H.R. 1319House119th Congress (2025-2027)In Committee

Modern Worker Empowerment Act

Introduced February 13, 2025

AI-Generated Summary

Updated February 26, 2026 at 4:31 AM UTC

The Modern Worker Empowerment Act amends the Fair Labor Standards Act and the National Labor Relations Act to clarify how an individual’s status as an employee or independent contractor is determined. It sets new criteria focused on the degree of control and entrepreneurial risk, and bars certain factors—such as compliance with regulations, health‑and‑safety rules, insurance requirements, and performance deadlines—from being used to label someone an employee. The changes affect workers, employers, and labor unions by providing a clearer, more limited test for employee classification.

Key Provisions

  • Add a new sub‑paragraph that defines an independent contractor as someone whose work is not subject to significant control over how it is performed and who bears entrepreneurial opportunities and risks.
  • Prohibit the use of four specific factors—mandatory legal or regulatory compliance, stricter health‑and‑safety standards, required insurance, and contractually set performance standards—in determining employee status.
  • Amend the National Labor Relations Act to reference the updated Fair Labor Standards Act criteria when defining “employee.”
  • Apply the new definitions to any employee‑vs‑independent‑contractor determinations made on or after the law’s enactment.

Legislative Activity

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5 earlier actions
HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 431.

February 20, 2026

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HouseIntro Referral

Introduced in House

February 13, 2025

HouseIntro Referral

Referred to the House Committee on Education and Workforce.

February 13, 2025

HouseCommittee

Committee Consideration and Mark-up Session Held

July 23, 2025

HouseCommittee

Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 19 - 16.

July 23, 2025

HouseCommittee

Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-505.

February 20, 2026

HouseCalendars

Placed on the Union Calendar, Calendar No. 431.

February 20, 2026

Floor Debate

7 members

What members said about H.R. 1319 on the floor

6 Republicans1 Democrat
Rand Paul
Sen. Rand PaulR-KY · Sep 29, 2025

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, this spring, just a few days before Congress enacted the last continuing resolution, which…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Sep 29, 2025

Mr. President, the Senator from Wyoming is a friend of mine, really. And though we may disagree on some political issues, I greatly respect him and am glad to call him a colleague. But we do disagree…

John Cornyn
Sen. John CornynR-TX · Sep 29, 2025

Madam President, I want to begin my remarks this afternoon by reflecting on the tragic shooting at the Dallas ICE Facility that happened this last week. One detainee was killed and two others were…

John Barrasso
Sen. John BarrassoR-WY · Sep 29, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, the government is on the verge of a Democrat-caused shutdown, a shutdown of the Government of…

Roger F. Wicker
Sen. Roger F. WickerR-MS · Sep 29, 2025

Madam President, I expect the distinguished minority leader, my friend from New York, will speak possibly after the first vote and report that we are still at an impasse on funding the government,…

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Chuck Grassley
Sen. Chuck GrassleyR-IA · Sep 29, 2025

Mr. President, the Chaplain, in his opening prayer, mentioned something about the shutting down of the government. It would be a good opportunity for me to follow on that and say that it costs money…

Steve Daines
Sen. Steve DainesR-MT · Sep 29, 2025

Madam President, I ask unanimous consent to waive the mandatory quorum calls with respect to the Waltz nomination and Calendar No. 161, S. 2806.

Bill Text

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Reported in HouseIssued February 20, 2026

IB

Union Calendar No. 431

119th CONGRESS

2d Session

H. R. 1319

[Report No. 119–505]

IN THE HOUSE OF REPRESENTATIVES

February 13, 2025

Mr. Kiley of California (for himself, Mr. Rutherford, Mr. Moolenaar, Mr. Messmer, and Mr. Ogles) introduced the following bill; which was referred to the Committee on Education and Workforce

February 20, 2026

Additional sponsors: Mr. Kean, Mr. Grothman, Ms. Stefanik, Mr. Burlison, Mr. Allen, Mr. Owens, Mr. Onder, Mr. Baumgartner, Mr. Burchett, Mrs. Miller of Illinois, Ms. Letlow, Mr. Carter of Georgia, Mr. Arrington, Mr. Steube, Mr. Gill of Texas, Mr. Murphy, Mr. Donalds, Mr. Babin, and Ms. Foxx

February 20, 2026

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on February 13, 2025


A BILL

To amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee, and for other purposes.


1.

Short title

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

2.

Criteria for determining employee status

Section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)) is amended—

(1)

by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;

(2)

in paragraph (1), by striking paragraphs (2), (3), and (4) and inserting paragraphs (3), (4), and (5); and

(3)

by inserting after paragraph (1) the following:

(2)
(A)

An individual shall be determined to be an independent contractor rather than an employee of another person if—

(i)

such other person does not exercise significant control over the details of the way the work is performed by the individual, without regard to any control the other person may exercise over the final result of the work performed; and

(ii)

while performing such work, the individual has the opportunities and risks inherent with entrepreneurship, such as the discretion to exercise managerial skill, business acumen, or professional judgment.

(B)

The following factors may not be used in determining that an individual is an employee of another person:

(i)

Whether such other person requires the individual to comply with legal, statutory, or regulatory requirements.

(ii)

Whether such other person requires the individual to comply with health and safety standards that are more stringent than otherwise applicable health and safety standards.

(iii)

Whether such other person requires the individual to carry insurance of any kind.

(iv)

Whether such other person requires the individual to meet contractually agreed-upon performance standards, such as deadlines.

.

3.

Employee classification under the National Labor Relations Act

Section 2(3) of the National Labor Relations Act (29 U.S.C. 152(3)) is amended—

(1)

by striking (3) The term employee shall and inserting the following:

(3)
(A)

The term employee shall

; and

(2)

by adding at the end the following:

(B)

Section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)) shall be used in determining whether an individual is an independent contractor or an employee of another person.

.

4.

Application

The amendments made by this Act shall apply with respect to a determination of whether an individual is an independent contractor or an employee of a person that is made on or after the date of enactment of this Act.

February 20, 2026

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed