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House Bill 3441
115th Congress(2017-2018)
Save Local Business Act
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Passed House on Nov 7, 2017
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H. R. 3441 (Introduced-in-House)


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)).”.