HR 1319
· 119th Congress
· Labor and Employment
Modern Worker Empowerment Act
Sponsor
Latest action
Placed on the Union Calendar, Calendar No. 431.
Action timeline
Every recorded action on this bill, newest first. Stage badges color-code the legislative path.
Feb 20, 2026
committee
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-505.
Education and Workforce Committee
Feb 20, 2026
other
Placed on the Union Calendar, Calendar No. 431.
Jul 23, 2025
committee
Committee Consideration and Mark-up Session Held
Education and Workforce Committee
Jul 23, 2025
committee
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 19 - 16.
Education and Workforce Committee
Feb 13, 2025
introduced
Introduced in House
Feb 13, 2025
introduced
Referred to the House Committee on Education and Workforce.
Education and Workforce Committee
Text versions
Each stage of the bill — official text published by GPO. Click any format to read on congress.gov / govinfo.
CRS summaries
Plain-English summaries written by the Congressional Research Service — neutral, nonpartisan staff who summarize bills as they advance through stages. The authoritative description of what each version of the bill does.
00
Introduced in House
Feb 13, 2025
This bill specifies a legal standard for determining whether an individual is considered an independent contractor rather than an employee for the purposes of federal labor laws that address issues such as the federal minimum wage, overtime compensation, and collective bargaining. The rights and protections provided by these laws exclusively apply to employees.
Under the bill, an individual is considered an independent contractor if (1) another individual or entity does not exercise significant control over the details of how the individual's work is performed, without regard to any control the other individual or entity may exercise over the final result of the work performed; and (2) while performing such work, the individual has opportunities and risks inherent with entrepreneurship (for example, the discretion to exercise professional judgment).
The bill also sets forth factors that may not be used to determine whether an individual is an employee. Specifically, factors such as whether another individual or entity requires the individual to meet certain legal, health and safety, insurance, or performance requirements may not be used to make such a determination.
via Congressional Research Service · published through congress.gov
Changelog
ⓘ
How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.
ih / is — Introduced in House / Senate. First filed version.rfh / rfs — Referred to a committee for review.rh / rs — Reported back by the committee to the floor (often with amendments — this is where most language changes happen).pcs / pch — Placed on Calendar for floor consideration.eh / es — Engrossed. Passed by the originating chamber. Text is now what was actually voted on.rdh / rds — Received by the other chamber.eah / eas — Engrossed Amendment. The other chamber passed an amended version.ath / ats — Agreed to. Both chambers settled on the same text.enr — Enrolled. Final reconciled text, sent to the President.pl — Public Law. Signed by the President. It's now law.pp — Public Print. Official printing post-enactment.
Most bills die before eh/es. Going from pcs → enr is the full path through both chambers.
ⓘ
How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.
ih/is— Introduced in House / Senate. First filed version.rfh/rfs— Referred to a committee for review.rh/rs— Reported back by the committee to the floor (often with amendments — this is where most language changes happen).pcs/pch— Placed on Calendar for floor consideration.eh/es— Engrossed. Passed by the originating chamber. Text is now what was actually voted on.rdh/rds— Received by the other chamber.eah/eas— Engrossed Amendment. The other chamber passed an amended version.ath/ats— Agreed to. Both chambers settled on the same text.enr— Enrolled. Final reconciled text, sent to the President.pl— Public Law. Signed by the President. It's now law.pp— Public Print. Official printing post-enactment.
Most bills die before eh/es. Going from pcs → enr is the full path through both chambers.
Line-level diff between text versions of this bill — what actually changed at each legislative stage.
+86
−39
31 unchanged
--- Introduced (House)
+++ Reported (House)
@@ -1,11 +1,14 @@
[From the U.S. Government Publishing Office]
-[H.R. 1319 Introduced in House (IH)]
+[H.R. 1319 Reported in House (RH)]
<DOC>
+Union Calendar No. 431
119th CONGRESS
-1st Session
+2d Session
H. R. 1319
+
+[Report No. 119-505]
To amend the Fair Labor Standards Act of 1938 and the National Labor
Relations Act to clarify the standard for determining whether an
@@ -21,6 +24,23 @@
Mr. Messmer, and Mr. Ogles) introduced the following bill; which was
referred to the Committee on Education and Workforce
+February 20, 2026
+
+Additional sponsors: Mr. Kean, Mr. Grothman, Ms. Stefanik, Mr.
+Burlison, Mr. Allen, Mr. Owens, Mr. Onder, Mr. Baumgartner, Mr.
+Burchett, Mrs. Miller of Illinois, Ms. Letlow, Mr. Carter of Georgia,
+Mr. Arrington, Mr. Steube, Mr. Gill of Texas, Mr. Murphy, Mr. Donalds,
+Mr. Babin, and Ms. Foxx
+
+February 20, 2026
+
+Reported with an amendment, committed to the Committee of the Whole
+House on the State of the Union, and ordered to be printed
+[Strike out all after the enacting clause and insert the part printed
+in italic]
+[For text of introduced bill, see copy of bill as introduced on
+February 13, 2025]
+
_______________________________________________________________________
A BILL
@@ -32,45 +52,43 @@
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
-SECTION 1. CRITERIA FOR DETERMINING EMPLOYEE STATUS.
+SECTION 1. SHORT TITLE.
-(a) Criteria for Determining Employee Status Under the Fair Labor
-Standards Act.--Section 3(e) of the Fair Labor Standards Act of 1938
-(29 U.S.C. 203(e)) is amended--
+This Act may be cited as the ``Modern Worker Empowerment Act''.
+
+SECTION 2. CRITERIA FOR DETERMINING EMPLOYEE STATUS.
+
+Section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
+203(e)) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(2) in paragraph (1), by striking ``paragraphs (2), (3),
and (4)'' and inserting ``paragraphs (3), (4), and (5)''; and
(3) by inserting after paragraph (1) the following:
-``(2)(A) An individual shall be determined to be an
-independent contractor rather than an employee of another
-person if--
-``(i) such other person does not exercise
-significant control over the details of the way the
-work is performed by the individual, without regard to
-any control the other person may exercise over the
-final result of the work performed; and
-``(ii) while performing such work, the individual
-has the opportunities and risks inherent with
-entrepreneurship, such as the discretion to exercise
-managerial skill, business acumen, or professional
-judgment.
-``(B) The following factors may not be used in determining
-that an individual is an employee of another person:
-``(i) Whether such other person requires the
-individual to comply with legal, statutory, or
-regulatory requirements.
-``(ii) Whether such other person requires the
-individual to comply with health and safety standards
-that are more stringent than otherwise applicable
-health and safety standards.
-``(iii) Whether such other person requires the
-individual to carry insurance of any kind.
-``(iv) Whether such other person requires the
-individual to meet contractually agreed-upon
-performance standards, such as deadlines.''.
+``(2)(A) An individual shall be determined to be an independent
+contractor rather than an employee of another person if--
+``(i) such other person does not exercise significant
+control over the details of the way the work is performed by
+the individual, without regard to any control the other person
+may exercise over the final result of the work performed; and
+``(ii) while performing such work, the individual has the
+opportunities and risks inherent with entrepreneurship, such as
+the discretion to exercise managerial skill, business acumen,
+or professional judgment.
+``(B) The following factors may not be used in determining that an
+individual is an employee of another person:
+``(i) Whether such other person requires the individual to
+comply with legal, statutory, or regulatory requirements.
+``(ii) Whether such other person requires the individual to
+comply with health and safety standards that are more stringent
+than otherwise applicable health and safety standards.
+``(iii) Whether such other person requires the individual
+to carry insurance of any kind.
+``(iv) Whether such other person requires the individual to
+meet contractually agreed-upon performance standards, such as
+deadlines.''.
-SEC. 2. EMPLOYEE CLASSIFICATION UNDER THE NATIONAL LABOR RELATIONS ACT.
+SEC. 3. EMPLOYEE CLASSIFICATION UNDER THE NATIONAL LABOR RELATIONS ACT.
Section 2(3) of the National Labor Relations Act (29 U.S.C. 152(3))
is amended--
@@ -78,8 +96,37 @@
inserting the following:
``(3)(A) The term `employee' shall''; and
(2) by adding at the end the following:
-``(B) Section 3(e)(2) of the Fair Labor Standards
-Act of 1938 (29 U.S.C. 203(e)(2)) shall be used in
-determining whether an individual is an independent
-contractor or an employee of another person.''.
-<all>
+``(B) Section 3(e)(2) of the Fair Labor Standards Act of 1938 (29
+U.S.C. 203(e)(2)) shall be used in determining whether an individual is
+an independent contractor or an employee of another person.''.
+
+SEC. 4. APPLICATION.
+
+The amendments made by this Act shall apply with respect to a
+determination of whether an individual is an independent contractor or
+an employee of a person that is made on or after the date of enactment
+of this Act.
+Union Calendar No. 431
+
+119th CONGRESS
+
+2d Session
+
+H. R. 1319
+
+[Report No. 119-505]
+
+_______________________________________________________________________
+
+A BILL
+
+To amend the Fair Labor Standards Act of 1938 and the National Labor
+Relations Act to clarify the standard for determining whether an
+individual is an employee, and for other purposes.
+
+_______________________________________________________________________
+
+February 20, 2026
+
+Reported with an amendment, committed to the Committee of the Whole
+House on the State of the Union, and ordered to be printed
Lobbying activity
Organizations whose LDA filings reference this bill, ranked by filing count. Position not disclosed — LDA does not require lobbyists to report support / oppose / monitor. Bill-number references can be stale (lobbyists sometimes copy text year-over-year), so verify against the filing description.
6
filings · 2026 Q3
6
filings · 2026 Q3
5
filings · 2026 Q3
5
filings · 2026 Q3
DOORDASH, INC.
LBR
5
filings · 2026 Q3
ALTICOR INC
LBR
5
filings · 2026 Q3
5
filings · 2026 Q3
5
filings · 2026 Q3
AMERICANS FOR PROSPERITY
HCRLBR
5
filings · 2025 Q2
4
filings · 2026 Q3
via Senate LDA · self-reported quarterly. Filing count = filings mentioning this bill (no position required), not money spent on it. Click a client to see all bills they've filed on.
Cosponsors (23)
Members who signed on to support this bill.