H.R. 1320 — what changed

Modern Worker Security Act

From Introduced in House to Reported in House. 1 section amended and 1 added between Introduced in House and Reported in House.

Section 1 Short title

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

(a)

removed In general— In determining whether an individual is an employee of a person for the purposes of any Federal law, such a determination shall be made without considering whether such person provides to the individual a portable benefit.

(b)

removed Definitions— In this Act:

(1)

removed Portable benefit— The term portable benefit means a work-related benefit that is provided to an individual for work performed for another person in a manner that allows the individual to maintain the benefits without regard to whether the individual continues to perform work for such person.

(2)

removed Work-related benefit— The term “work-related benefit”—

(A)

removed means benefits, including protections, of a type that are commonly provided to full-time employees, such as workers’ compensation, skills training, professional development, paid leave, disability coverage, health insurance coverage, retirement savings, income security, and short-term saving; and

(B)

removed includes contributions, financial or otherwise, to such benefits—

(i)

removed made on behalf of an individual by a person in connection with work performed by the individual for the person;

(ii)

removed made by the individual; or

(iii)

removed made through a combination of subparagraphs (A) and (B).

Sec. 2 Prohibition on consideration of benefits

added

(a)

added 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.

(b)

added Benefit defined— In this Act, the term “benefit” includes—

(1)

added 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;

(2)

added 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

(3)

added a contribution, financial or otherwise, with respect to a benefit described in paragraph (1) or (2) that is—

(A)

added made on behalf of an individual by a person in connection with work performed by the individual for the person;

(B)

added made by the individual; or

(C)

added made through a combination of subparagraphs (A) and (B).