H.R. 1319 - 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.

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Summary

H.R. 1319 has been approved by the House Committee on Education and Workforce and is now eligible for a floor vote. If enacted, this bill would amend federal labor laws to create a clearer standard for determining whether a worker qualifies as an independent contractor or employee. Under the proposed standard, a worker would be classified as an independent contractor if their employer does not exercise significant control over how the work is performed and if the worker has entrepreneurial opportunities and risks, such as the ability to exercise professional judgment.

The bill would also specify factors that cannot be used to classify someone as an employee, including whether an employer requires certain legal, health and safety, insurance, or performance standards. This distinction matters because federal protections like minimum wage, overtime pay, and collective bargaining rights apply only to employees, not independent contractors. If passed, the bill could affect how millions of workers are classified and what workplace protections they receive.

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Lifecycle of the Bill

Committee Consideration and Mark-up Session Held

Jul 23, 2025

Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 19 - 16.

Jul 23, 2025

HearingHouseMarkup

Jul 23, 2025 · 13:30

H.R. 1319 the "Modern Worker Empowerment Act"; H.R. 1320 the "Modern Worker Security Act"; H.R. 4366 the "Save Local Business Act"; H.R. 4312 the "Student Compensation and Opportunity through Rights and Endorsements (SCORE) Act"; H.R. 4307 the "Enhancing Detection of Human Trafficking Act"

Committee

House Committee on Education and Workforce

View full hearing

Summary

On July 23, 2025, the House Committee on Education and Workforce held a markup session to consider five bills addressing labor and education policy. The bills examined were H.R. 1319 (Modern Worker Empowerment Act), H.R. 1320 (Modern Worker Security Act), H.R. 4366 (Save Local Business Act), H.R. 4312 (SCORE Act), and H.R. 4307 (Enhancing Detection of Human Trafficking Act). H.R. 1319 would clarify the standard for determining whether workers are independent contractors or employees under federal labor law, replacing the current "ABC" test with a narrower standard focused on control and entrepreneurial opportunity. H.R. 1320 would create a safe harbor allowing businesses to offer portable benefits—such as health insurance, retirement savings, and paid leave—to independent contractors without triggering reclassification as employers. H.R. 4366 would define "joint employer" status to require direct, actual, and immediate control over workers' essential employment terms, affecting franchises and subcontracting relationships. H.R. 4312 would establish federal standards for student-athlete name, image, and likeness (NIL) agreements, prohibiting colleges from restricting NIL deals while requiring certain support services at high-revenue institutions. H.R. 4307 would require the Department of Labor to train employees to detect human trafficking and refer suspected cases to law enforcement. The committee voted on multiple amendments. H.R. 1319 advanced on a 19-16 vote, H.R. 1320 on 19-16, H.R. 4366 on 20-16, and H.R. 4312 passed committee consideration. Several Democratic amendments to these bills failed by recorded votes. The bills now move toward potential floor consideration, though passage is not guaranteed.