I 

117TH CONGRESS 

1ST SESSION H. R. 3185 

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 

MAY 13, 2021 

Mr. COMER (for himself, Ms. FOXX, Mr. THOMPSON of Pennsylvania, Mr. 

CHABOT, Mr. DUNCAN, Mr. JOHNSON of Ohio, Mr. SESSIONS, Ms. 

TENNEY, Mr. ROGERS of Alabama, Mr. HICE of Georgia, Mr. WILSON

of South Carolina, Mr. CARTER of Georgia, Ms. HERRELL, Mr. MANN, 

Mrs. MILLER-MEEKS, Mr. LUETKEMEYER, Mr. BIGGS, Mrs. WALORSKI, 

Mr. WEBER of Texas, Ms. STEFANIK, Mr. GROTHMAN, Mr. VALADAO, 

Mr. PALMER, Mr. GOOD of Virginia, Mr. CAWTHORN, Mr. WALBERG, Mr. 

GUTHRIE, Mr. LATURNER, Mr. MOOLENAAR, Mr. PERRY, Mr. LONG, Mr. 

BURGESS, Mr. WOMACK, Mr. KELLY of Mississippi, Mrs. LESKO, Mr. 

NORMAN, Mr. MAST, Mr. BOST, Mr. GIBBS, Mr. FITZGERALD, Mr. 

DONALDS, Mr. MURPHY of North Carolina, Mr. DAVIDSON, Mr. BANKS, 

Mr. ROSE, Mrs. RODGERS of Washington, Mr. BUDD, Mr. C. SCOTT

FRANKLIN of Florida, Ms. LETLOW, Mrs. WAGNER, Mr. FULCHER, Mr. 

ROY, Mr. ISSA, Mr. HAGEDORN, and Mr. OWENS) introduced the following bill; which was referred to the Committee on Education and Labor 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Save Local Business 

3 Act’’. 

4 SEC. 2. CLARIFICATION OF JOINT EMPLOYMENT. 

5 (a) NATIONAL LABOR RELATIONS ACT.—Section 

6 2(2) of the National Labor Relations Act (29 U.S.C. 

7 152(2)) is amended— 

8 (1) by striking ‘‘The term ‘employer’ ’’ and in9 serting ‘‘(A) The term ‘employer’ ’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(B) An employer may be considered a joint employer 

12 of the employees of another employer only if each employer 

13 directly, actually, and immediately, exercises significant 

14 control over the essential terms and conditions of employ15 ment of the employees of the other employer, such as hir16 ing such employees, discharging such employees, deter17 mining the rate of pay and benefits of such employees, 

18 supervising such employees on a day-to-day basis, assign19 ing such employees a work schedule, position, or task, or 

20 disciplining such employees.’’. 

21 (b) FAIR LABOR STANDARDS ACT OF 1938.—Section 

22 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 

23 203(d)) is amended— 

24 (1) by striking ‘‘ ‘Employer’ includes’’ and in25 serting ‘‘(1) ‘Employer’ includes’’; and 

26 (2) by adding at the end the following: 


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1 ‘‘(2) An employer may be considered a joint employer 

2 of the employees of another employer for purposes of this 

3 Act only if each employer meets the criteria set forth in 

4 section 2(2)(B) of the National Labor Relations Act (29 

5 U.S.C. 152(2)(B)) except that, for purposes of deter6 mining joint-employer status under this Act, the terms 

7 ‘employee’ and ‘employer’ referenced in such section shall 

8 have the meanings given such terms in this section.’’. 

Æ 


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