119-HR-1319 Journalist Public Summary
119 · HR 1319 Modern Worker Empowerment Act
Sets a single federal test for who counts as an employee vs. an independent contractor under wage-and-hour and union law; business groups say it protects flexible work, while unions and some trades warn it invites misclassification. As of February 20, 2026, it’s been reported to the House and placed on the Union Calendar. (congress.gov)
Headline Summary
H.R. 1319 — the Modern Worker Empowerment Act — would set one clear federal standard to decide if someone is an employee or an independent contractor, affecting pay, benefits, and organizing rights. (congress.gov)
What It Does
The bill amends the Fair Labor Standards Act and directs the National Labor Relations Act to use the same test. A worker would be an independent contractor if (1) the hiring entity does not exercise “significant control” over how the work is performed, and (2) the worker bears entrepreneurial opportunities and risks (such as using managerial skill or professional judgment). It also says certain requirements can’t be used to claim someone is an employee—like asking contractors to follow laws, meet stronger safety standards, carry insurance, or hit deadlines. These changes would apply to decisions made on or after enactment. (congress.gov)
Who’s For It
- House Republicans and business groups argue it gives clarity across federal laws and protects independent work; the bill advanced from committee on a 19–16 vote. (abc.org)
- American Hotel & Lodging Association says hotels need flexibility to hire contractors and that workers value the choice to be independent. (ahla.com)
- Employer coalitions (e.g., HR Policy Association) back a common federal definition to reduce confusion and compliance risk. (hrpolicy.org)
Who’s Against It
- AFL-CIO says the bill narrows the definition of “employee,” making misclassification easier and weakening labor protections. (congress.gov)
- Owner-Operator Independent Drivers Association (OOIDA) warns carriers could impose extensive “safety” rules while still treating truckers as contractors, undermining their independence. (congress.gov)
- Mechanical Contractors Association of America argues it would give an edge to firms that avoid payroll taxes and overtime by labeling more workers as contractors. (mcaa.org)
Why It Matters
Employee status determines access to minimum wage and overtime rules and the right to unionize; independent contractors generally don’t receive those protections. Unifying the standard could simplify compliance, but it may also shift where the line is drawn—changing how gig workers, freelancers, franchise systems, and certain trades are treated under federal law. (congress.gov)
What’s Next
Status as of February 20, 2026: Reported (amended) and placed on the Union Calendar (No. 431), awaiting House floor action. It cleared the House Education and the Workforce Committee 19–16; if it passes the House, it heads to the Senate. (congress.gov)
Discussion