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H.R. 3459, Protecting Local Business Opportunity Act 1 (November 12, 2015)

handle is hein.congrec/cbo2652 and id is 1 raw text is: 




                 CONGRESSIONAL BUDGET OFFICE
                            COST ESTIMATE

                                                              November  12, 2015



                                 H.R.   3459
                Protecting  Local  Business  Opportunity   Act

     As ordered reported by the House Committee on Education and the Workforce
                               on October 28, 2015


H.R. 3459 would amend the National Labor Relations Act (NLRA) to define joint
employer to mean two or more employers who each share actual, direct, and immediate
control over the terms and conditions of employment. In a recent ruling by the National
Labor Relations Board, the Board concluded a joint employer relationship could be
established when an employer exercises control over employment matters indirectly or
such control is reserved to an employer by contract. In that ruling, the Board found that a
company  that had contracted with a staffing agency was a joint employer of the contract
employees because the company had reserved the right to control some of the terms and
conditions of their employment in its contract with the staffing agency. The bill would
make it less likely that companies with similar contracting arrangements would be
considered joint employers under the NLRA and, therefore, less likely such companies
would be subject to collective bargaining and provisions related to unfair labor practices.

Implementing the bill would not affect the operations of federal and state agencies because
the NLRA  excludes federal governmental entities as well as states and political
subdivisions of states from the definition of employer under the act.

Enacting H.R. 3459 would not affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply. CBO estimates that enacting H.R. 3459 would not increase net
direct spending or on-budget deficits in any of the four consecutive 10-year periods
beginning in 2026.

H.R. 3459 contains no intergovernmental or private-sector mandates as defined in the
Unfunded Mandates  Reform Act and would not affect the budgets of state, local, or tribal
governments.

The CBO  staff contact for this estimate is Christina Hawley Anthony. The estimate was
approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis.

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