H. R. 1320

(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).

119-HR1320

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.

119th CONGRESS

1st Session

H. R. 1320

1. Benefits to not be considered