Proposals to Improve Gig Worker Access to Benefits Released

Senators Bill Cassidy (R-LA), and Tim Scott (R-SC), have shared proposals that, according to a press release, would modernize federal labor law to empower 27 million independent contractors to access portable workplace benefits, like health care and retirement.

Senator Cassidy, the chair of the Senate Health, Education, Labor, and Pensions (HELP) Committee, is sponsoring the "Unlocking Benefits for Independent Workers Act." This legislation clarifies that the determination of an individual's employment status is independent of any benefits or protections provided to them, including those that
•    The individual can maintain regardless of continued work for the employer,
•    Are typically offered to full-time employees,
•    Are contributions made on behalf of or by the individual in relation to their work, or
•    Are a combination of the above factors.

Senator Cassidy is also sponsoring the “Independent Retirement Fairness Act”, text of which has not yet been released.

Senator Scott is sponsoring the “Modern Worker Empowerment Act”. According to the press release, the bill would provide clarity and consistency by instituting a single employment test under federal law. The determination of a worker’s status using the Fair Labor Standards Act standard may affect an individual’s eligibility to participate in an employer-sponsored retirement plan.