Sec. 101. Application of child labor laws to independent contractors
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/bill/118/s/4038/is/section-101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended— in section 3 ( 29 U.S.C. 203 )— in subsection (d)— by striking and inserting Employer includes
(1); Employer includes by inserting (or, for purposes of any child labor provision of this Act, including paragraph (2), subsection (aa), section 12, and any provision of this Act administering or enforcing such a child labor provision, a worker) after employee ; and by adding at the end the following: Notwithstanding any other provision in this section, for purposes of any child labor provision of this Act, including subsections
(l)and (aa), section 12, and any provision of this Act administering or enforcing such a child labor provision, the term employer includes any person engaging an individual (including an independent contractor) for the performance of work. ; in subsection (j)— by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, worker) after employee each place it appears; and by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, engaged for work) after was employed ; in subsection (l)— by striking employment under and inserting work under ; by striking employee each place it appears and inserting worker ; by striking is employed by each place it appears and inserting performs work for ; by striking employing and inserting engaging for work ; by striking employment of each place it appears and inserting engagement for work of ; by striking employment in and inserting engagement for work in ; by striking employees and inserting workers ; and by striking such employment and inserting such work ; in subsection (s), by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, workers) after employees each place it appears; and by adding at the end the following: Work , for purposes of any child labor provision of this Act, including subsections (d)(2), (l), and (aa), section 12, and any provision of this Act administering or enforcing such a child labor provision, means the performance of services for remuneration, including employment. Worker , for purposes of any child labor provision of this Act, including subsection (l), section 12, and any provision of this Act administering or enforcing such a child labor provision, means any individual (including an independent contractor or an employee) engaged for work by an employer. ; in section 11 ( 29 U.S.C. 211 )— in subsection (a)— by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, work) after employment ; and by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, workers) after such employees ; and in subsection (c)— by inserting or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, the persons working for the employer after employed by him ; and by inserting (or, for purposes of any such child labor provision of this Act, work) after employment ; in section 12 ( 29 U.S.C. 212 )— in subsection (b), by striking employment of and inserting engagement for work of ; and in subsection (d), by striking employee and inserting worker ; in section 13 ( 29 U.S.C. 213 )— in subsection (c)— in paragraph (3), by striking employed and inserting engaged for work ; in paragraph (5)— by striking employee each place it appears and inserting worker ; by striking employees each place it appears and inserting workers ; and in subparagraph (C)— in clause (i), by striking employee's each place it appears and inserting worker's ; and in clause (iii)(I), by striking employment and inserting work ; in paragraph (6)— in the matter preceding subparagraph (A)— by striking employees who are under and inserting workers who are under ; and by striking Employee who are 17 and inserting Workers who are 17 ; by striking employee each place it appears and inserting worker ; by striking employee's each place it appears and inserting worker's ; by striking of employment each place it appears and inserting of work ; in subparagraph (F), by striking employees of each place it appears and inserting workers of ; and in subparagraph (G), by striking employment and inserting engagement for work ; and in paragraph (7)— in subparagraph (A)(i), by striking employed and inserting engaged for work ; and in subparagraph (B), in the matter preceding clause (i), by striking employment and inserting engagement for work ; in subsection (d), by inserting (or, for purposes of section 12, worker) after any employee ; and in subsection (f), by inserting (or, for purposes of section 11 (with respect to any child labor provision of this Act) and 12, worker) after any employee ; and in section 18C ( 29 U.S.C. 218c )— by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, worker) after employee each place it appears; and by inserting (or, for purposes of any child labor provision of this Act, including section 12 and any provision of this Act administering or enforcing such a child labor provision, of work) after employment each place it appears.
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Sec. 101
Application of child labor laws to independent contractors
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