Hearings to examine freedom to work, focusing on unlocking benefits for independent workers

Labor Department and Labor LawSenate Health, Education, Labor, and Pensions · July 17, 2025 · 119th Congress
The Senate HELP Committee met to examine a legislative package — including the Unlocking Benefits for Independent Workers Act and the Modern Worker Empowerment Act — that would create a federal "safe harbor" letting companies offer benefits to independent contractors without triggering worker misclassification claims. Begins at ▶ 0:16:38
Transcript
Highlights

Title

Independent contractor classification and portable benefits legislation

Purpose

The Senate HELP Committee met to examine a legislative package — including the Unlocking Benefits for Independent Workers Act and the Modern Worker Empowerment Act — that would create a federal "safe harbor" letting companies offer benefits to independent contractors without triggering worker misclassification claims. Chair Cassidy and cosponsors framed the bills as preserving flexibility for the 27 million-plus Americans working as independent contractors, while Ranking Member Sanders and Democratic members argued the proposals would enable misclassification, undercut unionization, and worsen income inequality. Witnesses debated the effects of California's AB-5, association health plans, and retirement portability options. Begins at▶ 0:16:38

Who spoke

• Chair Bill Cassidy (R-LA)▶ 0:16:38: Opened by describing the rise of independent/gig work and his package with Sens. Paul and Scott to create a safe harbor for benefits▶ 0:18:34; later pressed witnesses on association health plan savings▶ 0:59:59 and disputed Friedman's 50% retirement-access figure with an IRS-based 80% estimate▶ 1:32:11.

• Sen. Bernie Sanders (I-VT), Ranking Member▶ 0:20:28: Cited the top 1% owning more wealth than the bottom 93% and $79 trillion redistributed from the bottom 90% over 50 years▶ 0:20:50; said the bills would let firms like Amazon, Uber, and Lyft misclassify workers to avoid union rights and benefits▶ 0:22:37; announced he introduced the Pensions for All Act to cover 56 million workers lacking employer pensions▶ 0:25:56.

• Patrice Onwuka, Independent Women's Forum▶ 0:27:17: Said avoiding mass reclassification and creating a federal safe harbor would let firms offer benefits without misclassification risk▶ 0:28:14; cited polling that 82-87% of women want the government to ease independent-contractor benefit access▶ 0:31:00.

• Kim Kavin, freelance journalist/Fight for Freelancers▶ 0:33:03: Described organizing against California's AB-5 and a similar New Jersey proposal, arguing they hurt over 600 professions▶ 0:34:02; said her own health premium is $999.87/month for a silver plan▶ 0:58:05.

• Kev Coleman, Paragon Health Institute▶ 0:38:21: Testified small-business health coverage fell from ~50% in 2000 to 30% by 2023▶ 0:39:19; said association health plans could cut premiums 23-29% based on his research▶ 0:41:25.

• Tim Driscoll, International Union of Bricklayers and Allied Craftworkers▶ 0:43:32: Said the Unlocking Benefits Act would expand a "race to the bottom" and cited roughly 2.1 million workers currently misclassified as contractors▶ 1:01:58; urged passage of the PRO Act instead▶ 0:46:46.

• Karen Friedman, Pension Rights Center▶ 0:48:45: Said the average Social Security benefit is under $24,000/year and 5.7 million older Americans live in poverty▶ 0:51:00; endorsed Sanders' Pensions for All Act and state auto-IRA programs▶ 0:54:19.

• Sen. Tommy Tuberville (R-AL)▶ 0:56:22: Entered union letters supporting portable benefits into the record▶ 0:56:53; asked Coleman how association health plans would affect insurance coverage rates▶ 1:08:33.

• Sen. Maggie Hassan (D-NH)▶ 1:11:26: Warned about "association junk health plans" and asked Driscoll how the reconciliation bill's coverage losses would raise costs for insured workers▶ 1:13:07.

• Sen. Roger Marshall (R-KS)▶ 1:16:51: Asked what protections exist if a benefit provider fails and pressed Coleman on whether legislative versus regulatory fixes are needed for AHPs▶ 1:18:35.

• Sen. Andy Kim (D-NJ)▶ 1:21:45: Shared his father's hospitalization and reliance on under-$24,000 Social Security income▶ 1:22:14; asked Friedman and Kavin about expanding state auto-IRA programs to contractors▶ 1:24:22.

• Sen. Jon Husted (R-OH)▶ 1:27:08: Cited health care as 18% of the economy at $5.26 trillion/year▶ 1:27:39; argued lack of price transparency and negotiating leverage hurts independent contractors▶ 1:28:10.

• Sen. Lisa Blunt Rochester (D-DE)▶ 1:32:49: Highlighted Delaware's "Delaware EARNS" auto-IRA program and asked Friedman about the Saver's Credit under Secure 2.0▶ 1:33:46.

• Sen. Tim Kaine (D-VA)▶ 1:38:03: Said workers should not be misclassified but also supported those who choose contractor status; warned about 16 million people losing coverage from ACA/Medicaid changes and expiring premium support▶ 1:41:02.

• Sen. Angela Alsobrooks (D-MD)▶ 1:43:56: Cited mass federal worker firings and collective-bargaining rollbacks▶ 1:44:53; asked Driscoll how the reconciliation bill would raise uncompensated care costs▶ 1:46:21.

• Sen. John Hickenlooper (D-CO)▶ 1:49:31: Discussed his Retirement Savings for Americans Act, an auto-enrolled, TSP-style portable plan▶ 1:51:14; noted $276 billion in annual federal retirement subsidies with only $16 billion reaching the lowest 40% of earners▶ 1:54:58.

Key moments

• Sanders said CEOs now earn 350 times more than average workers and cited a RAND finding of $79 trillion redistributed from the bottom 90% to the top 1% over 50 years▶ 0:20:50.

• Onwuka and Kavin both said California's AB-5 caused self-employment to fall 10.6% and overall employment to fall over 4%, with entire professions "wiped out"▶ 0:30:36▶ 0:35:57.

• Kavin cited a study showing freelancers earned a median $85,000 versus $80,000 for full-time employees in 2024, though Cassidy questioned whether that accounted for the cost of lost benefits▶ 0:57:26▶ 0:57:46.

• Driscoll stated approximately 2.1 million workers are currently misclassified as contractors and that this creates a competitive "race to the bottom" against employers who provide benefits▶ 1:01:58▶ 1:02:28.

• Sanders asked all four witnesses whether the U.S. should guarantee health care as a human right like other nations; Onwuka, Kavin, and Coleman said no "the way you are suggesting," while Driscoll said health care is "an essential right everyone is entitled to"▶ 1:00:39▶ 0:01:33.

• Friedman said the average Social Security benefit is under $24,000/year and cited a Pension Rights Center estimate that 50% of the workforce has no pension or savings; Cassidy countered with an IRS-based figure showing nearly 80% have access to defined-contribution plans, and Friedman clarified she meant participation, not access▶ 1:32:11▶ 1:32:44.

• Kim Coleman said association health plans could lower premiums "potentially by thousands" depending on location and age▶ 1:00:15.

• Hickenlooper said the federal government spends about $276 billion a year subsidizing retirement savings, but only $16 billion goes to the lowest 40% of earners, proposing to lower the cap for high earners to fund auto-enrollment for others▶ 1:54:58▶ 1:55:12.

• Hassan and Driscoll linked the reconciliation bill's projected 20 million coverage losses to rising premiums for insured plans, including union-negotiated ones, as uninsured patients turn to emergency rooms▶ 1:13:28▶ 1:46:21.

• Kaine said about 16 million people are expected to lose health insurance due to Medicaid changes and expiring ACA premium support, warning of 50-80% premium increases by year's end▶ 1:41:02▶ 1:41:53.

Metadata

CommitteeSenate Health, Education, Labor, and Pensions
Chamber / CongressSenate · 119th Congress
DateJuly 17, 2025
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript278 caption blocks · 13,716 words · 1:56:06 runtime
EventCongress.gov 337255