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Portable Benefits Policy Hub
Where portable benefits policies are advancing and how they work
Portable benefits policies are gaining momentum across states and at the federal level. Explore where reforms are happening, how they work, and the research behind them.
A Policy Movement Across States—and Beyond
Portable benefits are no longer theoretical; they are being tested and implemented across the country. In just the past few years, states have enacted legislation, launched pilot programs, and introduced new proposals to expand benefits access for independent workers.
What began as a single-state effort is now a rapidly expanding national policy movement. Recent federal bills (S.2210 - Unlocking Benefits for Independent Workers Act and H.R.1320 - Modern Worker Security Act) reflect growing interest in creating a national safe harbor framework, building on the momentum emerging from the states.
The American benefits system was built around workers having a single employer—but today’s workforce no longer works that way. Tens of millions of Americans are independent workers who lack access to benefits like health insurance, retirement savings, and paid leave.
Portable benefits are designed to fit the realities of modern work. Instead of tying benefits to a single employer, they allow workers to build benefits across multiple income sources using independent, worker-owned accounts.
The policy change creates a legal safe harbor so that companies or clients can contribute to benefits for independent workers without those contributions being treated as evidence of employment status. This approach closes the gap between a changing workforce and an outdated benefits system.
Independent work has grown steadily over the past several decades, reflecting a broader shift in how Americans earn income. This trend helps explain why policymakers across the country are exploring portable benefits solutions.
What Workers Are Saying
Portable benefits are not just a policy idea—they directly impact workers’ lives. More than 80 percent of independent workers prefer to remain independent, and fewer than 8 percent say they want a traditional W-2 job. Yet more than 80 percent also say they want access to benefits.
These stories reflect a consistent theme: Workers don’t want, and shouldn’t need, to choose between independence and security.
Frequently Asked Questions
New to portable benefits? These FAQs address some common concerns and misconceptions.
No. They do not alter existing classification tests. They simply clarify to courts and agencies that offering benefits cannot be used as evidence of employee status.
No. Proposals based on the Mercatus voluntary portable benefits safe harbor framework clarify only that companies or clients can voluntarily contribute if they choose.
The majority of independent workers aren’t looking to be reclassified as employees; they simply want access to benefits without giving up their autonomy. What they value is not just income, but the flexibility to decide where to work, how much to work, and when to work.
Yes. Pilot programs and state frameworks show strong employer participation once legal clarity exists. For example, in Pennsylvania, workers in the DoorDash pilot program received more than $1.3 million in benefits. Nearly 75 percent of workers who previously lacked access to benefits gained access through a portable benefits program.