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II
116TH CONGRESS
1ST SESSION
S. 664
To amend the National Labor Relations Act to clarify the requirements
for meeting the definition of the term ‘‘employee’’, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 5, 2019
Mr. BROWN (for himself, Mr. BOOKER, Mrs. GILLIBRAND, Ms. SMITH, Mrs.
MURRAY, Mr. MERKLEY, Ms. BALDWIN, Mr. SANDERS, and Mr. DURBIN)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
A BILL
To amend the National Labor Relations Act to clarify the
requirements for meeting the definition of the term ‘‘em-
ployee’’, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Workers’
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Freedom to Organize Act’’.
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SEC. 2. DEFINITIONS UNDER THE NATIONAL LABOR RELA-
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TIONS ACT.
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Section 2 of the National Labor Relations Act (29
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U.S.C. 152) is amended—
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•S 664 IS
(1) in paragraph (3), by adding at the end the
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following: ‘‘An individual performing any service
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shall be considered an employee (except as provided
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in the previous sentence) and not an independent
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contractor for purposes of this Act, unless—
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‘‘(A) the individual is free from control and
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direction in connection with the performance of
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the service, both under the contract for the per-
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formance of the service and in fact;
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‘‘(B) the service is performed outside the
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usual course of the business of the employer;
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and
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‘‘(C) the individual is customarily engaged
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in an independently established trade, occupa-
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tion, profession, or business of the same nature
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as that involved in the service performed.’’; and
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(2) in paragraph (11)—
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(A) by inserting ‘‘and for a majority of the
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individual’s work time’’ after ‘‘interest of the
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employer’’;
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(B) by striking ‘‘assign,’’; and
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(C) by striking ‘‘or responsibly to direct
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them,’’.
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Æ
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