Sec. 301. Independent contractors, interns, fellows, volunteers, and trainees

725 words·~3 min read·/bill/116/s/1082/is/section-301

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All protections afforded to an employee or individual under a provision that consists of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.), the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.), the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq.), subchapter II of chapter 5 of title 3, United States Code, the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq.), title I and section 503 (for violations with respect to that title) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq., 12203), sections 501 and 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 , 794a), section 6(d) of the Fair Labor Standards Act of 1938 (commonly known as the Equal Pay Act of 1963 ) ( 29 U.S.C. 206(d) ), title II of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff et seq.), and section 4311 of title 38, United States Code, shall be afforded, in the same manner and to the same extent, to— an individual who is engaged by an employer or entity covered by that provision (referred to in this subsection as a covered employer or entity ) as an independent contractor (regardless of business structure, including organization as a legal or commercial entity) or as an intern, fellow, volunteer, or trainee, whether or not the individual receives compensation, academic credit, or other remuneration from the covered employer or entity; or an individual who applies or seeks to become such an independent contractor (regardless of business structure, including organization as a legal or commercial entity), intern, fellow, volunteer, or trainee, for the covered employer or entity.

In this subsection, the term covered establishment means an individual or entity that— is not acting as an employer or entity covered by a provision specified in subsection (a); and engages the services (including soliciting such services) of an independent contractor (regardless of business structure, including organization as a legal or commercial entity), intern, fellow, volunteer, or trainee by means of an instrument of transportation or communication in interstate commerce, or through an arrangement that involves the use of such an instrument to carry out or be conveyed to carry out those services.

All protections afforded to an employee or individual under a provision that consists of title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, title I and section 503 (for violations with respect to that title) of the Americans with Disabilities Act of 1990, section 6(d) of the Fair Labor Standards Act of 1938, title II of the Genetic Information Nondiscrimination Act of 2008, and section 4311 of title 38, United States Code, shall be afforded, in the same manner and to the same extent that the provision covers an individual described in section 701(f) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(f) ), to— an individual who is engaged by a covered establishment as an independent contractor (regardless of business structure, including organization as a legal or commercial entity) or as an intern, fellow, volunteer, or trainee, whether or not the individual receives compensation, academic credit, or other remuneration from the covered establishment; or an individual who applies or seeks to become such an independent contractor (regardless of business structure, including organization as a legal or commercial entity), intern, fellow, volunteer, or trainee, for the covered establishment.

For purposes of the provisions listed in subsection

(a)and the provisions of this Act, an individual or entity who engages the services (by means of an instrument of transportation or communication in interstate commerce, or through an arrangement that involves the use of such an instrument to carry out or be conveyed to carry out those services) of a person in domestic service in a household, as an employee, or as an independent contractor, intern, fellow, volunteer, or trainee, referred to in subsection

(a)or

(b)shall be considered to be engaged in interstate commerce. Nothing in this section shall be construed to limit the individuals protected under any provision described in subsection (a). In this section, the term interstate commerce means Commerce (as defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 )) among the several States.

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