the penalties described in such paragraphs shall 
apply. 
‘‘(3) PAYMENT
OF
PENALTIES.—Any penalty 
assessed under paragraph (1) for a violation of para-
graph (6) or (7) of section 8(a) shall be paid from 
an account of the person in such violation and not 
paid, or reimbursed, by any insurance plan that 
would indemnify the person from violations of such 
paragraph (6) or (7), respectively. If a person re-
ceives a payment from an insurance plan to indem-
nify the person from a violation of such paragraph, 
the person shall transfer the payment to the Board, 
in addition to the amount to be paid from the ac-
count of the person for the penalty.’’. 
(4) PROTECTION
FROM
RETALIATION
FOR 
BEING AN EMPLOYEE.—Section 8(a)(4) of the Na-
tional Labor Relations Act (29 U.S.C. 158(a)(4)) is 
amended— 
(A) by striking ‘‘employee because he has 
filed’’ and inserting ‘‘employee because— 
‘‘(A) such employee has filed;’’; 
(B) by striking ‘‘Act;’’ and inserting ‘‘Act; 
or’’; and 
(C) by adding at the end the following: 
‘‘(B) such employee— 
VerDate Sep 11 2014 
21:44 Oct 20, 2020
Jkt 019200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H8375.IH
H8375
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(i) is required, pursuant to the en-
actment of the Worker Flexibility and 
Small Business Protection Act of 2020, to 
be classified as an employee of the em-
ployer for purposes of this Act and not an 
independent contractor; and 
‘‘(ii) was classified by the employer as 
an independent contractor prior to the date 
of enactment of the Worker Flexibility and 
Small Business Protection Act of 2020;’’. 
(5) PRESUMPTION OF RETALIATION.—Section 8 
of the National Labor Relations Act (29 U.S.C. 
158) is amended by adding at the end the following: 
‘‘(h) PRESUMPTION OF RETALIATION.—Any action 
taken against an employee within 90 days of the employee 
taking any action described in subsection (a)(4)(A), in-
cluding taking any such action with respect to exercising 
the right of the employee pursuant to subsection (a)(6) 
to not be misclassified, shall establish a rebuttable pre-
sumption that the action is discrimination against the em-
ployee in violation of subsection (a)(4).’’. 
(6) 
STATUTORY
EMPLOYERS
IN
HEAVILY 
MISCLASSIFIED INDUSTRIES.— 
VerDate Sep 11 2014 
21:44 Oct 20, 2020
Jkt 019200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H8375.IH
H8375
pamtmann on DSKBC07HB2PROD with BILLS
(A) DEFINITION OF EMPLOYER.—Section 
2(2) of the National Labor Relations Act (29 
U.S.C. 152(2)) is amended to read as follows: 
‘‘(2) EMPLOYER.— 
‘‘(A) IN
GENERAL.—The term ‘employer’ in-
cludes any person acting as an agent of an employer, 
directly or indirectly, but shall not include the 
United States or any wholly owned Government cor-
poration, or any Federal Reserve Bank, or any State 
or political subdivision thereof, or any person subject 
to the Railway Labor Act, as amended from time to 
time, or any labor organization (other than when 
acting as an employer), or anyone acting in the ca-
pacity of officer or agent of such labor organization. 
‘‘(B) STATUTORY EMPLOYERS IN CERTAIN IN-
DUSTRIES.—The term ‘employer’ shall include any 
person (except a person described as excluded from 
the term under subparagraph (A)), with respect to 
an individual described in paragraph (3)(E) per-
forming labor that is beneficial to the person, that 
is engaged in any of the following work: 
‘‘(i) Transportation, including any person 
that benefits from labor performed by individ-
uals in the form of transportation in a motor-
ized or unmotorized vehicle, by foot, or by any 
VerDate Sep 11 2014 
21:44 Oct 20, 2020
Jkt 019200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H8375.IH
H8375
pamtmann on DSKBC07HB2PROD with BILLS
other means, including transportation network 
companies, technology platform companies, pas-
senger transportation or food transportation 
companies, and cargo transportation companies. 
‘‘(ii) Network dispatching, including any 
person that uses a digital network to connect 
individuals or entities seeking services or labor 
with individuals or entities seeking to provide 
services or labor, but not including any person 
who owns, controls or manages— 
‘‘(I) a completely neutral physical or 
internet marketplace where the procure-
ment of goods or services takes place be-
tween individuals who are completely inde-
pendent from and free from any and all di-
rection or control by the person owning, 
controlling, or managing the neutral mar-
ketplace, including such person having ab-
solutely no role in the setting of prices or 
rates, in the assignment or referral of re-
quests for goods or services to individuals 
who could potentially provide such goods 
or services, and in the acceptance or rejec-
tion of any requests for goods or services; 
and 
VerDate Sep 11 2014 
21:44 Oct 20, 2020
Jkt 019200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H8375.IH
H8375
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(II) a labor organization hiring 
hall.’’. 
(B) DEFINITION OF EMPLOYEE.—Section 
2(3) of the National Labor Relations Act (29 
U.S.C. 152(3)), as amended by paragraph (2), 
is further amended by adding at the end the 
following: 
‘‘(E) Notwithstanding subparagraphs (A) (except the 
second sentence of such subparagraph) and (B) of this 
paragraph or paragraph (2) (other than subparagraph (B) 
of such paragraph), and except as provided in the second 
sentence of such subparagraph (A), the term ‘employee’, 
with respect to an employer described in paragraph 
(2)(B), shall include any individual performing labor that 
is beneficial to the employer, including— 
‘‘(i) with respect to transportation described in 
clause (i) of such paragraph, any individual who per-
forms any portion of the labor included under such 
clause, including individuals who perform labor in 
the form of engaging in transportation beneficial to 
transportation network companies, technology plat-
form companies, passenger transportation or food 
transportation companies, or cargo transportation 
companies; and 
VerDate Sep 11 2014 
21:44 Oct 20, 2020
Jkt 019200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H8375.IH
H8375
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(ii) with respect to network dispatching de-
scribed in clause (ii) of such paragraph, any indi-
vidual who performs any portion of the labor in-
cluded under such clause, including providing the 
services or labor described in such clause to the indi-
viduals or entities seeking such services or labor.’’. 
(7) 
MISCLASSIFICATION
ENFORCEMENT 
THROUGH
RECLASSIFICATION
ORDERS
AND
STOP 
WORK ORDERS.— 
(A) IN GENERAL.—Section 10 of the Na-
tional Labor Relations Act (29 U.S.C. 160) is 
amended by adding at the end the following: 
‘‘(n) MISCLASSIFICATION ENFORCEMENT THROUGH 
RECLASSIFICATION ORDERS.— 
‘‘(1) IN GENERAL.—If a regional director, after 
an investigation under section 11, has reasonable 
cause to believe that an employer has misclassified 
1 or more individuals who are employees of the em-
ployer as not employees in violation of section 
8(a)(6) and that, regardless of whether a charge has 
been or will be filed, if charged a complaint would 
issue— 
‘‘(A) the regional director shall issue, not 
later than 24 hours after making such deter-
mination, an order against the employer requir-
VerDate Sep 11 2014 
21:44 Oct 20, 2020
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H8375.IH
H8375
pamtmann on DSKBC07HB2PROD with BILLS