,i  #aahth ,,congress  #ast ,session    
,h4 ,r4 #eeac  ,,in ,,the ,,house ,,of  
,,representatives  ,september #ad1      
#bjbc,ms4 ,stefanik 7for herself1 ,mr4  
,kiley1 and ,mrs4 ,steel7 introduced the
 following bill2 which was referred to  
the ,committee on ,education and the    
,workforce  ,a ,,bill  ,to amend the    
,fair ,labor ,standards ,act of #aich   
and the ,national ,labor ,relations ,act
 to clarify the standard for determining
 whether an individual is an employee1  
and for other purposes4  #a4 ,criteria  
for determining employee status  7a7    
,criteria for determining employee      
status under the ,fair ,labor ,standards
 ,act ,section #c7;e7 of the ,fair      
,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #bjc7;e77 is amended-- 7#a7 by
 redesignating paragraphs 7#b71 7#c71   
and 7#d7 as paragraphs 7#c71 7#d71 and  
7#e71 respectively2  7#b7 in paragraph  
7#a71 by striking paragraphs 7#b71 7#c71
 and 7#d7 and inserting paragraphs 7#c71
 7#d71 and 7#e72 and  7#c7 by inserting 

after paragraph 7#a7 the following3     
7#b7  7,a7 ,an individual shall be      
determined to be an independent         
contractor rather than an employee of   
another person if-- 7i7 such other      
person does not exercise significant    
control over the details of the way the 
work is performed by the individual1    
without regard to any control the other 
person may exercise over the final      
result of the work performed2 and  7ii7 
while performing such work1 the         
individual has the opportunities and    
risks inherent with entrepreneurship1   
such as the discretion to exercise      
managerial skill1 business acumen1 or   
professional judgment4  7,b7 ,the       
following factors may not be used in    
determining that an individual is an    
employee of another person3  7i7        
,whether such other person requires the 
individual to comply with legal1        
statutory1 or regulatory requirements4  
7ii7 ,whether such other person requires
 the individual to comply with health   

and safety standards that are more      
stringent than otherwise applicable     
health and safety standards4  7iii7     
,whether such other person requires the 
individual to carry insurance of any    
kind4  7iv7 ,whether such other person  
requires the individual to meet         
contractually agreed-upon performance   
standards1 such as deadlines4  4  #b4   
,employee classification under the      
,national ,labor ,relations ,act        
,section #b7c7 of the ,national ,labor  
,relations ,act 7#bi ,u4,s4,c4 #aeb7c77 
is amended-- 7#a7 by striking 7#c7 ,the 
term employee shall and inserting the   
following3  7#c7  7,a7 ,the term        
employee shall  2 and  7#b7 by adding at
 the end the following3  7,b7 ,section  
#c7;e77#b7 of the ,fair ,labor          
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bjc7;e77#b77 shall be used in          
determining whether an individual is an 
independent contractor or an employee of
 another person4  4