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H. Rept. 115-379 1 (2017-11-01)

handle is hein.congrecreports/crptxaata0001 and id is 1 raw text is: AUTHENTICATEO
U.S. GOVERNMENT
INFORMATION
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                     115TH CONGRESS                                           REPORT
                        1st Session     HOUSE OF REPRESENTATIVES              115-379







                                       SAVE LOCAL BUSINESS ACT



                     NOVEMBER 1, 2017.-Committed to the Committee of the Whole House on the State
                                        of the Union and ordered to be printed



                       Ms. Foxx, from the Committee on Education and the Workforce,
                                           submitted the following


                                               REPORT

                                                 together with

                                              MINORITY VIEWS

                                              [To accompany H.R. 3441]

                               [Including cost estimate of the Congressional Budget Office]

                       The Committee on Education and the Workforce, to whom was
                     referred the bill (H.R. 3441) to clarify the treatment of two or more
                     employers as joint employers under the National Labor Relations
                     Act and the Fair Labor Standards Act of 1938, having considered
                     the same, report favorably thereon with an amendment and rec-
                     ommend that the bill as amended do pass.
                       The amendment is as follows:
                       Strike all after the enacting clause and insert the following:

                     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 Rela-
                     tions Act (29 U.S.C. 152(2)) is amended-
                          (1) by striking The term 'employer' and inserting (A) The term 'employer';
                        and
                          (2) by adding at the end the following:
                       (B) A person may be considered a joint employer in relation to an employee only
                     if such person directly, actually, and immediately, and not in a limited and routine
                     manner, exercises significant control over essential terms and conditions of employ-
                     ment, such as hiring employees, discharging employees, determining individual em-
                     ployee rates of pay and benefits, day-to-day supervision of employees, assigning indi-
                     vidual work schedules, positions, and tasks, or administering employee discipline..
                       (b) FAIR LABOR STANDARDS ACT OF 1938.-Section 3(d) of the Fair Labor Stand-
                     ards Act of 1938 (29 U.S.C. 203(d)) is amended-
                        79-006

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