H.R. 3441 — Introduced in House

I 115th CONGRESS 1st Session H. R. 3441 IN THE HOUSE OF REPRESENTATIVES July 27, 2017Mr. 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. 1. Short title This Act may be cited as the Save Local Business Act. 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)). .