IB 
Union Calendar No. 368 
119TH CONGRESS 
1ST SESSION H. R. 4366 
[Report No. 119–422] 
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 
JULY 14, 2025 
Mr. COMER introduced the following bill; which was referred to the Committee 
on Education and Workforce 
DECEMBER 30, 2025 
Additional sponsors: Mr. HERN of Oklahoma and Mr. ONDER 
DECEMBER 30, 2025 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 14, 2025] 
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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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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
AMEND-
MENTS.—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 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 em-
ployees a work schedule, position, or task, or disciplining 
such employees.’’. 
(b) FAIR LABOR STANDARDS ACT OF 1938 AMEND-
MENTS.—Section 3(d) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(d)) is amended— 
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(1) by striking ‘‘ ‘Employer’ includes’’ and in-
serting ‘‘(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.’’. 
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Union Calendar No. 368 
119TH CONGRESS 
1ST SESSION 
H. R. 4366 
[Report No. 119–422] 
A BILL 
To clarify the treatment of 2 or more employers as 
joint employers under the National Labor Rela-
tions Act and the Fair Labor Standards Act of 
1938. 
DECEMBER 30, 2025 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
20:59 Dec 30, 2025
Jkt 069200
PO 00000
Frm 00006
Fmt 6651
Sfmt 6651
E:\BILLS\H4366.RH
H4366
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