From JDSupra, Lawrence Lorber, Scott Mallery, and Leon Rodriguez report on a new bill introduced into Congress that would create a new hybrid work arrangement that includes labor law protections while allowing workers to remain independent. Lawrence, Scott and Leon write:
Speaking Of Gig Workers: Legislation Would Create New Hybrid Classification. Recently, Representatives Elise Stefanik (R-NY), Henry Cuellar (D-TX), and Michelle Steel (R-CA) introduced the Worker Flexibility and Choice Act (WFCA). The legislation establishes a new work arrangement intended to combine the flexibility of independent work with certain workplace protections and opportunity for additional benefits. The measure would permit workers to enter into voluntary “worker flexibility agreements,” which purports to permit the worker to maintain independence while also permitting the employer to offer benefits to the independent contractor without running afoul of the Fair Labor Standards Act (FLSA). Rep. Cuellar has released a helpful fact sheet summarizing the provision of the measure. For example, the measure would preempt state and local wage/hour and tax laws that would otherwise force the individual to be treated as an employee, and all of the obligations that come with that classification. The measure has been introduced and referred to the House Education and Labor Committee and the House Ways and Means Committee. No further action has been taken on the measure. Stay tuned.