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A bill 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.

S. 3018 Sen. Tim Scott (R-SC) In committee
Bill text PDF
  1. Introduced Oct 4
  2. Committee Oct 4
  3. Passed Senate Next
  4. Passed House Not yet
  5. To President Not yet
  6. Law Not yet
Where it stands
In committee, Oct 4, 2023Next: Senate vote
1120d ago Oct 4, 2023: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Final votes
No roll callsNo recorded vote on this bill yet
Lobbying
2companies, 3 filings
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Member trades
5trades in the last 90 days
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Companies lobbying on this bill

2 companies
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Medical Devices & Healthcare 1Technology & Software 1
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Summary

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.

Full summary2 paragraphs

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.

Library of Congress summary, Oct 4, 2023

Summary versions
  • Introduced in SenateOct 4, 2023

Official record from Congress.gov, the House Clerk and the Senate; lobbying from Lobbying Disclosure Act filings. Updated Oct 27, 2026.