Bill Details

HR.1320 - 119th Congress

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Status
  1. Introduced
  2. Passed House
  3. Passed Senate
  4. To President
  5. Law
Latest action
2026-02-20 - Placed on the Union Calendar, Calendar No. 432.
Introduced Date
2025-02-13
Policy Area
Labor and Employment
Committees
9
0

AI Summary This summary was generated by AI from the bill text. AI can get information wrong.

This bill would change how the federal government decides whether a worker is an employee. It says that if a person or company gives a worker portable benefits, that alone cannot be used to decide the worker is an employee. Portable benefits are benefits a worker can keep even if they stop working for that specific person or company. The bill is meant to make it easier for workers to get benefits like health coverage, retirement savings, training, or paid leave without that being treated as a sign that they are automatically employees under federal law.

  • Federal agencies would have to make employee status decisions without counting whether a person or company provides benefits to the worker.
  • The bill defines benefits broadly. This includes protections or benefits the worker can keep after the job ends, as well as benefits often given to full-time employees.
  • Examples of covered benefits include workers’ compensation, skills training, professional development, paid leave, disability coverage, health insurance, retirement savings, and short-term savings.
  • The bill also covers money or other contributions toward these benefits, whether paid by the company, the worker, or both together.

Official Summaries

No summaries available

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1320 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 432
119th CONGRESS
  2d Session
                                H. R. 1320

                          [Report No. 119-506]

 To ensure that the provision of portable benefits to an individual is 
not considered in determining whether such individual is an employee of 
                               a person.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2025

 Mr. Kiley of California (for himself and Mr. Messmer) introduced the 
 following bill; which was referred to the Committee on Education and 
                               Workforce

                           February 20, 2026

 Additional sponsors: Mr. Kean, Mr. Carter of Georgia, Mr. Owens, Mr. 
Onder, Mr. Grothman, Mr. Baumgartner, Ms. Stefanik, and Mrs. Miller of 
                                Illinois

                           February 20, 2026

Reported with amendments, 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


 
 To ensure that the provision of portable benefits to an individual is 
not considered in determining whether such individual is an employee of 
                               a person.


 


    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 Security Act''.

SEC. 2. PROHIBITION ON CONSIDERATION OF BENEFITS.

    (a) Prohibition.--Beginning on the date of enactment of this Act, 
for the purposes of any Federal law, a determination of whether an 
individual is an employee of a person shall be made without considering 
whether such person provides a benefit to the individual.
    (b) Benefit Defined.--In this Act, the term ``benefit'' includes--
            (1) a benefit, including a protection, that is provided to 
        an individual for work performed for another person that the 
        individual may maintain without regard to whether the 
        individual continues to perform work for such person;
            (2) a benefit, including a protection, that is commonly 
        provided to a full-time employee (such as workers' 
        compensation, skills training, professional development, paid 
        leave, disability coverage, health insurance coverage, 
        retirement savings, and short-term savings); and
            (3) a contribution, financial or otherwise, with respect to 
        a benefit described in paragraph (1) or (2) that is--
                    (A) made on behalf of an individual by a person in 
                connection with work performed by the individual for 
                the person;
                    (B) made by the individual; or
                    (C) made through a combination of subparagraphs (A) 
                and (B).
            Amend the title so as to read: ``A bill to prohibit the 
        consideration of benefits when determining whether an 
        individual is an employee of a person.''.
                                                 Union Calendar No. 432

119th CONGRESS

  2d Session

                               H. R. 1320

                          [Report No. 119-506]

_______________________________________________________________________

                                 A BILL

 To ensure that the provision of portable benefits to an individual is 
not considered in determining whether such individual is an employee of 
                               a person.

_______________________________________________________________________

                           February 20, 2026

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed