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 fol-
lowing 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 in-
serting ‘‘(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 employ-
ment of the employees of the other employer, such as hir-
ing such employees, discharging such employees, deter-
mining the rate of pay and benefits of such employees, 
supervising such employees on a day-to-day basis, assign-
ing 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 in-
serting ‘‘(1) ‘Employer’ includes’’; and 
(2) by adding at the end the following: 
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‘‘(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 deter-
mining 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.’’. 
Æ 
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