[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1636 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1636

  To clarify the treatment of 2 or more employers as joint employers 
under the National Labor Relations Act and the Fair Labor Standards Act 
                                of 1938.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2021

Mr. Marshall (for himself, Mr. Scott of South Carolina, Mr. Inhofe, Mr. 
Burr, Mr. Cassidy, and Mr. Braun) introduced the following bill; which 
  was read twice and referred to the Committee on Health, Education, 
                          Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To clarify the treatment of 2 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) An employer may be considered a joint employer of the 
employees of another employer only if each employer directly, actually, 
and immediately exercises significant control over the essential terms 
and conditions of employment of the employees of the other employer, 
such as hiring such employees, discharging such employees, determining 
the rate of pay and benefits of such employees, supervising such 
employees on a day-to-day basis, assigning such employees a work 
schedule, position, or task, or disciplining such employees.''.
    (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) An employer may be considered a joint employer of the 
employees of another employer for purposes of this Act only if each 
employer meets the criteria set forth in section 2(2)(B) of the 
National Labor Relations Act (29 U.S.C. 152(2)(B)) except that, for 
purposes of determining joint-employer status under this Act, the terms 
`employee' and `employer' referenced in such section shall have the 
meanings given such terms in this section.''.
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