Save Local Business Act
This bill provides that a person may be considered a joint employer in relation to an employee under federal labor law 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. Such control may by demonstrated by hiring and 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.
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.

    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) 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.''.
    (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) 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.
                                                       Calendar No. 245

117th CONGRESS

  2d Session

                                S. 3465

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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.
Save Local Business Act
Sen. Marshall, Roger