Protecting Workers’ Freedom to Organize Act

Bill: 116-s-664
Sponsor: full_name: Sen. Brown, Sherrod [D-OH]
Introduced: 2019-03-05
Policy area: Labor and Employment
Subjects: Contracts and agency

Labor-management relations

Self-employed
Latest action: action_date: 2019-03-05
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2019-03-05
action_desc: Introduced in Senate
text: <p><strong>Protecting Workers' Freedom to Organize Act</strong></p> <p>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.</p>

tv_txt: II 116th CONGRESS 1st Session S. 664 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.

1. Short title This Act may be cited as the Protecting Workers’ Freedom to Organize Act . 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, .