H.R. 1319: Modern Worker Empowerment Act
Sponsor
Kevin Kiley
Republican · CA-3
Bill Progress
Latest Action · Feb 20, 2026
Placed on House floor schedule, Calendar No. 431.
Your worker status gets easier to classify as contractor
Why it matters
Two federal labor laws would start using the same contractor test, and four common workplace rules — including deadlines, insurance requirements, and safety standards — could no longer be used to argue you're really an employee. That changes who can claim overtime, minimum wage protections, and federal union rights.
H.R. 1319 creates a new federal test for deciding whether you're an employee or an independent contractor. Under the bill, you're a contractor if the company does not exercise significant control over how you do the work and you have entrepreneurial opportunities and risks, like using managerial skill, business judgment, or professional judgment.
The bill also says four things cannot be used to argue that you're really an employee: following legal requirements, following stricter health and safety rules, carrying insurance, and meeting contract terms such as deadlines. That matters because many gig, freelance, and contract jobs include exactly those requirements.
H.R. 1319 goes beyond wage law. It applies the same test to federal labor law too, so the rule used to decide overtime and minimum wage coverage would also be used when deciding whether a worker counts as an employee for federal union-organizing protections.
The change would kick in quickly. The bill says the new standard applies to any classification decision made on or after the day it becomes law.
What does H.R. 1319 do?
One federal contractor test for your work status
H.R. 1319 says a worker is an independent contractor if the hiring party does not exercise significant control over how the work is performed and the worker has entrepreneurial opportunities and risks, such as using managerial skill, business acumen, or professional judgment.
Deadlines and insurance stop counting against contractor status
The bill says four factors cannot be used to determine that someone is an employee: compliance with legal requirements, compliance with stricter health and safety standards, carrying insurance of any kind, and meeting contract performance standards such as deadlines.
Control over the end result matters less
The bill tells decision-makers to ignore control over the final result of the work when judging worker status. The focus is instead on significant control over the details of how the work is done.
The same rule would govern union-rights cases
H.R. 1319 applies this same contractor test to federal labor law, not just wage-and-hour law. That means one standard would be used for both pay-and-hours disputes and questions about federal organizing protections.
The switch takes effect right away
The bill applies to any employee-versus-contractor determination made on or after the date of enactment. It is not limited to contracts signed after that date.
Who benefits from H.R. 1319?
Companies built around contractors
Businesses that use app-based, freelance, or project-based labor would get a clearer federal test and a rule that excludes four common job requirements from being used as evidence of employee status.
Workers who want to stay independent
Freelancers and self-employed workers who prefer contractor status could benefit if they can show real entrepreneurial upside and limited day-to-day control by the hiring company.
Platforms and marketplaces
Companies that set deadlines, require insurance, or impose safety rules could find those requirements less risky in classification disputes because the bill says those factors cannot be used to prove employee status.
Businesses operating across labor disputes
Firms dealing with both wage-law and labor-law questions would get one federal classification rule instead of one test for pay disputes and another for union-related cases.
Who is affected by H.R. 1319?
Workers near the employee-contractor line
If your status is disputed after enactment, the new test would decide whether you count as an employee under federal wage and labor law.
Workers seeking overtime or minimum wage protections
People who are classified as contractors under the new rule may not qualify for federal overtime and minimum wage protections that apply to employees.
Workers seeking federal union protections
Because H.R. 1319 applies the same contractor test to federal labor law, some workers could be classified outside the employee category used for federal organizing and collective-bargaining rights.
Labor agencies, courts, and employers
Agencies, judges, and companies would all need to apply the same new standard as soon as the law takes effect, including the bill's instruction to disregard four listed factors.
What Congress Is Saying
H.R. 1319 has come up 12 times in the Congressional Record so far.
H.R. 1319 also appeared in 1 more Senate floor reference and 7 routine cosponsor filings.
HR1319 Legislative Journey
House: Committee Action
Feb 20, 2026
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-505.
House: Vote: 19-16
Jul 23, 2025
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 19 - 16.
House: Committee Action
Feb 13, 2025
Referred to the House Committee on Education and Workforce.
About the Sponsor
Kevin Kiley
Republican, California's 3rd congressional district · 3 years in Congress
View full profile →
Cosponsors (23)
All 23 cosponsors are Republicans. Cosponsors represent 15 states: Florida, Georgia, Illinois, and 12 more.
John Rutherford
Republican · FL
John Moolenaar
Republican · MI
Mark Messmer
Republican · IN
Andrew Ogles
Republican · TN
Thomas Kean
Republican · NJ
Glenn Grothman
Republican · WI
Elise Stefanik
Republican · NY
Eric Burlison
Republican · MO
Rick Allen
Republican · GA
Burgess Owens
Republican · UT
Robert Onder
Republican · MO
Michael Baumgartner
Republican · WA
Committee Sponsors
Education and Workforce Committee
10 of 35 committee members cosponsored
10 Republicans across this committee haven't cosponsored yet. Mobilize their constituents
H.R. 1319 Quick Facts
- Committee
- Education and Workforce
- Chamber
- House
- Policy
- Labor and Employment
- Introduced
- Feb 13, 2025
Placed on House floor schedule, Calendar No. 431.
Feb 20, 2026
Official Sources
Official congressional page for the Modern Worker Empowerment Act, including status, text, actions, and sponsors.
The bill amends the Fair Labor Standards Act, the main federal wage-and-hour law tied to minimum wage and overtime protections.
The bill also amends the National Labor Relations Act, which governs federal private-sector organizing and collective-bargaining rights.
This is the specific Fair Labor Standards Act section the bill amends to add a new employee-versus-independent-contractor test.
This is the National Labor Relations Act definitions section the bill amends to apply the same contractor test in labor-law cases.
Official Labor Department resource on federal worker-classification standards under the Fair Labor Standards Act, directly relevant to how the bill would change current practice.
Official NLRB page explaining the agency that administers the federal labor law affected by the bill’s amendment to employee status under the NLRA.
Official Wage and Hour Division overview of the Fair Labor Standards Act, which governs the overtime and minimum wage rights affected by worker classification.
Who is lobbying on H.R. 1319?
8 organizations lobbying on this bill
Lobbying around HR1319 is being driven less by a single industry than by a dense coalition of trade and labor-aligned interests, led by the Sheet Metal & Air Conditioning Contractors National Association with 10 filings, followed by Buchanan Ingersoll & Rooney on behalf of the City of Pittsburgh with 6, and Americans for Prosperity with 5. The signal is that this fight sits at the crossroads of workplace rules, tax policy, and appropriations—terrain where construction and contractor groups see direct exposure, while ideological advocates and even companies far outside labor, from pharma to food delivery, are tracking the bill for its broader economic ripple effects.
BUCHANAN INGERSOLL & ROONEY PC ON BEHALF OF THE CITY OF PITTSBURGH | 6 |
CENCORA, INC. (FORMERLY AMERISOURCEBERGEN CORPORATION) | 4 |
CROSSROADS STRATEGIES, LLC ON BEHALF OF TRUCKERS INTEGRAL TO OUR ECONOMY (TIE) | 4 |
SIGNATORY WALL AND CEILING CONTRACTORS ALLIANCE | 3 |
SIFF & ASSOCIATES, PLLC (OBO THE MECHANICAL CONTRACTORS ASSOCIATION OF AMERICA) | 3 |
GENWORTH FINANCIAL, INC. | 3 |
AMERICAN PIPELINE CONTRACTORS ASSOCIATION | 1 |
POWER & COMMUNICATION CONTRACTORS ASSOCIATION | 1 |
Showing 1-8 of 8 organizations
H.R. 1319 Common Questions
Did H.R. 1319 pass yet?
No. H.R. 1319 has advanced in the House and was placed on the Union Calendar, but it has not become law.
What does H.R. 1319 change for gig workers and freelancers?
It creates a new federal test for deciding whether you're an employee or an independent contractor. That affects who can claim federal wage protections and who counts as an employee under federal labor law.
What is the new contractor test in H.R. 1319?
A worker would be treated as a contractor if the hiring company does not exercise significant control over how the work is done and the worker has entrepreneurial opportunities and risks.
Can deadlines or insurance make you an employee under H.R. 1319?
No. The bill says deadlines, insurance requirements, legal compliance rules, and stricter safety standards cannot be used to prove you're an employee.
Would H.R. 1319 affect overtime and minimum wage rights?
Yes. If you're classified as an independent contractor under the bill's test, you may not qualify for the federal overtime and minimum wage protections that apply to employees.
Would H.R. 1319 affect union rights too?
Yes. H.R. 1319 applies the same contractor test to federal labor law, so worker classification could also affect whether someone counts as an employee for federal organizing protections.
Does H.R. 1319 take effect immediately?
If it becomes law, yes. The bill says the new rule applies to any worker-classification decision made on or after the enactment date.
Based on H.R. 1319 bill text
H.R. 1319 Bill Text
“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.”
Source: U.S. Government Publishing Office
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