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H.R.8442 – Worker Flexibility and Choice Act

https://www.congress.gov/bill/117th-congress/house-bill/8442/text you don't count for their tax(C.i) and you are not subject to the minimum wage and overtime protections(E.i) WORKER FLEXIBILITY AGREEMENT.—The term ‘worker flexibility agreement’ means an arrangement— “(A) that is knowingly and voluntarily entered into by an entity and an individual before work begins, in accordance with paragraph (2); “(B) under which— “(i) the individual retains the rights provided to employees in connection with other workplace laws, including those relating to individual employee privacy rights, nondiscrimination, nonharassment, nonretaliation, safety, and leave under the Family and Medical Leave Act, in accordance with applicable laws; “(ii) the individual retains the freedom and flexibility to reject offers the entity provides to the individual to provide services or results without negatively impacting the individual’s opportunity to provide services to the entity in the future during the arrangement's term; and “(iii) the individual retains the right to perform the same services or results…


https://www.congress.gov/bill/117th-congress/house-bill/8442/text

you don't count for their tax(C.i) and you are not subject to the minimum wage and overtime protections(E.i)

WORKER FLEXIBILITY AGREEMENT.—The term ‘worker flexibility agreement’ means an arrangement—

“(A) that is knowingly and voluntarily entered into by an entity and an individual before work begins, in accordance with paragraph (2);

“(B) under which—

“(i) the individual retains the rights provided to employees in connection with other workplace laws, including those relating to individual employee privacy rights, nondiscrimination, nonharassment, nonretaliation, safety, and leave under the Family and Medical Leave Act, in accordance with applicable laws;

“(ii) the individual retains the freedom and flexibility to reject offers the entity provides to the individual to provide services or results without negatively impacting the individual’s opportunity to provide services to the entity in the future during the arrangement's term; and

“(iii) the individual retains the right to perform the same services or results as the services or results provided under the arrangement to competing businesses, unless part of a bargained-for non-solicitation sales agreement;

“(C) that specifies that the individual entering into the agreement—

“(i) will not be treated as an employee for Federal tax purposes with respect to services performed pursuant to the agreement during the period during which the agreement is in effect; and

“(ii) has not been treated as an employee for Federal tax purposes with respect to the same or similar services performed at any time during the calendar year in which such agreement is entered into by the individual and the entity;

“(D) that may include other requirements, if agreed to by the individual and the entity;

“(E) that is affirmed in writing and that—

“(i) states the entity has offered, and the individual has chosen to enter into, an arrangement whereby the individual is not subject to the minimum wage and overtime protections of this Act and is not treated as an employee under the Internal Revenue Code of 1986 (and related State and local laws); and

“(ii) includes a statement of all of the rights and requirements described subparagraphs (B) and (C); and

“(F) that is for a defined period of time and that may be renewed or renegotiated by the individual and the entity following its expiration in accordance with the requirements of this section.

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