Section 1 Short title
This Act may be cited as the “Save Local Business Act”.
Save Local Business Act
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.
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:
“(B) An employer may be considered a joint employer of the employees of another employer only if each employer directly, actually, and immediately exercises significant control over the essential terms and conditions of employment of the employees of the other employer, such as hiring such employees, discharging such employees, determining the rate of pay and benefits of such employees, supervising such employees on a day-to-day basis, assigning such employees a work schedule, position, or task, or disciplining such employees.”
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) An employer may be considered a joint employer of the employees of another employer for purposes of this Act only if each employer meets the criteria set forth in section 2(2)(B) of the National Labor Relations Act (29 U.S.C. 152(2)(B)) except that, for purposes of determining joint-employer status under this Act, the terms “employee” and “employer” referenced in such section shall have the meanings given such terms in this section.”
Sec. 3 Effective date
This Act, and the amendments made by this Act, shall take effect on the date that is the first day of the first month that begins after the date of enactment of this Act.