I 116th CONGRESS 1st Session H. R. 4069 IN THE HOUSE OF REPRESENTATIVES July 25, 2019 Ms. Stefanik (for herself, Mr. Byrne , and Mr. David P. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Fair Labor Standards Act of 1938 to harmonize the definition of employee with the common law.

1. Short title This Act may be cited as the Modern Worker Empowerment Act . 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 .