[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2228 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2228
To amend the Fair Labor Standards Act of 1938 to harmonize the
definition of employee with the common law.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 9, 2025
Mr. Scott of South Carolina introduced the following bill; which was
read twice and referred to the Committee on Health, Education, Labor,
and Pensions
_______________________________________________________________________
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''.
(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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