II
119th CONGRESS
1st Session
S. 2228
IN THE SENATE OF THE UNITED STATES
July 9, 2025
Mr. 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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Modern Worker Empowerment Act
.
Sec. 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
.