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S. 2228: Modern Worker Empowerment Act

This bill, titled the Modern Worker Empowerment Act, aims to amend the Fair Labor Standards Act of 1938. The purpose of the bill is to clarify the definition of what constitutes an "employee" under this law by aligning it more closely with common law interpretations. In practical terms, the proposed changes to the Act include:

Definition of Employee

Currently, the law defines an employee without detailed reference to common law standards. This bill would change that by adding a provision that states an employee is defined as such "as determined under the usual common law rules." This means that the existing standard will now have to consider the legal interpretations and definitions traditionally used in common law, rather than being based solely on the existing statute.

Definition of Employ

In addition, the bill seeks to modify the definition of "employ" found in the Fair Labor Standards Act. The amendment would add the phrase "an employee" after the word "permit" within the existing definition. This change aims to refine the understanding of what it means to employ someone, thereby potentially affecting how various employment relationships are interpreted legally.

Implications of the Amendments

Overall, the amendments proposed by this bill could lead to changes in how workers are classified, potentially impacting areas such as wages, benefits, and labor rights. By aligning the definitions with common law, the bill may provide more clarity on the legal responsibilities of employers and the rights of employees.

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Sponsors

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Actions

2 actions

Date Action
Jul. 09, 2025 Introduced in Senate
Jul. 09, 2025 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

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