Section 1 Short title
This Act may be cited as the “Protecting Workers’ Freedom to Organize Act”.
Protecting Workers’ Freedom to Organize Act
A BILL
To amend the National Labor Relations Act to clarify the requirements for meeting the definition of the term employee, and for other purposes.
Sec. 2 Definitions under the National Labor Relations Act
Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended—
in paragraph (3), by adding at the end the following: “An individual performing any service shall be considered an employee (except as provided in the previous sentence) and not an independent contractor, unless—
“(A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact;
“(B) the service is performed outside the usual course of the business of the employer; and
“(C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed.”
in paragraph (11)—
by inserting “and for a majority of the individual's work time” after “interest of the employer”;
by striking “assign,” after “discharge,”; and
by striking “or responsibly to direct them,” after “or discipline other employees,”.