To ensure that the provision of portable benefits to an individual is not considered in determining whether such individual is an employee of a person.

Bill: 119-hr-1320
Sponsor: full_name: Rep. Kiley, Kevin [R-CA-3]
Introduced: 2025-02-13
Policy area: Labor and Employment
Subjects: Employee benefits and pensions

Labor standards
Latest action: action_date: 2025-07-23
text: Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 19 - 16.

Summaries:

tv_txt: I 119th CONGRESS 1st Session H. R. 1320 IN THE HOUSE OF REPRESENTATIVES February 13, 2025 Mr. Kiley of California (for himself and Mr. Messmer ) introduced the following bill; which was referred to the Committee on Education and Workforce A BILL To ensure that the provision of portable benefits to an individual is not considered in determining whether such individual is an employee of a person.

1. Benefits to not be considered (a) In general In determining whether an individual is an employee of a person for the purposes of any Federal law, such a determination shall be made without considering whether such person provides to the individual a portable benefit. (b) Definitions In this Act: (1) Portable benefit The term portable benefit means a work-related benefit that is provided to an individual for work performed for another person in a manner that allows the individual to maintain the benefits without regard to whether the individual continues to perform work for such person. (2) Work-related benefit The term work-related benefit — (A) means benefits, including protections, of a type that are commonly provided to full-time employees, such as workers’ compensation, skills training, professional development, paid leave, disability coverage, health insurance coverage, retirement savings, income security, and short-term saving; and (B) includes contributions, financial or otherwise, to such benefits— (i) made on behalf of an individual by a person in connection with work performed by the individual for the person; (ii) made by the individual; or (iii) made through a combination of subparagraphs (A) and (B).