During 2016, the Coalition embarked on an ambitious project to harmonize the definition of the term “employee” for purposes of federal and state statutes. Phase 1 of this project is dedicated to harmonizing the definition of “employee” for purposes of federal statutes. Phase 2 is dedicated to harmonizing the definition for purposes of state statutes.
Action on Phase 1 commenced during 2016, when the Coalition announced the project and developed a draft bill to harmonize the definition of “employee” for purposes of federal statutes, by amending the definition of the term as contained in the Fair Labor Standards Act of 1938 (“FLSA”) to statutorily adopt a common-law test.
During 2017, the Coalition endeavored to raise awareness of the issue by holding a Congressional briefing on the topic on June 20, 2017. This was followed by Representatives Diane Black (R-TN) and Elise Stefanik (R-NY) on September 26, 2017, introducing the Harmonization of Coverage Act of 2017, H.R. 3825, which would harmonize the definition of employee for purposes of federal statutes by amending the FLSA to adopt a “common law” test for defining the term “employee.” We are very appreciative of the leadership on this issue demonstrated by Representatives Black and Stefanik.
Work by Coalition members continues during 2018. This year, we are working to support the enactment of H.R. 3825 and to continue bringing attention to this important issue. We also are advocating for a harmonized definition of “employee” for purposes of the FLSA through administration action by the U.S. Department of Labor and through litigation.
In addition, the Coalition has begun work during 2018 on Phase 2, by bringing attention to the infirmities of the “ABC” test currently used by many states to define the term “employee” for purposes of state unemployment. To harmonize the definition for purposes of state statutes, our goal is for these “ABC” tests to be replaced by a common-law test.
Coalition members have been both very active and highly effective in pursuing Coalition objectives. But we always need more help.
If you have an interest in helping educate the public and policymakers about the importance of preserving independent-contractor status and/or in advocacy efforts to help bolster the legal recognition of independent-contractor status, we hope you will consider joining the Coalition and working with your colleagues to pursue these goals.
Below are links to separate pages that have been created to track the progress on the Harmonization Project at the federal and state levels.
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