Save Local Business Act
Officially: “Save Local Business Act” Read the full text
What it does
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1Short title
This section states that the Act may be called the 'Save Local Business Act.'
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1. Short title This Act may be cited as the Save Local Business Act .
2Clarification of joint employment
This section would change how the law decides when one employer counts as a 'joint employer' of another employer's workers. Under the National Labor Relations Act, an employer could be treated as a joint employer of another employer's employees only if each employer (both the direct employer and the other employer) directly, actually, and immediately exercises significant control over the essential terms and conditions of those employees' work, such as hiring them, firing them, setting their pay or benefits, supervising them day to day, assigning their work schedule, position, or tasks, or disciplining them. Under the Fair Labor Standards Act of 1938, an employer could be treated as a joint employer of another employer's employees for purposes of that Act only if both employers meet that same standard, except that the terms 'employee' and 'employer' used in the standard would carry the meanings given to them under the Fair Labor Standards Act rather than under the National Labor Relations Act when joint-employer status is being decided under the Fair Labor Standards Act.
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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. .
Where it is
In the House.