[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 526 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 526

    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

                March 2 (legislative day, March 1), 2021

 Mr. Scott of South Carolina (for himself, Mrs. Blackburn, Mr. Braun, 
and Mr. Cramer) 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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