Modern Worker Empowerment Act

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Bill ID: 119/hr/1319
Last Updated: June 10, 2026

Sponsored by

Rep. Kiley, Kevin [R-CA-3]

ID: K000401

Follow the money

The bill

Modern Worker Empowerment Act

HR. 1319, 119th Congress — read as touching Labor Unions.

The sponsor

Rep. Kiley, Kevin [R-CA-3]

Every bill has someone who introduced it. That name is where the paper trail starts.

The money

$102,190 raised

24 itemised contributions to this sponsor, pulled from FEC filings.

The alignment

63% match to Project 2025

This bill's text tracks the "Introduction" section, p. 624-626 of the Mandate for Leadership.

Bill's Journey to Becoming a Law

Track this bill's progress through the legislative process

Latest Action

Placed on the Union Calendar, Calendar No. 431.

February 19, 2026

Introduced

📍 Current Status

Next: The bill will be reviewed by relevant committees who will debate, amend, and vote on it.

🏛️

Committee Review

🗳️

Floor Action

Passed House

🏛️

Senate Review

🎉

Passed Congress

🖊️

Presidential Action

⚖️

Became Law

📚 How does a bill become a law?

1. Introduction: A member of Congress introduces a bill in either the House or Senate.

2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.

3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.

4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.

5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.

6. Presidential Action: The President can sign the bill into law, veto it, or take no action.

7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!

Bill Summary

Another masterpiece of legislative theater, brought to you by the esteemed members of Congress. The "Modern Worker Empowerment Act" - because nothing says empowerment like a 30-page bill written in legalese that only serves to further confuse the already Byzantine world of labor laws.

Let's get down to business and dissect this monstrosity. The bill claims to "clarify" the standard for determining whether an individual is an employee or an independent contractor. Ah, yes, because the current system was just too darn complicated for poor corporations to navigate. I mean, who needs clear definitions when you can have ambiguous language that benefits only one party?

The new regulations being created or modified are a joke. The bill essentially codifies the "ABC test" - a lovely little acronym that stands for "A) Absence of control, B) Business acumen, and C) Contractual agreements." Sounds simple enough, right? Wrong. This test is designed to make it easier for companies to classify workers as independent contractors, thereby avoiding those pesky labor laws and regulations.

Affected industries and sectors? Oh, just the usual suspects: gig economy giants like Uber and Lyft, staffing agencies, and any other company that wants to exploit workers without providing benefits or job security. Compliance requirements and timelines? Ha! The bill gives companies a nice, long leash to adjust to these "new" regulations. Enforcement mechanisms and penalties? Don't make me laugh. This bill is designed to create loopholes, not close them.

The economic and operational impacts of this bill will be devastating for workers. By making it easier for companies to classify workers as independent contractors, the bill effectively strips away protections like minimum wage, overtime pay, and collective bargaining rights. But hey, who needs those things when you can have the "freedom" to work 80 hours a week without benefits?

In conclusion, this bill is a masterclass in legislative doublespeak. It's a Trojan horse for corporate interests, disguised as a benevolent attempt to "empower" workers. Don't be fooled - this bill is a disease, and its symptoms are exploitation, inequality, and the further erosion of worker rights.

Diagnosis: Terminal stupidity, with a side of corruption and greed.

Treatment: A healthy dose of skepticism, followed by a strong prescription of critical thinking and a commitment to actual worker empowerment. But let's be real - this bill will pass, and workers will suffer. After all, as the great philosopher once said, "The only thing necessary for the triumph of evil is for good men to do nothing."

Related Topics

Labor & Employment Policy
Generated using Llama 3.1 70B (Dr. Haus personality)

💰 Campaign Finance Network

Rep. Kiley, Kevin [R-CA-3]

Congress 119 • 2024 Election Cycle

Total Contributions
$102,190
19 donors
PACs
$0
Organizations
$3,750
Committees
$0
Individuals
$98,400

No PAC contributions found

1
BENNETT WEST ROSEVILLE LLC
1 transaction
$3,000
2
NICHOLSON & OLSON, CPAS
1 transaction
$750

No committee contributions found

1
CAMPBELL, DONALD
2 transactions
$10,000
2
WALSH, DANA
2 transactions
$10,000
3
NASH, JILL
2 transactions
$9,900
4
FLEMING, DENNIS
2 transactions
$8,500
5
ROWE, SUSAN
1 transaction
$6,600
6
BURKE, TIM
1 transaction
$6,600
7
SMYTH, CHARLES
1 transaction
$6,600
8
FRANCK, KASI
1 transaction
$6,600
9
BRADLEY, KATHERINE
1 transaction
$5,000
10
BORSHEIM, NATHAN
1 transaction
$5,000
11
FLEMING, BETTY
1 transaction
$5,000
12
MANLEY, DWIGHT
1 transaction
$5,000
13
HAIUM, JEFF
1 transaction
$3,700
14
WITZKE, WILLIAM
1 transaction
$3,300
15
DIEPENBROCK, DIANA
1 transaction
$3,300
16
DIEPENBROCK, MICHAEL
1 transaction
$3,300

Cosponsors & Their Campaign Finance

This bill has 10 cosponsors. Below are their top campaign contributors.

Rep. Rutherford, John H. [R-FL-5]

ID: R000609

Top Contributors

10

1
CHICKASAW NATION
PACADA, OK
$1,000
Jun 16, 2023
2
MOHEGAN TRIBE OF INDIANS OF CONNECTICUT
OrganizationMONTVILLE, CT
$1,000
Nov 4, 2024
3
MS BAND OF CHOCTAW INDIANS
OrganizationCHOCTAW, MS
$1,000
Nov 4, 2024
4
MUSCOGEE CREEK NATION
OrganizationOKMULGEE, OK
$1,000
Jun 30, 2024
5
DEMOCRACY ENGINE LLC
OrganizationWASHINGTON, DC
$9
May 7, 2024
6
DEMOCRACY ENGINE LLC
OrganizationWASHINGTON, DC
$3
Jun 30, 2024
7
DEMOCRACY ENGINE LLC
OrganizationWASHINGTON, DC
$2
May 7, 2024
8
DEMOCRACY ENGINE LLC
OrganizationWASHINGTON, DC
$1
Apr 4, 2024
9
DEMOCRACY ENGINE LLC
OrganizationWASHINGTON, DC
$1
Apr 12, 2024
10
DEMOCRACY ENGINE LLC
OrganizationWASHINGTON, DC
$1
Jun 3, 2024

Rep. Moolenaar, John R. [R-MI-2]

ID: M001194

Top Contributors

10

1
MATCH-E-BE-NASH-SHE-WISH BAND POTTAWATOMI INDIANS
OrganizationSHELBYVILLE, MI
$3,300
Aug 30, 2023
2
PECHANGA BAND OF INDIANS
OrganizationTEMECULA, CA
$3,300
Aug 30, 2023
3
POKAGON BAND OF POTAWATOMI INDIANS
OrganizationDOWAGIAC, MI
$3,300
Aug 30, 2023
4
SAGINAW CHIPPEWA INDIAN TRIBE TRIBAL OPERATIONS
OrganizationMOUNT PLEASANT, MI
$3,300
Sep 30, 2023
5
SHINGLE SPRINGS BAND OF MIWOK INDIANS
OrganizationSHINGLE SPRINGS, CA
$3,300
Sep 30, 2023
6
NOTTAWASEPPI HURON BAND OF THE POTAWATOMI
OrganizationFULTON, MI
$3,300
Mar 12, 2024
7
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$3,300
Jun 20, 2024
8
SAULT STE. MARIE TRIBE CHIPPEWA INDIANS
OrganizationSAULT SAINTE MARIE, MI
$2,900
Dec 19, 2023
9
SAN MANUEL BAND OF MISSION INDIANS
OrganizationLOS ANGELES, CA
$2,500
Mar 4, 2024
10
SHINGLE SPRINGS BAND OF MIWOK INDIANS
OrganizationSHINGLE SPRINGS, CA
$2,500
Sep 30, 2024

Rep. Messmer, Mark [R-IN-8]

ID: M001233

Top Contributors

10

1
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
2
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
3
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
4
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
5
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
6
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
7
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
8
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
9
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
10
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,000
Apr 11, 2024

Rep. Ogles, Andrew [R-TN-5]

ID: O000175

Top Contributors

10

1
WINTERSTEEN, JAMES
RETIREDRETIRED
IndividualMILL VALLEY, CA
$13,200
Jun 27, 2024
2
FISHER, KENNETH L.
FISHER INVESTMENTSEXECUTIVE CHAIRMAN
IndividualPLANO, TX
$6,600
May 23, 2024
3
FISHER, SHERRILYN
PLANO 6500 LLCMEMBER
IndividualPLANO, TX
$6,600
May 23, 2024
4
RAMSEY, DAVE
RAMSEYCEO
IndividualCOLLEGE GROVE, TN
$6,600
Jul 27, 2024
5
MOSING, GREG
RETIREDRETIRED
IndividualBROUSSARD, LA
$6,600
Jul 24, 2024
6
SHOCKLEY, QIANG
QIANG SHOCKLEYTECHNICIAN
IndividualIRVINE, CA
$6,600
Jun 8, 2023
7
BEAMAN, LEE MR.
BEAMAN VENTURESINVESTOR
IndividualNASHVILLE, TN
$6,600
Apr 13, 2023
8
GUO, MING
INTEL INCMANAGER
IndividualCUPERTINO, CA
$6,600
Jun 2, 2023
9
KENNINGER, STEVEN
QMO LLCINVESTOR
IndividualAUSTIN, TX
$6,600
Sep 25, 2023
10
JAQUISH, GAIL
JURIX, INC.PSYCHOLOGIST
IndividualAUSTIN, TX
$6,600
Sep 26, 2023

Rep. Kean, Thomas H. [R-NJ-7]

ID: K000398

Top Contributors

10

1
EASTERN BAND OF CHEROKEE INDIANS
OrganizationCHEROKEE, NC
$3,300
Oct 24, 2024
2
EASTERN BAND OF CHEROKEE INDIANS
OrganizationCHEROKEE, NC
$3,300
Dec 27, 2024
3
LOEB, JOHN
RETIREDRETIRED
IndividualPURCHASE, NY
$6,600
Nov 4, 2024
4
LOEB, JOHN
IndividualPURCHASE, NY
$6,600
Nov 4, 2024
5
VOCCOLA, FREDERICK
KASEYACEO
IndividualMIAMI, FL
$6,600
Mar 1, 2024
6
PISANO, JOHN
IndividualWEST PALM BEACH, FL
$3,700
Jan 22, 2024
7
VOCCOLA, FREDERICK
IndividualMIAMI, FL
$3,500
Mar 12, 2024
8
NIEMIEC, DAVID
SELFINVESTMENTS
IndividualNEW YORK, NY
$3,300
Oct 11, 2024
9
TAYLOR, ALEXANDER
MATRIX DEV GRPREAL ESTATE
IndividualBELMAR, NJ
$3,300
Oct 1, 2024
10
BRUECKNER, RICHARD F.
RETIREDRETIRED
IndividualBEDMINSTER, NJ
$3,300
Oct 4, 2024

Rep. Grothman, Glenn [R-WI-6]

ID: G000576

Top Contributors

10

1
HO CHUNK NATION
OrganizationBLACK RIVER FALLS, WI
$3,300
Oct 28, 2024
2
GENTINE, LOUIS P. II
SARGENTOEXECUTIVE
IndividualELKHART LAKE, WI
$13,200
Mar 15, 2024
3
SCHLIFSKE, JOHN E.
NORTHWESTERN MUTUALGOVERNMENT RELATIONS
IndividualELM GROVE, WI
$6,600
Mar 22, 2024
4
SCHLIFSKE, KIM C.
HOMEMAKERHOMEMAKER
IndividualELM GROVE, WI
$6,600
Mar 22, 2024
5
LEVY, EDWARD
EDWARD C LEVY COCHAIRMAN
IndividualBIRMINGHAM, MI
$6,600
Apr 10, 2024
6
KRESS, DONALD F.
RETIREDRETIRED
IndividualGREEN BAY, WI
$5,000
Nov 22, 2023
7
WELLS, CECELIA A.
RETIREDRETIRED
IndividualMEQUON, WI
$5,000
Jun 30, 2023
8
WELLS, CECELIA
IndividualMEQUON, WI
$5,000
Jun 30, 2023
9
AYLWARD, RICHARD J. MR.
RETIREDRETIRED
IndividualNEENAH, WI
$4,000
Mar 15, 2024
10
KRESS, DONALD F.
RETIREDRETIRED
IndividualGREEN BAY, WI
$3,300
Dec 31, 2023

Rep. Stefanik, Elise M. [R-NY-21]

ID: S001196

Top Contributors

10

1
MAGGIE'S LIST- EAMARKS
PACTAMPA, FL
$50
Oct 23, 2024
2
ONEIDA INDIAN NATION
OrganizationONEIDA, NY
$6,600
Mar 29, 2023
3
ONEIDA INDIAN NATION
OrganizationONEIDA, NY
$3,300
Mar 31, 2023
4
SAN MANUAL BAND OF MISSION INDIANS
OrganizationLOS ANGELES, CA
$2,000
Dec 31, 2023
5
FISHER, CYNTHIA A. MS.
PATIENTRIGHTSADVOCATE.ORGFOUNDER AND CHAIRMAN
IndividualPALM BEACH, FL
$6,600
Oct 10, 2023
6
BERK, MICHAEL
TA ASSOCIATESINVESTMENT MANAGEMENT
IndividualWEST NEWTON, MA
$6,600
Dec 27, 2023
7
CUTLER, ROBERT
C3CEO
IndividualLEAWOOD, KS
$6,600
Dec 27, 2023
8
DAVIS, ANN L.
N/AHOMEMAKER
IndividualATLANTA, GA
$6,600
Dec 30, 2023
9
KRAFT, DANIEL
THE KRAFT GROUPINTERNATIONAL PRESIDENT
IndividualFOXBORO, MA
$6,600
Dec 31, 2023
10
FITZPATRICK, MARY
NONECOMMUNITY VOLUNTEER
IndividualOSPREY, FL
$6,600
Sep 21, 2023

Rep. Burlison, Eric [R-MO-7]

ID: B001316

Top Contributors

10

1
OZARK SHOOT-DON'T SHOOT SOLUTIONS LLC
OrganizationHIGHLANDVILLE, MO
$250
Oct 11, 2024
2
CARNES, CAROL
SELF EMPLOYEDREAL ESTATE AGENT
IndividualSPRINGFIELD, MO
$3,300
Oct 28, 2024
3
WATTS, BARRY
SAVINGYOUTAXES.COMFINANCIAL ADVISOR
IndividualROGERSVILLE, MO
$3,300
Nov 4, 2024
4
JOHN, STACK
ISAGENIXINDEPENDENT BUSINESS OWNER
IndividualSPRINGFIELD, MO
$3,300
Nov 20, 2023
5
BRAUER, BEAU
HUNTER ENGINEERINGPRESIDENT
IndividualSAINT LOUIS, MO
$3,300
Jan 4, 2024
6
BRAUER, BEAU
HUNTER ENGINEERINGPRESIDENT
IndividualSAINT LOUIS, MO
$3,300
Jan 4, 2024
7
BRAUER, SUZY
IndividualBRIDGETON, MO
$3,300
Jan 4, 2024
8
BRAUER, SUZY
IndividualBRIDGETON, MO
$3,300
Jan 4, 2024
9
KAMAT, SONA
WEST COUNTY RHEUMATOLOGYRHEUMATOLOGIST
IndividualSAINT LOUIS, MO
$3,300
Jan 12, 2024
10
WHIRE, DEBBIEJO
KANAKUKCAMPING
IndividualBRANSON, MO
$3,300
Feb 15, 2024

Rep. Allen, Rick W. [R-GA-12]

ID: A000372

Top Contributors

10

1
CHEVY CHASE ENERGY LLC
OrganizationHOUSTON, TX
$500
May 19, 2023
2
RHODES, JIMMY MR.
TAXSLAYEROWNER
IndividualEVANS, GA
$3,300
Nov 2, 2024
3
MASSEY, JON G.
NONERETIRED
IndividualFOLSOM, LA
$3,300
Oct 28, 2024
4
RHODES, KERRY MRS.
NONEHOMEMAKER
IndividualEVANS, GA
$3,300
Nov 2, 2024
5
DORE, WILLIAM J. SR.
NONERETIRED
IndividualMOUNTAIN BRK, AL
$3,300
Nov 5, 2024
6
BAKER, ROBERT D
DUFFEY SOUTHEAST, INC.CONSTRUCTION
IndividualCEDARTOWN, GA
$3,300
Nov 5, 2024
7
STEPHENSON, DONNA Y. MR.
NONEHOMEMAKER
IndividualATLANTA, GA
$3,300
Dec 31, 2023
8
HATCHER, MARILEE MRS.
MAU, INCSPECIAL EVENT COORDINATOR
IndividualAUGUSTA, GA
$3,300
Dec 11, 2023
9
WINCHESTER, GAYLE MRS.
NONERETIRED
IndividualATLANTA, GA
$3,300
Oct 13, 2023
10
STEPHENSON, DONNA Y. MR.
NONEHOMEMAKER
IndividualATLANTA, GA
$3,300
Dec 31, 2023

Rep. Owens, Burgess [R-UT-4]

ID: O000086

Top Contributors

10

1
UTE INDIAN TRIBE
OrganizationFORT DUCHESNE, UT
$3,300
Nov 12, 2024
2
MORONGO BAND OF MISSION INDIANS
OrganizationBANNING, CA
$2,000
Sep 30, 2024
3
PALMER, JEFFERY
NONERETIRED
IndividualMAPLETON, UT
$13,200
May 29, 2023
4
JENKINS, JAMES W.
RETIREDRETIRED
IndividualSALT LAKE CITY, UT
$10,000
May 13, 2024
5
HOLSCHER, KELLY
RETIREDRETIRED
IndividualPACIFIC PALISADES, CA
$6,600
Aug 22, 2024
6
LISONBEE, DAVID
4LIFE RESEARCHBUSINESS OWNER
IndividualPROVO, UT
$6,600
Mar 19, 2024
7
OVERHOLT, DAVID W. MR.
UNIFIED PURCHASING GROUPPRESIDENT
IndividualSOUTH JORDAN, UT
$6,600
Apr 3, 2024
8
DAICHENDT, JOE
ACI JETBUSINESS OWNER
IndividualLADERA RANCH, CA
$6,600
Mar 16, 2023
9
GRIFFIN, KENNETH
CITADEL LLCFOUNDER CEO
IndividualMIAMI BEACH, FL
$6,600
Apr 10, 2023
10
PALMER, KELLY
NONERETIRED
IndividualMAPLETON, UT
$6,600
Jun 13, 2023

Donor Network - Rep. Kiley, Kevin [R-CA-3]

PACs
Organizations
Individuals
Politicians

Hub layout: Politicians in center, donors arranged by type in rings around them.

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Showing 49 nodes and 39 connections (42 secondary connections hidden)

Total contributions: $164,590

Top Donors - Rep. Kiley, Kevin [R-CA-3]

Showing top 19 donors by contribution amount

2 Orgs1 Committee16 Individuals

Industry Impact

Which industries are materially affected by specific provisions in this bill. 2 helped, 2 harmed.

  • Labor Unionsconfidence 0.90

    Section 2 amends FLSA to narrow employee definition, making it harder for workers to be classified as employees, thus weakening union organizing and collective bargaining rights under NLRA as incorporated in Section 3.

  • Teachers Unionsconfidence 0.85

    Same as labor_unions; teachers unions are public-sector unions that rely on employee status for collective bargaining; the bill's stricter independent contractor test reduces eligibility for union representation.

  • For-profit colleges often rely on adjunct faculty and gig workers classified as independent contractors; the bill's clarification making it easier to classify workers as independent contractors reduces labor costs and regulatory burden.

  • Private equity firms often invest in business models reliant on contingent labor (e.g., staffing, platform companies); the bill's employee classification standards favor independent contractor status, lowering labor costs and increasing profitability.

Who funds the sponsor on these industries

For each industry this bill affects, here's what the sponsor (Rep. Kiley, Kevin [R-CA-3])received from donors associated with that industry during the 2022–present cycles. Donations are not proof of intent — they are a record of who funds the people writing the law.

Industries this bill HELPS

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document.

Introduction

Moderate63.1%
Pages: 624-626

— 591 — Department of Labor and Related Agencies qualify as an independent contractor or employee under the FLSA and NLRA. The Biden Administration is replacing those rules with vague and expansive definitions that would add uncertainty, increase costs, and reduce options for Americans who want to work independently. l NLRB and DOL should return to their 2019 and 2021 independent contractor rules that provided much-needed clarity for workers and employers. l Congress should establish a bright-line test—based on the level of control an individual exercises over his or her work—to determine whether a payee is an employee or an independent contractor, across all relevant laws. This would prevent continued uncertainty as well as provide continuity across federal laws. l Congress should provide a safe harbor from employer-employee status for companies that offer independent workers access to earned benefits. Doing so would increase access among independent contractors to traditional pooled workplace benefits such as health care and retirement savings accounts. Protect Small Businesses and Entrepreneurship (Joint Employer). Millions of busi- nesses across America engage in mutually beneficial affiliation arrangements with other businesses. These arrangements include janitorial services, staffing firms, construction contractors and subcontractors, technology support services, and many other vendor and contracting services. They also include the nearly 775,000 independently owned franchise businesses, which employ 8.2 million workers across the United States. The franchise structure offers a proven business model for individuals who want to own and operate their own small business. An Obama-era regulation changed the definition of a joint employer to make corporate franchi- sors jointly liable for employees of individual franchisee owners, even without the franchisor exercising any direct control over those employees. The Biden Admin- istration is advancing an even more expansive definition of a joint employer that would upend the franchise business model, taking away ownership and income opportunities from small-business entrepreneurs, costing jobs, and raising prices. l DOL and NLRB should return to the long-standing approach to defining joint employers based on direct and immediate control. l Congress should enact the Save Local Business Act, which would codify the long-standing definition that has existed outside the Obama-era and Biden-proposed rules. — 592 — Mandate for Leadership: The Conservative Promise Overtime Pay Threshold. Overtime pay is one of the most challenging aspects of the Fair Labor Standards Act rules. “Nonexempt workers” (e.g., workers whose job duties fall within the law’s power or whose total pay is low enough) must be paid overtime (150 percent of the “regular rate”) for every hour over 40 in a work- week. Overtime requirements may discourage employers from offering certain fringe benefits such as reimbursement for education, childcare, or even free meals because the benefits’ value may be included in the “regular rate” that must be paid at 150 percent for all overtime hours. And because some of these fringe ben- efits may be more valuable (and often come with tax preferences that benefit the worker), the goal should be to set a threshold to ensure lower-income workers have the protections of overtime pay without discouraging employers from offering these benefits. l DOL should maintain an overtime threshold that does not punish businesses in lower-cost regions (e.g., the southeast United States). The Trump-era threshold is high enough to capture most line workers in lower-cost regions. One possibility to consider (likely requiring congressional action) would be to automatically update the thresholds every five years using the Personal Consumption Expenditures (PCE) as an inflation adjustment. This could reduce the likelihood of a future Administration attempting to make significant changes but would also impose more adjustments on businesses as those automatic increases take hold. l Congress should clarify that the “regular rate” for overtime pay is based on the salary paid rather than all benefits provided. This would enable employers to offer additional benefits to employees without fear that those benefits would dramatically increase overtime pay. l Congress should provide flexibility to employers and employees to calculate the overtime period over a longer number of weeks. Specifically, employers and employees should be able to set a two- or four- week period over which to calculate overtime. This would give workers greater flexibility to work more hours in one week and fewer hours in the next and would not require the employer to pay them more for that same total number of hours of work during the entire period. Compliance-Assistance Programming. Labor agencies are often tempted to encourage “over compliance” by companies subject to regulation by pursuing “regulation through enforcement” strategies. Rather than giving regulated enti- ties clear boundaries for what they can and cannot do under the law, the agencies

Introduction

Moderate63.1%
Pages: 624-626

— 591 — Department of Labor and Related Agencies qualify as an independent contractor or employee under the FLSA and NLRA. The Biden Administration is replacing those rules with vague and expansive definitions that would add uncertainty, increase costs, and reduce options for Americans who want to work independently. l NLRB and DOL should return to their 2019 and 2021 independent contractor rules that provided much-needed clarity for workers and employers. l Congress should establish a bright-line test—based on the level of control an individual exercises over his or her work—to determine whether a payee is an employee or an independent contractor, across all relevant laws. This would prevent continued uncertainty as well as provide continuity across federal laws. l Congress should provide a safe harbor from employer-employee status for companies that offer independent workers access to earned benefits. Doing so would increase access among independent contractors to traditional pooled workplace benefits such as health care and retirement savings accounts. Protect Small Businesses and Entrepreneurship (Joint Employer). Millions of busi- nesses across America engage in mutually beneficial affiliation arrangements with other businesses. These arrangements include janitorial services, staffing firms, construction contractors and subcontractors, technology support services, and many other vendor and contracting services. They also include the nearly 775,000 independently owned franchise businesses, which employ 8.2 million workers across the United States. The franchise structure offers a proven business model for individuals who want to own and operate their own small business. An Obama-era regulation changed the definition of a joint employer to make corporate franchi- sors jointly liable for employees of individual franchisee owners, even without the franchisor exercising any direct control over those employees. The Biden Admin- istration is advancing an even more expansive definition of a joint employer that would upend the franchise business model, taking away ownership and income opportunities from small-business entrepreneurs, costing jobs, and raising prices. l DOL and NLRB should return to the long-standing approach to defining joint employers based on direct and immediate control. l Congress should enact the Save Local Business Act, which would codify the long-standing definition that has existed outside the Obama-era and Biden-proposed rules.

About These Correlations

Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.

Full Policy Text

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