US HB1319

Amends the Fair Labor Standards Act of 1938 and National Labor Relations Act to establish a two-part test for classifying workers as independent contractors rather than employees

Classifies a worker as an independent contractor if the hiring entity does not exercise significant control over how the work is performed, and the worker has entrepreneurial opportunities and risks such as managerial discretion or professional judgment

Prohibits using certain factors to classify someone as an employee, including requirements to comply with legal/regulatory standards, health and safety standards, insurance requirements, or contractually agreed-upon performance standards like deadlines

Applies the same independent contractor classification standard under the National Labor Relations Act by cross-referencing the new Fair Labor Standards Act criteria

Takes effect for all worker classification determinations made on or after the date of enactment