I
119THCONGRESS
1
STSESSION H. R. 1320
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.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY13, 2025
Mr. K
ILEYof California (for himself and Mr. MESSMER) introduced the fol-
lowing bill; which was referred to the Committee on Education and Work-
force
A BILL
To ensure that the provision of portable benefits to an indi-
vidual is not considered in determining whether such
individual is an employee of a person.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. BENEFITS TO NOT BE CONSIDERED. 3
(a) I
NGENERAL.—In determining whether an indi-4
vidual is an employee of a person for the purposes of any 5
Federal law, such a determination shall be made without 6
considering whether such person provides to the individual 7
a portable benefit. 8
(b) D
EFINITIONS.—In this Act: 9
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•HR 1320 IH
(1) PORTABLE BENEFIT.—The term ‘‘portable 1
benefit’’ means a work-related benefit that is pro-2
vided to an individual for work performed for an-3
other person in a manner that allows the individual 4
to maintain the benefits without regard to whether 5
the individual continues to perform work for such 6
person. 7
(2) W
ORK-RELATED BENEFIT .—The term 8
‘‘work-related benefit’’— 9
(A) means benefits, including protections, 10
of a type that are commonly provided to full- 11
time employees, such as workers’ compensation, 12
skills training, professional development, paid 13
leave, disability coverage, health insurance cov-14
erage, retirement savings, income security, and 15
short-term saving; and 16
(B) includes contributions, financial or 17
otherwise, to such benefits— 18
(i) made on behalf of an individual by 19
a person in connection with work per-20
formed by the individual for the person; 21
(ii) made by the individual; or 22
(iii) made through a combination of 23
subparagraphs (A) and (B). 24
Æ
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