I 115th CONGRESS 1st Session H. R. 3825 IN THE HOUSE OF REPRESENTATIVES September 25, 2017 Mrs. Black (for herself and Ms. Stefanik ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act of 1938 to harmonize the definitions of employee with the common law.

1. Short title This Act may be cited as the Harmonization of Coverage Act of 2017 . 2. Amendments to the Fair Labor Standards Act of 1938 to harmonize the definition of employee (a) Definition of employee Section 3(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e)(1) ) is amended by inserting before the period the following: , as determined under the usual common law rules (as applied for purposes of section 3121(d) of the Internal Revenue Code of 1986) . (b) Definition of employ Section 3(g) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(g) ) is amended by inserting an employee after permit .