[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1320 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 1320

 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.


_______________________________________________________________________


                    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

_______________________________________________________________________

                                 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.

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

SECTION 1. BENEFITS TO NOT BE CONSIDERED.

    (a) 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) Definitions.--In this Act:
            (1) 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) Work-related benefit.--The term ``work-related 
        benefit''--
                    (A) 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) includes contributions, financial or otherwise, 
                to such benefits--
                            (i) made on behalf of an individual by a 
                        person in connection with work performed by the 
                        individual for the person;
                            (ii) made by the individual; or
                            (iii) made through a combination of 
                        subparagraphs (A) and (B).
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