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Sponsored by Rep. Kevin Kiley (I-CA) · 23 active : 23 Republicans
Latest action: Placed on the Union Calendar, Calendar No. 431.
This bill specifies a legal standard for determining whether an individual is considered an
independent contractor
rather than an
employee
for the purposes of federal labor laws that address issues such as the federal minimum wage, overtime compensation, and collective bargaining. The rights and protections provided by these laws exclusively apply to employees.
Under the bill, an individual is considered an independent contractor if (1) another individual or entity does not exercise significant control over the details of how the individual's work is performed, without regard to any control the other individual or entity may exercise over the final result of the work performed; and (2) while performing such work, the individual has opportunities and risks inherent with entrepreneurship (for example, the discretion to exercise professional judgment).
The bill also sets forth factors that may not be used to determine whether an individual is an employee. Specifically, factors such as whether another individual or entity requires the individual to meet certain legal, health and safety, insurance, or performance requirements may not be used to make such a determination.
Members fall into . All 100 senators have enough data to score. The bill is not before the Senate right now; these scores show where members would stand.
: only movement toward the other party counts, so members who sit further from the center than their party no longer score as swing votes.
Bars show each input from 0 to 100: ideology gap, scorecard gap, , and the . is the seat’s partisan lean, and shows how much of the input data a score has.
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Ideology is each member’s score. The most moderate members of each party sit nearest the center line and highest on the chart.
Not applicable in the Senate. There is not enough similar voting history (weight 1.5 of 5.0 needed), so this input is left out of the score rather than counted as missing.