Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB3018

Introduced
10/4/23  

Caption

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.

Impact

The potential impact of SB3018 on state laws revolves around the reclassification of workers and the implications for both employees and employers. By defining stricter criteria for employee classification, the bill could alter the relationship between companies and independent contractors. This may lead to increased compliance costs for businesses that may now have to provide certain benefits or protections typically afforded to employees. Conversely, it could offer independent contractors greater legal protections if they are reclassified as employees under this bill.

Summary

Senate Bill 3018 aims to amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act, specifically addressing the criteria for determining whether an individual is classified as an employee or an independent contractor. The bill seeks to clarify the criteria used to make this determination, emphasizing the level of control exerted by the employer over the individual's work and the inherent risks and entrepreneurial opportunities faced by the worker. This amendment is intended to modernize labor classifications, reflecting the evolving nature of work in today's economy.

Contention

Notably, there are points of contention surrounding the bill, particularly from advocacy groups and labor unions concerned about worker rights and protections. Opponents suggest that the reclassification could limit the flexibility that many workers currently enjoy as independent contractors and could incentivize companies to limit hiring or utilize automation to avoid additional costs associated with employee classification. Proponents, however, argue that these changes are necessary to provide clarity and ensure that all workers receive fair treatment and protections under labor laws.

Companion Bills

US HB5513

Same As 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 HB5513

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 SB3163

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

US SB4359

A bill to amend the National Dam Safety Program Act to reauthorize that Act, and for other purposes.

US HJR98

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to "Standard for Determining Joint Employer Status".

US HB5605

Humanitarian Standards for Individuals in Customs and Border Protection Custody Act

Similar Bills

No similar bills found.