To ensure that the provision of portable benefits to an individual is not considered in determining whether such individual is an employee of a person.
Ensure that providing portable benefits to a worker is not considered when determining whether the worker is an employee.
Occurrences
Evidence
unverified · Source version 44334 · locator unknown
During the June 11-July 10, 2026 lookback window, Kiley's official recent posts listed items on an education tax credit, a bridge project, a constituent-service award, and election reform; no portable-benefits or worker-classification delivery announcement was visible.
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DOL announced a Notice of Proposed Rulemaking to revise employee-versus-independent-contractor analysis; the comment period closed April 28, 2026. The page describes a proposal, not a final rule creating a portable-benefits safe harbor.
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The Federal Register item is labeled a Proposed Rule, with comments due April 28, 2026. DOL stated it is legally constrained from adopting a common-law control test unless Congress changes the law; that common-law test includes provision of employee benefits as a factor.
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WHD instructed staff not to apply the 2024 rule in FLSA investigations, but also stated the 2024 rule remains in effect for private litigation and that the bulletin changes no employee rights or employer responsibilities.
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The report says Kiley introduced legislation to narrow who counts as an employee and to let companies provide independent contractors portable benefits without classifying them as employees; it also notes Senate passage would likely require 60 votes.
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Vox reported that Republican portable-benefits proposals would protect companies from misclassification lawsuits when offering non-salary perks, and that Rep. Kevin Kiley introduced companion bills in February 2025.
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GovInfo’s reported-in-House text lists H.R. 1320 as Kiley’s bill and states its purpose is to ensure portable benefits are not considered in employee-status determinations. The operative provision would apply beginning on the date of enactment, while the listed action is only that the bill was reported with amendments and ordered printed.
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The National Archives explains that after a bill becomes law, OFR assigns a public law number. Its reviewed current-session public law list for the 119th Congress, second session, lists public laws through 119-102 and does not include H.R. 1320 or the Modern Worker Security Act.
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H.R. 1320 Mr. Walberg (Education To ensure that the Feb. 20 and Workforce). provision of Rept. 119-506 portable benefits to an individual is not considered in determining whether such individual is an employee of a person.
unverified · Source version 65203 · locator unknown
119th Congress Second session, beginning January 3, 2026 Total number of public laws: 32 Public Law Number | Bill Number | Title | Date Approved | Stat. Citation | Number of Pages 119-104 | S. 858 | Hershel “Woody” Williams National Medal of Honor Monument Location Act | Sept. 10, 2026 | 140 Stat. 1011 | 1
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"Total number of public laws: 39"; "This page was last reviewed on September 21, 2026."
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"Last Action Date Listed February 20, 2026"; "Reported with amendments, committed to the Committee of the Whole House"
Assessments
Kiley sponsored H.R. 1320, the Modern Worker Security Act, which directly matches the promise by creating a federal safe harbor so portable benefits would not be considered in employee-status determinations. The bill was reported by the House committee and placed on the Union Calendar, showing a serious legislative effort. But the evidence does not show House passage, Senate passage, enactment, or a final agency rule delivering the promised protection; relevant DOL activity remained proposed or limited enforcement guidance. Therefore the promised outcome was not delivered, though Kiley receives an effort badge for materially advancing matching legislation during the same federal term.
Kiley materially pursued the promise by introducing federal companion legislation in 2025 to allow companies to provide portable benefits to independent contractors without that benefit provision counting toward employee classification. But the evidence shows no enacted federal statute or final nationwide rule delivering that safe harbor. The 2026 DOL action remained proposed, the 2025 enforcement bulletin was limited and did not change legal rights or employer responsibilities, and recent official materials show no delivery announcement. Because there was a serious legislative attempt but the promised outcome has not been secured, this is best scored as never with effort credit.