H.R. 1320 – Modern Worker Security Act

AI-Generated Summary

Updated February 26, 2026 at 4:32 AM UTC

The Modern Worker Security Act would change how federal law determines whether a worker is an employee. It says that the fact a person receives portable or other benefits cannot be used as a factor in that determination. The rule would apply to all federal statutes that define employee status, affecting workers, employers, and benefit providers.

Key Provisions

Effective upon enactment, federal agencies must decide if someone is an employee without looking at whether the person receives any benefits from the employer.
The law defines “benefit” broadly to include portable benefits that can be kept regardless of continued work, typical full‑time employee benefits such as health insurance, paid leave, retirement savings, and any financial or non‑financial contributions made by the employer, the worker, or both.

Legislative Activity

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5 earlier actions

HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 432.

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.

Education and Workforce Committee

February 13, 2025

HouseCommittee

Committee Consideration and Mark-up Session Held

Education and Workforce Committee

July 23, 2025

HouseCommittee

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

Education and Workforce Committee

July 23, 2025

HouseCommittee

Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-506.

Education and Workforce Committee

February 20, 2026

HouseCalendars

Placed on the Union Calendar, Calendar No. 432.

February 20, 2026

Floor Debate

1 member

What members said about H.R. 1320 on the floor

1 Republican

Rep. Randy K. Weber, Sr.R-TX-14 · Jun 17, 2025

Mr. Speaker, I rise today to honor Juneteenth, a day that holds deep meaning not just for our Nation but especially for the proud people of Galveston, Texas. One hundred sixty years ago, Union troops…

Bill Text

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Reported in HouseIssued February 20, 2026

IB

Union Calendar No. 432

119th CONGRESS

2d Session

H. R. 1320

[Report No. 119–506]

IN THE HOUSE OF REPRESENTATIVES

February 13, 2025

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

February 20, 2026

Additional sponsors: Mr. Kean, Mr. Carter of Georgia, Mr. Owens, Mr. Onder, Mr. Grothman, Mr. Baumgartner, Ms. Stefanik, and Mrs. Miller of Illinois

February 20, 2026

Reported with amendments, 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 ensure that the provision of portable benefits to an individual is not considered in determining whether such individual is an employee of a person.

1.

Short title

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

2.

Prohibition on consideration of benefits

(a)

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)

Benefit defined

In this Act, the term benefit includes—

(1)

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)

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)

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

(A)

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

(B)

made by the individual; or

(C)

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

Amend the title so as to read: A bill to prohibit the consideration of benefits when determining whether an individual is an employee of a person..

February 20, 2026

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