,,ii  #aahth ,,congress  #ast ,session  
,s4 #cjah  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #d1   
#bjbc,mr4 ,thune 7for ,mr4 ,scott of    
,south ,carolina 7for himself1 ,mrs4    
,blackburn1 ,mr4 ,cramer1 ,mrs4         
,hyde-,smith1 ,mr4 ,braun1 ,mr4 ,wicker1
 and ,mr4 ,thune77 introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,health1 
,education1 ,labor1 and ,pensions  ,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   
7#d71 and 7#e7 as paragraphs 7#c71 7#d71

 7#e71 and 7#f71 respectively2  7#b7 in 
paragraph 7#a71 by striking paragraphs  
7#b71 7#c71 and 7#d7 and inserting      
paragraphs 7#c71 7#d71 7#e71 and 7#f72  
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 under this ,act whether an  
individual is an independent contractor 
or an employee of another person1 except
 that for purposes of this ,act a       
reference in such section to the term   
employee or person shall be deemed a    
reference to such term as defined in    
this section4  4