H.R. 3441 — what changed
Save Local Business Act
From Introduced in House to Reported in House. 1 section amended between Introduced in House and Reported in House.
Sec. 2 Clarification of joint employment
National Labor Relations Act— Section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)) is amended—
by striking “The term “employer”” and inserting “(A) The term “employer””; and
by adding at the end the following:
changed
“(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 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, and or administering employee discipline).”discipline.”
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—
by striking ““Employer” includes” and inserting “(1) “Employer” includes”; and
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)).”