[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5918 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5918

To establish requirements for participants in the peer-to-peer economy 
to be considered independent contractors and not employees for purposes 
                of several employment-related statutes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2016

Mr. Schweikert introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To establish requirements for participants in the peer-to-peer economy 
to be considered independent contractors and not employees for purposes 
                of several employment-related statutes.

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

SECTION 1. STATUS OF INDIVIDUALS OPERATING IN THE PEER-TO-PEER ECONOMY 
              FOR PURPOSES OF CERTAIN EMPLOYMENT LAWS.

    (a) Status of Individuals Not Considered Employees.--An individual 
operating in the peer-to-peer economy shall not be considered an 
employee for purposes of the Acts described in subsection (b) if such 
individual--
            (1) is permitted to determine the hours during which the 
        covered individual offers services to users;
            (2) is subject to a quality-of-service evaluation of the 
        service or services provided by such individual through a user-
        based rating system;
            (3) provides any user of such service with an electronic 
        description of the transaction and the amount paid for the 
        service; and
            (4) uses the individual's own tools or assets to provide 
        such services.
    (b) Applicable Employment Laws.--The laws referred to in subsection 
(a) include the following:
            (1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
        seq.).
            (2) The Family Medical Leave Act of 1993 (29 U.S.C. 2601 et 
        seq.).
            (3) The National Labor Relations Act (29 U.S.C. 151 et 
        seq.).
    (c) Definitions.--In this Act--
            (1) the term ``peer-to-peer economy'' means the business of 
        facilitating transactions between a user seeking a service and 
        an individual providing that service using an online platform 
        or mobile application;
            (2) the term ``mobile application'' means a software 
        program that--
                    (A) runs on the operating system of a mobile 
                device; and
                    (B) collects data from a user; and
            (3) the term ``mobile device'' means a mobile telephone, 
        tablet computer, or similar portable computing device that 
        transmits data over a wireless connection.
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