Save Local Business Act

I 117TH CONGRESS 1ST SESSION H. R. 3185 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 HOUSE OF REPRESENTATIVES MAY 13, 2021 Mr. COMER (for himself, Ms. FOXX, Mr. THOMPSON of Pennsylvania, Mr. CHABOT, Mr. DUNCAN, Mr. JOHNSON of Ohio, Mr. SESSIONS, Ms. TENNEY, Mr. ROGERS of Alabama, Mr. HICE of Georgia, Mr. WILSON of South Carolina, Mr. CARTER of Georgia, Ms. HERRELL, Mr. MANN, Mrs. MILLER-MEEKS, Mr. LUETKEMEYER, Mr. BIGGS, Mrs. WALORSKI, Mr. WEBER of Texas, Ms. STEFANIK, Mr. GROTHMAN, Mr. VALADAO, Mr. PALMER, Mr. GOOD of Virginia, Mr. CAWTHORN, Mr. WALBERG, Mr. GUTHRIE, Mr. LATURNER, Mr. MOOLENAAR, Mr. PERRY, Mr. LONG, Mr. BURGESS, Mr. WOMACK, Mr. KELLY of Mississippi, Mrs. LESKO, Mr. NORMAN, Mr. MAST, Mr. BOST, Mr. GIBBS, Mr. FITZGERALD, Mr. DONALDS, Mr. MURPHY of North Carolina, Mr. DAVIDSON, Mr. BANKS, Mr. ROSE, Mrs. RODGERS of Washington, Mr. BUDD, Mr. C. SCOTT FRANKLIN of Florida, Ms. LETLOW, Mrs. WAGNER, Mr. FULCHER, Mr. ROY, Mr. ISSA, Mr. HAGEDORN, and Mr. OWENS) introduced the fol- lowing bill; which was referred to the Committee on Education and Labor 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:26 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3185.IH H3185 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3185 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Save Local Business 2 Act’’. 3 SEC. 2. CLARIFICATION OF JOINT EMPLOYMENT. 4 (a) NATIONAL LABOR RELATIONS ACT.—Section 5 2(2) of the National Labor Relations Act (29 U.S.C. 6 152(2)) is amended— 7 (1) by striking ‘‘The term ‘employer’ ’’ and in- 8 serting ‘‘(A) The term ‘employer’ ’’; and 9 (2) by adding at the end the following: 10 ‘‘(B) An employer may be considered a joint employer 11 of the employees of another employer only if each employer 12 directly, actually, and immediately, exercises significant 13 control over the essential terms and conditions of employ- 14 ment of the employees of the other employer, such as hir- 15 ing such employees, discharging such employees, deter- 16 mining the rate of pay and benefits of such employees, 17 supervising such employees on a day-to-day basis, assign- 18 ing such employees a work schedule, position, or task, or 19 disciplining such employees.’’. 20 (b) FAIR LABOR STANDARDS ACT OF 1938.—Section 21 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 22 203(d)) is amended— 23 (1) by striking ‘‘ ‘Employer’ includes’’ and in- 24 serting ‘‘(1) ‘Employer’ includes’’; and 25 (2) by adding at the end the following: 26 VerDate Sep 11 2014 22:26 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3185.IH H3185 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3185 IH ‘‘(2) An employer may be considered a joint employer 1 of the employees of another employer for purposes of this 2 Act only if each employer meets the criteria set forth in 3 section 2(2)(B) of the National Labor Relations Act (29 4 U.S.C. 152(2)(B)) except that, for purposes of deter- 5 mining joint-employer status under this Act, the terms 6 ‘employee’ and ‘employer’ referenced in such section shall 7 have the meanings given such terms in this section.’’. 8 Æ VerDate Sep 11 2014 22:26 Jun 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3185.IH H3185 kjohnson on DSK79L0C42PROD with BILLS