[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3441 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3441

 To clarify the treatment of two or more employers as joint employers 
under the National Labor Relations Act and the Fair Labor Standards Act 
                                of 1938.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2017

  Mr. Byrne (for himself, Ms. Foxx, Mr. Walberg, Mr. Wilson of South 
      Carolina, Mr. Hunter, Mr. Roe of Tennessee, Mr. Thompson of 
 Pennsylvania, Mr. Guthrie, Mr. Rokita, Mr. Barletta, Mr. Messer, Mr. 
Grothman, Ms. Stefanik, Mr. Allen, Mr. Lewis of Minnesota, Mr. Francis 
    Rooney of Florida, Mr. Mitchell, Mr. Garrett, Mr. Smucker, Mr. 
     Ferguson, Mrs. Handel, Mr. Chabot, Mr. Cuellar, Mr. Kelly of 
  Pennsylvania, Mr. Barr, Mr. Perry, Mr. Rouzer, Mrs. Mimi Walters of 
  California, Mr. Collins of Georgia, and Mr. Correa) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
 To clarify the treatment of two or more employers as joint employers 
under the National Labor Relations Act and the Fair Labor Standards Act 
                                of 1938.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Save Local Business Act''.

SEC. 2. CLARIFICATION OF JOINT EMPLOYMENT.

    (a) National Labor Relations Act.--Section 2(2) of the National 
Labor Relations Act (29 U.S.C. 152(2)) is amended--
            (1) by striking ``The term `employer''' and inserting ``(A) 
        The term `employer'''; and
            (2) by adding at the end the following:
                    ``(B) A person may be considered a joint employer 
                in relation to an employee only if such person 
                directly, actually, and immediately, and not in a 
                limited and routine manner, exercises significant 
                control over the essential terms and conditions of 
                employment (including hiring employees, discharging 
                employees, determining individual employee rates of pay 
                and benefits, day-to-day supervision of employees, 
                assigning individual work schedules, positions, and 
                tasks, and administering employee discipline).''.
    (b) Fair Labor Standards Act of 1938.--Section 3(d) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(d)) is amended--
            (1) by striking ```Employer' includes'' and inserting ``(1) 
        `Employer' includes''; and
            (2) by adding at the end the following:
            ``(2) A person may be considered a joint employer in 
        relation to an employee for purposes of this Act only if such 
        person meets the criteria set forth in section 2(2)(B) of the 
        National Labor Relations Act (29 U.S.C. 152(2)(B)).''.
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