Portable Benefits for Independent Contractors: National and State Legislative Initiatives

Independent contractors constitute a growing segment of the workforce, drawn by the flexibility and autonomy of gig, freelance, and contract-based roles. However, the traditional employment benefits—health insurance, retirement savings, and paid leave—often remain out of reach. In response, federal and state lawmakers have introduced a series of portable benefits initiatives designed to provide essential support without undermining the independent status that contractors value.

Benefits for Independent Contractors

Portable benefit programs allow independent workers to build a personalized benefits portfolio that travels with them from gig to gig. Typical offerings include:

  • Health, Dental, and Vision Insurance: Subsidized or pooled coverage options that contractors can enroll in regardless of their hiring entity.
  • Retirement Savings: Individual accounts with contributions from both workers and contracting parties, helping contractors plan for long-term financial security.
  • Paid Time Off and Emergency Funds: Options to accrue paid leave and set aside resources for unexpected expenses, fostering greater financial resilience.

These flexible structures empower contractors to tailor benefits to their unique needs, enhancing stability without sacrificing work autonomy.

Advantages for Companies

Organizations that support portable benefits gain competitive advantages in today’s talent market:

  1. Attraction and Retention: Contractors are more likely to engage long-term with companies that contribute to their well-being and financial future.
  2. Reputation and Brand: Offering benefits signals a commitment to workforce development and social responsibility, bolstering employer brand.
  3. Productivity and Quality: Financial security and health coverage can reduce burnout and turnover, leading to higher-quality work and sustained productivity.

Federal Initiatives

At the national level, Representative Kevin Kiley introduced the Modern Worker Security Act in February 2025. This legislation proposes a federal safe harbor that permits companies to contribute to portable benefits accounts for independent contractors without triggering employee reclassification risks. By clarifying the regulatory environment, the act aims to preserve workforce flexibility while expanding access to benefits.

State-Level Legislation

Several states have already enacted or are considering laws to pilot or formalize portable benefits:

  • Florida House Bill 1067 (Feb 2025): Establishes voluntary portable benefits accounts for independent contractors and sole proprietors. Both workers and hiring entities can make contributions, enabling access to health and retirement benefits without changing employment classification.
  • Tennessee Voluntary Portable Benefit Plan Act (Apr 2025): Implements a statewide benefit pool serving over 1.5 million contractors. Participants receive portable health insurance and retirement plan options that remain with the individual, ensuring continuity across contracts.
  • Alabama Portable Benefit and Incentives Law (2025): Authorizes the creation of portable benefit accounts and provides tax deductions to hiring parties that contribute on behalf of contractors, encouraging broader participation and employer support.
  • Maryland Pilot Program (Apr–Jun 2025): In collaboration with DoorDash, Maryland’s pilot enables eligible Dashers earning at least $1,000 in a quarter to allocate contributions to health, dental, vision, retirement, emergency funds, and paid time off. This pilot tests program design and worker engagement ahead of potential statewide rollout.

Conclusion

The expansion of portable benefits reflects a bipartisan effort to modernize benefit structures for an increasingly flexible workforce. By balancing independence with financial security, these initiatives offer a blueprint for sustaining the gig economy while safeguarding workers’ well-being. As both federal and state programs evolve, stakeholders should monitor outcomes, refine contribution mechanisms, and scale successful pilots to ensure that all independent contractors can access the benefits they need.

Sources

  • Independent Women’s Voice
  • CitizenPortal
  • Florida Senate
  • JD Supra
  • Tennessee House Republican Caucus
  • Ogletree
  • Stride Blog
  • Kiley House
  • Independent Women’s Forum

 

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.