S 4738 · 116th Congress 2019–2021, ended

Worker Flexibility and Small Business Protection Act of 2020

Fact sheet

Latest action · Sep 24, 2020 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedSep 24, 2020
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Worker Flexibility and Small Business Protection Act of 2020

This bill classifies certain workers as employees, permits employees to request work schedule flexibility, expands oversight mechanisms for certain labor protections, requires employers to post compliance ratings, and provides standards for interpreting and applying certain worker rights.

First, the bill provides that workers only may be classified under various labor laws as independent contractors, and not employees, in specified circumstances. It also permits employees to continue, or request, work schedule flexibility.

The bill also defines the term multiple employers under various labor laws and makes parent companies responsible for the labor requirements of subsidiary employers. Certain owners, officers, and managers of companies may be assessed civil penalties for violations of certain labor laws; the 10 largest shareholders of employers also may be jointly liable for damages and civil penalties against such employers. Employers also are responsible for the labor protections of employees provided through staffing companies (e.g., temporary employees), including providing wages comparable to direct employees performing similar work.

Additionally, employers must post a rating of their compliance with applicable labor laws as determined by the Department of Labor.

Finally, the bill requires that specified labor laws are interpreted to include as employees workers or individuals claiming such classification. Further, agencies may not take actions to reduce employee protections under such laws without approval by Congress, and the bill provides standards of interpretation for judicial review.

Cosponsors 2

Members who signed on, in the order they did. Signatures ran from Sep 24, 2020 to Oct 21, 2020, with 1 there on the day it was introduced.

SeatCosponsorSigned on
D-OHSherrod BrownOriginalSep 24, 2020
D-MDBenjamin L. CardinOct 21, 2020

Actions 2

Everything that happened, newest first.

  1. Sep 24, 2020Introduced in Senate
  2. Sep 24, 2020Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 8375Worker Flexibility and Small Business Protection Act of 2020Identical billSep 24, 2020

Subjects

Assigned by the Library of Congress. Policy area: Labor and Employment.

Text 1

Each version as it was printed, newest first.

  1. Sep 24, 2020Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.