Title: Protecting Workers’ Freedom to Organize Act
Policy area: Labor and Employment

Summary:
Protecting Workers' Freedom to Organize Act
This bill amends the National Labor Relations Act to modify the definitions of "employee" and "supervisor" under that Act to prevent the misclassification of employees as independent contractors in order to deny them collective bargaining rights. An individual performing any services is deemed to be an employee and not an independent contractor unless such individual is free from control and direction in the performance of such services, the services are performed outside the usual course of the employer's business, and the individual is customarily engaged in an independently established business.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 664 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 664

 To amend the National Labor Relations Act to clarify the requirements 
  for meeting the definition of the term ``employee'', and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2019

 Mr. Brown (for himself, Mr. Booker, Mrs. Gillibrand, Ms. Smith, Mrs. 
    Murray, Mr. Merkley, Ms. Baldwin, Mr. Sanders, and Mr. Durbin) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the National Labor Relations Act to clarify the requirements 
  for meeting the definition of the term ``employee'', and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Workers' Freedom to 
Organize Act''.

SEC. 2. DEFINITIONS UNDER THE NATIONAL LABOR RELATIONS ACT.

    Section 2 of the National Labor Relations Act (29 U.S.C. 152) is 
amended--
            (1) in paragraph (3), by adding at the end the following: 
        ``An individual performing any service shall be considered an 
        employee (except as provided in the previous sentence) and not 
        an independent contractor for purposes of this Act, unless--
                    ``(A) the individual is free from control and 
                direction in connection with the performance of the 
                service, both under the contract for the performance of 
                the service and in fact;
                    ``(B) the service is performed outside the usual 
                course of the business of the employer; and
                    ``(C) the individual is customarily engaged in an 
                independently established trade, occupation, 
                profession, or business of the same nature as that 
                involved in the service performed.''; and
            (2) in paragraph (11)--
                    (A) by inserting ``and for a majority of the 
                individual's work time'' after ``interest of the 
                employer'';
                    (B) by striking ``assign,''; and
                    (C) by striking ``or responsibly to direct them,''.
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