S 3018 United States Senate · 118th Congress

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.

This bill clarifies when a worker is classified as an employee versus an independent contractor under federal law. It adds specific criteria: a worker is an independent contractor if the company doesn't control *how* the work is done (only the final result) and the worker has entrepreneurial risks and opportunities. The bill explicitly prohibits using factors like compliance with health/safety standards, insurance requirements, or meeting deadlines to classify workers as employees. This directly affects workers (determining their eligibility for minimum wage, overtime, and union rights) and businesses that classify workers as contractors.
Bill status in committee 1 of 4 stages cleared
Introduction
Oct 2023
Committee Review
Floor Vote
President
Introduced Oct 4, 2023 Last action Oct 4, 2023
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Full legislative history

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Total actions
2
Key actions
0
Committee
1
Oct 4, 2023
Committee
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
upper
Oct 4, 2023
Introduced
Introduced in Senate
upper
1 primary · 7 co-sponsors

Sponsors