I 
117TH CONGRESS 
2D SESSION 
H. R. 8442 
To provide workers with schedule flexibility and choice, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 20, 2022 
Mr. CUELLAR (for himself, Ms. STEFANIK, and Mrs. STEEL) introduced the 
following bill; which was referred to the Committee on Education and 
Labor, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide workers with schedule flexibility and choice, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Worker Flexibility and 
Choice Act’’. 
SEC. 2. WORKER FLEXIBILITY AGREEMENTS. 
Section 3 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203) is amended— 
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‘‘(D) that may include other requirements, if 
agreed to by the individual and the entity; 
‘‘(E) that is affirmed in writing and that— 
‘‘(i) states the entity has offered, and the 
individual has chosen to enter into, an arrange-
ment whereby the individual is not subject to 
the minimum wage and overtime protections of 
this Act and is not treated as an employee 
under the Internal Revenue Code of 1986 (and 
related State and local laws); and 
‘‘(ii) includes a statement of all of the 
rights and requirements described subpara-
graphs (B) and (C); and 
‘‘(F) that is for a defined period of time and 
that may be renewed or renegotiated by the indi-
vidual and the entity following its expiration in ac-
cordance with the requirements of this section. 
‘‘(2) KNOWING AND VOLUNTARY AGREEMENT.—For 
the purposes of this subsection, an agreement described 
in paragraph (1) shall not be considered to be entered into 
knowingly and voluntarily unless the agreement— 
‘‘(A) is written in plain language in a manner 
that can be understood by the average individual eli-
gible to participate; 
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‘‘(B) specifically refers to rights or claims 
under this Act; 
‘‘(C) advises the individual in writing of their 
right to consult with others, including an attorney, 
prior to signing the agreement; 
‘‘(D) confirms that the individual has been pro-
vided with a written summary of health, pensions, 
insurance (including accident or other occupational 
health products), training, and certification pro-
grams, or other benefits, if any, that the individual 
is eligible for while the agreement is in effect; and 
‘‘(E) includes the signature of the individual 
and a representative of the entity.’’. 
SEC. 3. SUPERSEDURE AND VALIDITY. 
Section 18 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 218) is amended by adding at the end, the 
following: 
‘‘(c) SUPERSEDURE
AND VALIDITY
OF WORKER 
FLEXIBILITY AGREEMENTS.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in paragraph (2), with respect to any indi-
vidual who has entered into a worker flexibility 
agreement, the requirements of subsections (e)(6) 
and (z) of section 3 shall supersede all Federal, 
State, and local laws relating to wages and other 
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monies paid, hours worked, documentation and rec-
ordkeeping, and applicable taxes, benefits, and con-
tributions insofar as they may apply to the employ-
ment relationship between the individual and the en-
tity covered under the worker flexibility agreement. 
‘‘(2) REVOCATION.—A worker flexibility agree-
ment shall be valid, irrevocable, and enforceable, ex-
cept upon such grounds as exist at law or equity for 
the revocation of any contract.’’. 
SEC. 4. AMENDMENTS TO THE INTERNAL REVENUE CODE 
OF 1986 AND ERISA. 
(a) TREATMENT UNDER INTERNAL REVENUE CODE 
OF 1986.— 
(1) IN GENERAL.—Chapter 25 of the Internal 
Revenue Code of 1986 is amended by inserting after 
section 3508 the following new section: 
‘‘SEC. 
3508A. 
TREATMENT 
OF 
SERVICES 
PERFORMED 
UNDER WORKER FLEXIBILITY AGREEMENTS. 
‘‘(a) GENERAL RULE.—For purposes of this title, in 
the case of services performed pursuant to a worker flexi-
bility agreement— 
‘‘(1) the individual performing such services 
shall not be treated as an employee; and 
‘‘(2) the person for whom such services are per-
formed shall not be treated as an employer. 
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‘‘(b) WORKER FLEXIBILITY AGREEMENT.—For pur-
poses of this section, the term ‘worker flexibility agree-
ment’ has the meaning given such term under section 3(z) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(z)).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 25 of such Code is amended by in-
serting after the item relating to section 3508 the 
following new item: 
‘‘Sec. 3508A. Treatment of services performed under worker flexibility agree-
ments.’’. 
(b) ERISA.—Section 3(40)(A) of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 
1002(40)(A)) is amended— 
(1) in clause (ii), by striking ‘‘or’’; 
(2) in clause (iii), by striking the period and in-
serting ‘‘, and’’; and 
(3) by adding at the end the following: 
‘‘(iv) by an entity for individuals who have en-
tered into a worker flexibility agreement, as defined 
in section 3(z) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(z)).’’. 
Æ 
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