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Code · BILL · 119th Congress · S. 4010 (Introduced in Senate) — To clarify the classification of service provider payees as employees or independent contractors in Federal law. · Sec. 201

Sec. 201. Fair Labor Standards Act of 1938

197 words·~1 min read·/bill/119/s/4010/is/section-201

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Section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ) is amended— by striking subsection
(d)and inserting the following: Employer — except as otherwise provided in this subsection, has the meaning given the term in section 101 of the 21st Century Worker Act ; includes any person (including a public agency) acting directly or indirectly in the interest of an employer in relation to an employee; and does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. ; by striking paragraph
(1)of subsection
(e)and inserting the following: Except as provided in paragraphs (2), (3), (4), and (5), the term employee has the meaning given the term employee in section 101 of the 21st Century Worker Act . ; and by striking subsection
(g)and inserting the following: Employ includes to suffer or permit to work under a substantial economic relationship (as defined in section 101 of the 21st Century Worker Act ) between an employer and employee. Employment means the provision of goods or services by an employee for an employer. .
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Sec. 201
Fair Labor Standards Act of 1938
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