Us Congress 2023-2024 Regular Session

Us Congress House Bill HB5513

Introduced
9/14/23  

Caption

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.

Impact

The proposed amendments to the Fair Labor Standards Act would limit the factors that can be considered when evaluating whether someone is an employee or a contractor. Under the new criteria, aspects such as compliance with performance standards, health and safety regulations, and insurance requirements would not serve as determinants of employee status. This could potentially reshape the dynamics of labor markets, impacting how companies engage with workers and how workers pursue flexibility in their employment arrangements.

Summary

House Bill 5513 is a legislative proposal aimed at amending the Fair Labor Standards Act of 1938 and the National Labor Relations Act. The bill seeks to clarify the standards used to determine whether an individual qualifies as an employee or an independent contractor. An essential provision of the bill is the establishment of a clearer set of criteria to classify individuals as independent contractors when certain conditions are met, such as lack of significant control by the employer and the presence of entrepreneurial risks and opportunities in the work performed.

Contention

Debate surrounding HB 5513 is likely to focus on the ramifications of changing employee classification standards. Proponents argue that the bill supports entrepreneurial freedom and reduces red tape for businesses, potentially leading to more job creation and economic growth. However, critics contend that it could undermine protections for workers by making it easier for companies to classify more workers as independent contractors, thereby denying them benefits and protections afforded to employees. This dichotomy highlights ongoing tensions in labor regulation regarding the balance between flexibility for employers and security for workers.

Companion Bills

US SB3018

Same As 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.

Previously Filed As

US SB3018

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.

US HB1319

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.

US HB785

To amend the Fair Labor Standards Act of 1938 to require paid rest breaks for certain construction employees, and for other purposes.

US HB1543

To direct the Secretary of Labor to ensure that the database relating to investigations under the Fair Labor Standards Act of 1938 is language accessible, and for other purposes.

US SB2914

A bill to amend the Fair Labor Standards Act of 1938 to exempt certain employees engaged in outdoor recreational outfitting or guiding services from maximum hours requirements.

US HB10388

To amend the Fair Labor Standards Act of 1938 regarding the application of wage and hour provisions to minor league baseball players, and for other purposes.

US HB5605

Humanitarian Standards for Individuals in Customs and Border Protection Custody Act

US HB5722

To require the Corps of Engineers to update Upper Mississippi River levee and floodwall design standards, and for other purposes.

US SB3163

CHILD Labor Act Children Harmed In Life-threatening or Dangerous Labor Act

US HB20

Richard L. Trumka Protecting the Right to Organize Act of 2023 This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Among other things, it (1) revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary; and expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation. The bill further prohibits employers from taking adverse actions against an employee, including employees with management responsibilities, in response to that employee participating in protected activities related to the enforcement of the prohibitions against unfair labor practices (i.e., whistleblower protections). Such protected activities include providing information about a potential violation to an enforcement agency, participating in an enforcement proceeding, initiating a proceeding concerning an alleged violation or assisting in such a proceeding, or refusing to participate in an activity the employee reasonably believes is a violation of labor laws. Finally, the bill addresses the procedures for union representation elections, provides employees with the ability to vote in such elections remotely by telephone or the internet, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders.

Similar Bills

No similar bills found.