a)
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”.
(b)
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”.