I 
118TH CONGRESS 
1ST SESSION H. R. 2826 
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 
APRIL 25, 2023 
Mr. COMER (for himself, Ms. FOXX, Mr. THOMPSON of Pennsylvania, Mr. 
CARTER of Georgia, Mrs. MILLER of Illinois, Mr. DONALDS, Mr. JOHN-
SON of Ohio, Ms. LETLOW, Mr. LATURNER, Mr. ELLZEY, Mr. WALBERG, 
Mr. MOOLENAAR, Ms. STEFANIK, Mr. ALLEN, Mr. FULCHER, Mr. BABIN, 
Mr. PERRY, Mr. DUNCAN, Mr. BOST, Mr. LANGWORTHY, Ms. MACE, Mr. 
OWENS, Mr. COLLINS, Mr. WEBER of Texas, Mr. EDWARDS, Mrs. 
STEEL, Ms. LEE of Florida, Mr. MANN, Mr. TIMMONS, Mr. SMUCKER, 
Mrs. BOEBERT, Mrs. CAMMACK, Mr. HIGGINS of Louisiana, Ms. GREENE 
of Georgia, Mrs. MILLER-MEEKS, Mr. CRAWFORD, Mr. HERN, Mr. 
BURCHETT, Mr. ROSE, Mr. GUTHRIE, Mr. FITZGERALD, Mr. KUSTOFF, 
Mr. BARR, Mr. JOYCE of Ohio, Ms. TENNEY, Mr. NORMAN, Mr. EZELL, 
Mr. GOOD of Virginia, Mr. KELLY of Mississippi, Mr. DUNN of Florida, 
Mr. BANKS, Mr. C. SCOTT FRANKLIN of Florida, Mr. BURLISON, Mr. 
MORAN, Mr. CRENSHAW, Mrs. HINSON, Mr. WILSON of South Carolina, 
Mr. AUSTIN SCOTT of Georgia, Mr. BURGESS, Mr. GOODEN of Texas, 
Mrs. HOUCHIN, and Mr. GUEST) introduced the following bill; which was 
referred to the Committee on Education and the 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 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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