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Thursday, November 7, 2024

Senator Cassidy seeks input on modernizing laws for portable benefits

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Bill Cassidy - Ranking Member of the Senate HELP Committee | Official U.S. Senate headshot

Bill Cassidy - Ranking Member of the Senate HELP Committee | Official U.S. Senate headshot

WASHINGTON – U.S. Senator Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, has requested feedback from stakeholders on modernizing federal law to enable independent workers to access portable workplace benefits such as retirement and health care.

At least 27 million Americans engage in independent work across various professions including truck driving, housing contracting, direct selling, music, acting, writing, software design, medicine, and the gig economy. Many of these workers prefer alternative work arrangements over traditional employment but seek access to portable workplace benefits. Current federal labor laws like the Fair Labor Standards Act of 1938 and the National Labor Relations Act of 1935 hinder their access to such benefits.

Cassidy is looking for input on how to eliminate federal legal and regulatory barriers that prevent independent workers from accessing portable benefits while preserving their flexibility and autonomy.

In his request for feedback addressed to interested parties, Cassidy highlighted that a significant portion of the workforce is poorly served by outdated labor laws which inadvertently prevent them from receiving common workplace benefits. He emphasized the need for policymakers to review these laws to better align with the modern economy's requirements.

The request outlines several topics for stakeholder feedback including:

1. **Worker Classification Model**: The debate around worker classification focuses on distinguishing between employees and independent contractors. Cassidy seeks opinions on how this distinction should be drawn to best serve workers' interests.

2. **Portable Benefits Options**: Feedback is requested on which fringe benefits are most valued by independent workers and whether they would prefer specific types of benefits or a general flexible benefits fund.

3. **Funding Portable Benefits**: Opinions are sought on how a portable benefit system should be funded—whether companies or workers should contribute—and what fiduciary duties administrators should have.

4. **Health Insurance Coverage**: Questions include current barriers preventing independent workers from obtaining insurance through larger risk pools and preferences between association health plans or other health savings options.

5. **Retirement Benefits**: Input is requested on desired retirement benefits for independent workers and solutions for maintaining consistent retirement savings despite the nature of their work.

6. **Innovation in Portable Benefits**: Stakeholders are asked about emerging models or policies Congress should consider and lessons learned from state experiments or company initiatives related to portable benefits.

Responses are requested by June 26, 2024.

For more news and updates from HELP Republicans, visit their website or Twitter at @GOPHELP.

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