A bill to permit visiting dignitaries and service members from Taiwan to display the flag of the Republic of China.
In Committee
Introduced:Oct 20, 2025
Primary Sponsor
Roger Marshall
Senator
Republican
KS
Cosponsors
7
Quick Stats
Policy Area
Labor and Employment
Summary
This bill establishes a new legal standard for determining whether a worker is considered an independent contractor or an employee. Under the bill, a worker would be classified as an independent contractor if they have significant control over how their work is performed and if they have the opportunities and risks of being an entrepreneur. The bill also specifies that certain factors like legal or performance requirements cannot be used to determine employee status.
Latest Action
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
AI Summary
Plain-English explanation of this bill
This bill establishes a new legal standard for determining whether a worker is considered an independent contractor or an employee. Under the bill, a worker would be classified as an independent contractor if they have significant control over how their work is performed and if they have the opportunities and risks of being an entrepreneur. The bill also specifies that certain factors like legal or performance requirements cannot be used to determine employee status.
Last updated: 12/29/2025
Official Summary
Congressional Research Service summary
<p>This bill specifies a legal standard for determining whether an individual is considered an <i>independent contractor </i>rather than an <i>employee</i> 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. </p> <p>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). </p> <p>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.</p>
Key Points
Main provisions of the bill
Establishes a new legal standard for classifying workers as independent contractors or employees
Workers must have significant control over how their work is done and the opportunities/risks of entrepreneurship to be considered independent contractors
Certain factors like legal or performance requirements cannot be used to determine employee status
How This Impacts Americans
Potential effects on citizens and communities
If passed, this bill would affect workers and employers in industries that rely on independent contractors, such as gig economy companies. It could make it easier for some workers to be classified as independent contractors, which could impact their access to benefits and protections provided to employees under federal labor laws.
Policy Areas
Primary Policy Area
Labor and Employment
Related Subjects
Labor standards
Self-employed
Scope & Jurisdiction
Jurisdiction Level
federal
Congressional Session
119th Congress
Citation Reference
3018, 119th Congress (2025). "A bill to permit visiting dignitaries and service members from Taiwan to display the flag of the Republic of China.". Source: Voter's Right Platform. https://votersright.org/bills/118-s-3018
