S. 2210

119th CONGRESS 1st Session

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, and for other purposes.

IN THE SENATE OF THE UNITED STATES · July 8, 2025 · Sponsor: Mr. Cassidy · Committee: Committee on Health, Education, Labor, and Pensions

Table of contents

• S. 2210
  • SEC. 1. Short title
  • SEC. 2. Consideration of portable benefits with respect to employment status

SEC. 1. Short title

• This Act may be cited as the Unlocking Benefits for Independent Workers Act.

SEC. 2. Consideration of portable benefits with respect to employment status

• A determination whether an individual is an employee of a person for the purposes of any Federal law shall be made without considering whether such person provides to the individual—
  • a benefit or protection that the individual may maintain without regard to whether the individual continues to perform work for such person;
  • a benefit or protection of a type that is commonly provided to a full-time employee;
  • a contribution, financial or otherwise, with respect to a benefit described in paragraph (1) or (2) that is—
    • made on behalf of the individual by the person in connection with work performed by the individual for the person; or
    • made by the individual; or
  • a benefit, protection, or contribution that is a combination of any benefit, protection, or contribution described in paragraph (1), (2), or (3).