Save Local Business Act
This bill provides that a person may be considered a joint employer of the employees of another employer under federal labor law only if such person directly, actually, and immediately 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, or tasks; or administering employee discipline.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4366 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4366
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2025
Mr. Comer introduced the following bill; which was referred to the
Committee on Education and Workforce
_______________________________________________________________________
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.
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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Workforce.
Committee Consideration and Mark-up Session Held
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 20 - 16.
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-422.
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-422.
Placed on the Union Calendar, Calendar No. 368.
Rules Committee Resolution H. Res. 988 Reported to House. Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
Rule H. Res. 988 passed House.
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