I 
118TH CONGRESS 
1ST SESSION H. R. 5513 
To amend the Fair Labor Standards Act of 1938 and the National Labor 
Relations Act to clarify the standard for determining whether an indi-
vidual is an employee, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2023 
Ms. STEFANIK (for herself, Mr. KILEY, and Mrs. STEEL) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce 
A BILL 
To amend the Fair Labor Standards Act of 1938 and the 
National Labor Relations Act to clarify the standard 
for determining whether an individual is an employee, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CRITERIA FOR DETERMINING EMPLOYEE STA-
TUS. 
(a) CRITERIA FOR DETERMINING EMPLOYEE STATUS 
UNDER THE FAIR LABOR STANDARDS ACT.—Section 3(e) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)) is amended— 
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(1) by redesignating paragraphs (2), (3), and 
(4) as paragraphs (3), (4), and (5), respectively; 
(2) in paragraph (1), by striking ‘‘paragraphs 
(2), (3), and (4)’’ and inserting ‘‘paragraphs (3), 
(4), and (5)’’; and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2)(A) An individual shall be determined to be 
an independent contractor rather than an employee 
of another person if— 
‘‘(i) such other person does not exercise 
significant control over the details of the way 
the work is performed by the individual, with-
out regard to any control the other person may 
exercise over the final result of the work per-
formed; and 
‘‘(ii) while performing such work, the indi-
vidual has the opportunities and risks inherent 
with entrepreneurship, such as the discretion to 
exercise managerial skill, business acumen, or 
professional judgment. 
‘‘(B) The following factors may not be used in 
determining that an individual is an employee of an-
other person: 
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‘‘(i) Whether such other person requires 
the individual to comply with legal, statutory, 
or regulatory requirements. 
‘‘(ii) Whether such other person requires 
the individual to comply with health and safety 
standards that are more stringent than other-
wise applicable health and safety standards. 
‘‘(iii) Whether such other person requires 
the individual to carry insurance of any kind. 
‘‘(iv) Whether such other person requires 
the individual to meet contractually agreed- 
upon performance standards, such as dead-
lines.’’. 
SEC. 2. EMPLOYEE CLASSIFICATION UNDER THE NATIONAL 
LABOR RELATIONS ACT. 
Section 2(3) of the National Labor Relations Act (29 
U.S.C. 152(3)) is amended— 
(1) by striking ‘‘(3) The term ‘employee’ shall’’ 
and inserting the following: 
‘‘(3)(A) The term ‘employee’ shall’’; and 
(2) by adding at the end the following: 
‘‘(B) Section 3(e)(2) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(e)(2)) 
shall be used in determining whether an indi-
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vidual is an independent contractor or an em-
ployee of another person.’’. 
Æ 
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