Library / Laws / 119th / hr / H.R. 1320 / Introduced in House
I
119th CONGRESS
1st Session
H. R. 1320
IN THE HOUSE OF REPRESENTATIVES
February 13, 2025Mr. Kiley of California (for himself and Mr. Messmer) introduced the following bill; which was referred to the Committee on Education and Workforce
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.
1.
Benefits to not be considered
(a)
In general
In determining whether an individual is an employee of a person for the purposes of any Federal law, such a determination shall be made without considering whether such person provides to the individual a portable benefit.
(b)
Definitions
In this Act:
(1)
Portable benefit
The term portable benefit means a work-related benefit that is provided to an individual for work performed for another person in a manner that allows the individual to maintain the benefits without regard to whether the individual continues to perform work for such person.
(2)
Work-related benefit
The term work-related benefit—
(A) means benefits, including protections, of a type that are commonly provided to full-time employees, such as workers’ compensation, skills training, professional development, paid leave, disability coverage, health insurance coverage, retirement savings, income security, and short-term saving; and
(B) includes contributions, financial or otherwise, to such benefits—
(i) made on behalf of an individual by a person in connection with work performed by the individual for the person;
(ii) made by the individual; or
(iii) made through a combination of subparagraphs (A) and (B).