Modern Worker Security Act

Beginning on the date of enactment of this Act, for the purposes of any Federal law, a determination of whether an individual is an employee of a person shall be made without considering whether such person provides a benefit to the individual.

In this Act, the term benefit includes—

(1) a benefit, including a protection, that is provided to an individual for work performed for another person that the individual may maintain without regard to whether the individual continues to perform work for such person;

(2) a benefit, including a protection, that is commonly provided to a full-time employee (such as workers’ compensation, skills training, professional development, paid leave, disability coverage, health insurance coverage, retirement savings, and short-term savings); and

(3) a contribution, financial or otherwise, with respect to a benefit described in paragraph (1) or (2) that is—

(A) made on behalf of an individual by a person in connection with work performed by the individual for the person;

(B) made by the individual; or

(C) made through a combination of subparagraphs (A) and (B).