[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3441 Received in Senate (RDS)]

<DOC>
115th CONGRESS
  1st Session
                                H. R. 3441


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2017

                                Received

_______________________________________________________________________

                                 AN ACT


 
 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 
essential terms and conditions of employment, such as 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, or 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)).''.

            Passed the House of Representatives November 7, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.