S. 2228 — Introduced in Senate

II 119th CONGRESS 1st Session S. 2228 IN THE SENATE OF THE UNITED STATES July 9, 2025Mr. Scott of South Carolina introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to harmonize the definition of employee with the common law. 1. Short title This Act may be cited as the Modern Worker Empowerment Act. 2. Amendments to the Fair Labor Standards Act of 1938 to harmonize the definition of employee (a) Definition of employee Section 3(e)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(1)) is amended by inserting before the period the following: , as determined under the usual common law rules. (b) Definition of employ Section 3(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(g)) is amended by inserting an employee after permit.