[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2973 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2973

    To amend the Fair Labor Standards Act of 1938 to harmonize the 
              definition of employee with the common law.


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                   IN THE SENATE OF THE UNITED STATES

                            December 4, 2019

Mr. Scott of South Carolina (for himself and Mrs. Blackburn) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

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                                 A BILL


 
    To amend the Fair Labor Standards Act of 1938 to harmonize the 
              definition of employee with the common law.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938 TO HARMONIZE 
              THE DEFINITION OF EMPLOYEE.

    (a) Definition of Employee.--Section 3(e)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(e)(1)) is amended by inserting 
before the period the following: ``, as determined under the usual 
common law rules (as applied for purposes of section 3121(d) of the 
Internal Revenue Code of 1986)''.
    (b) Definition of Employ.--Section 3(g) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(g)) is amended by inserting ``an employee'' 
after ``permit''.
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