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To amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee, and for other purposes.
7/29/2025, 3:16 PM
Summary of Bill HR 1319
The PRO Act is designed to strengthen workers' rights to organize and collectively bargain for better wages, benefits, and working conditions. It also aims to protect workers from unfair labor practices and retaliation by employers. The bill includes provisions to make it easier for workers to join unions, address issues related to misclassification of employees as independent contractors, and enhance penalties for employers who violate labor laws.
Overall, the PRO Act is intended to level the playing field for workers and ensure that they have the ability to advocate for their rights in the workplace. The bill has garnered support from labor unions and worker advocacy groups, who see it as a critical step towards empowering workers and improving labor standards across the country.
Congressional Summary of HR 1319
This bill specifies a legal standard for determining whether an individual is considered an independent contractor rather than an employee for the purposes of federal labor laws that address issues such as the federal minimum wage, overtime compensation, and collective bargaining. The rights and protections provided by these laws exclusively apply to employees.
Under the bill, an individual is considered an independent contractor if (1) another individual or entity does not exercise significant control over the details of how the individual's work is performed, without regard to any control the other individual or entity may exercise over the final result of the work performed; and (2) while performing such work, the individual has opportunities and risks inherent with entrepreneurship (for example, the discretion to exercise professional judgment).
The bill also sets forth factors that may not be used to determine whether an individual is an employee. Specifically, factors such as whether another individual or entity requires the individual to meet certain legal, health and safety, insurance, or performance requirements may not be used to make such a determination.
