July 14, 2025
Mr. Comer introduced the following bill; which was referred to the Committee on Education and Workforce
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.
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
and inserting employer
(A) The term
; andemployer
(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 employment 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 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
and inserting Employer
includes(1)
; andEmployer
includes
(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
employeeandemployerreferenced in such section shall have the meanings given such terms in this section.