Section 1 Short title
This Act may be cited as the “Modern Worker Security Act”.
Modern Worker Security Act
A BILL
To ensure that the provision of portable benefits to an individual is not considered in determining whether such individual is an employee of a person.
Sec. 2 Prohibition on consideration of benefits
Prohibition— Beginning on the date of enactment of this Act, for the purposes of any Federal law, a determination of whether an individual is an employee of a person shall be made without considering whether such person provides a benefit to the individual.
Benefit defined— In this Act, the term “benefit” includes—
a benefit, including a protection, that is provided to an individual for work performed for another person that the individual may maintain without regard to whether the individual continues to perform work for such person;
a benefit, including a protection, that is commonly provided to a full-time employee (such as workers’ compensation, skills training, professional development, paid leave, disability coverage, health insurance coverage, retirement savings, and short-term savings); and
a contribution, financial or otherwise, with respect to a benefit described in paragraph (1) or (2) that is—
made on behalf of an individual by a person in connection with work performed by the individual for the person;
made by the individual; or
made through a combination of subparagraphs (A) and (B).