Bills Introduced in Congress Work to Secure the Right to Work for Independent Professionals

On February 13, California Congressman Kevin Kiley (R) introduced two bills in the House of Representatives that seek to codify and protect independent professionals and contractors. 

This is a welcome effort for the nation’s self-employed professionals, freelancers, and gig economy workers. Their professional fates hang in the balance due to the crackdown on independent contracting by the federal government and some states.

Rep. Kiley’s office explained the purpose of the new legislation:

Today Representative Kevin Kiley (R-CA) introduced the Modern Worker Empowerment Act and the Modern Worker Security Act to protect independent workers and businesses from regulatory uncertainty. The Modern Worker Empowerment Act amends existing federal labor laws to establish a clear and predictable test for determining whether a worker is classified as an independent contractor or an employee. The Modern Worker Security Act establishes a federal safe harbor that allows companies to voluntarily provide portable benefits to independent contractors without the risk of federal agencies reclassifying those workers as employees.

In the “Modern Worker Empowerment Act” (H.R. 1319), Kiley seeks to amend the 1938 Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) to bring clarity to the standards used in determining whether an individual is an employee or an independent contractor. The Modern Worker Security Act opens the stage for an independent contractor to access portable benefits not linked to a particular employer. 

Rep. Kiley continued,

California’s disastrous AB 5 law wreaked havoc on independent workers, stripping them of their ability to work on their own terms and forcing businesses to cut off contractor relationships. Shifting federal regulations threaten to impose similar uncertainty nationwide, putting millions of workers at risk.

By codifying both these protections into law, we prevent future administrations from undermining independent workers and provide businesses with the confidence to fully engage with a modern, flexible workforce.

The key change to the FLSA is to first establish the premise that independent workers do indeed exist and that the expertise, scope, and nature of how independent professionals conduct their work should be the key determinant of their work status.

On February 12, 2025, a day prior to Kiley’s bills being introduced, Sen. Rand Paul (R-KY) reintroduced a companion bill in the upper chamber of Congress. The “National Right to Work Act” would protect workers in all 50 states from being forced to pay dues to a labor union as a condition of employment. Sen. Paul first introduced it in the 118th Congress, but it stalled in committee. 

In this 119th Congress, Paul has partnered with two key right-to-work organizations to reintroduce “The National Right to Work Act”: The Institute for the American Worker, and the National Right to Work Foundation. 

Sen. Paul’s office announced:

Today, U.S. Senator Rand Paul (R-KY) reintroduced the National Right to Work Act to preserve and protect the free choice of individual employees to form, join, or assist labor organizations or to refrain from such activities.

‘The National Right to Work Act ensures all American workers have the ability to choose to refrain from joining or paying dues to a union as a condition for employment,’ said Dr. Paul. ‘Kentucky and 26 other states have already passed right to work laws. It’s time for the federal government to follow their lead.’

Mark Mix, President of the National Right to Work Committee added,

More Congressmen and Senators than ever before cosponsored the National Right to Work Act in the previous Congress, and we’re grateful to Senator Paul for introducing it again this year. Union bosses don’t get to decide what policies are “pro-worker.” That’s up to workers themselves, and the overwhelming majority support the Right to Work principle that union dues should always be a voluntary choice. The National Right to Work Act protects that choice. Anyone who truly stands with workers and against the union boss special interests that seek to force workers to pay union dues should support Senator Paul’s bill.

While Rep. Kiley’s bill focuses on codifying into Fair Labor Standards the right of the independent professional to be recognized as such, the focus of Paul’s bill is to enshrine right-to-work laws in every state and protect employees from union overreach. 

The passage of both bills would work wonders to secure the right to work and the role of independent professionals and small businesses in the American workforce and economy.