Bills Sec. 205 — Licensors

1938 Section 3(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(d) ), as amended by section 204(a)(1), is further amended by adding at the end the following: An entity licensing its brand, name, or other likeness to an employer, or other entity responsible for the rights and protections of this Act with regard to the employees of such employer, for consideration shall also be responsible for the rights and protections of this Act with regard to the employees of such employer. .

Section 16 of the Fair Labor Standards Act of 1938, as amended by section 203(a)(2), is further amended by adding at the end the following: An employer or other entity that is found to be in violation of this Act shall have the right to indemnification as described in paragraph

(2)from an entity licensing its brand, name, or other likeness to the employer or other entity, in any case where the violation was— at the behest of the licensor; at the direction of the licensor; pursuant to any policies, agreements, or contractual obligations emanating from the licensor; or due to other direct or indirect control or pressure from the licensor. Indemnification under paragraph (1)— may be sought by a licensee in any court of competent jurisdiction; and shall include a full recovery from the licensor of all compensatory and punitive damages, civil monetary penalties, attorney’s fees, or other amounts required to be paid by the licensee as a result of the violation of this Act. A licensor shall not require or otherwise request a licensee to waive the licensee's right to indemnification under this subsection. If a licensor violates subparagraph (A)— any indemnification waiver shall be null and void; and the licensor shall be subject to a civil penalty of $100,000. A licensor shall not end the license agreement with, take adverse action in relation to, or otherwise discriminate against, a licensee for pursuing indemnification under this subsection. A licensor who violates subparagraph

(A)shall be subject to a civil penalty of $100,000. . Section 2(2) of the National Labor Relations Act ( 29 U.S.C. 152(2) ), as amended by section 204(a)(2), is further amended by adding at the end the following: An entity licensing its brand, name, or other likeness to an employer, or other entity responsible for the rights and protections of this Act with regard to the employees of such employer, for consideration shall also be responsible for the rights and protections of this Act with regard to the employees of such employer. . Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 ), as amended by section 203(b)(2), is further amended by adding at the end the following: An employer or other entity that is found to be in violation of this Act shall have the right to indemnification as described in paragraph

(2)from an entity licensing its brand, name, or other likeness to the employer or other entity, in any case where the violation was— at the behest of the licensor; at the direction of the licensor; pursuant to any policies, agreements, or contractual obligations emanating from the licensor; or due to other direct or indirect control or pressure from the licensor. Indemnification under paragraph (1)— may be sought by a licensee in any court of competent jurisdiction; and shall include a full recovery from the licensor of all compensatory and punitive damages, civil monetary penalties, attorney’s fees, or other amounts required to be paid by the licensee as a result of the violation of this Act. A licensor shall not require or otherwise request a licensee to waive the licensee's right to indemnification under this subsection. If a licensor violates subparagraph (A)— any indemnification waiver shall be null and void; and the licensor shall be subject to a civil penalty of $100,000. A licensor shall not end the license agreement with, take adverse action in relation to, or otherwise discriminate against, a licensee for pursuing indemnification under this subsection. A licensor who violates subparagraph

(A)shall be subject to a civil penalty of $100,000. . 1970 Section 3(5) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652(5) ), as amended by section 204(a)(3), is further amended by adding at the end the following: An entity licensing its brand, name, or other likeness to an employer, or other entity responsible for the rights and protections of this Act with regard to the employees of an employer, or other entity responsible for the rights and protections of this Act with regard to the employees of such employer, for consideration shall also be responsible for the rights and protections of this Act with regard to the employees of such employer. . Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ), as amended by section 203(c)(2), is further amended by adding at the end the following: An employer or other entity that is found to be in violation of this Act shall have the right to indemnification as described in paragraph

(2)from an entity licensing its brand, name, or other likeness to the employer or other entity, in any case where the violation was— at the behest of the licensor; at the direction of the licensor; pursuant to any policies, agreements, or contractual obligations emanating from the licensor; or due to other direct or indirect control or pressure from the licensor. Indemnification under paragraph (1)— may be sought by a licensee in any court of competent jurisdiction; and shall include a full recovery from the licensor of all compensatory and punitive damages, civil monetary penalties, attorney’s fees, or other amounts required to be paid by the licensee as a result of the violation of this Act. A licensor shall not require or otherwise request a licensee to waive the licensee's right to indemnification under this subsection. If a licensor violates subparagraph (A)— any indemnification waiver shall be null and void; and the licensor shall be subject to a civil penalty of $100,000. A licensor shall not end the license agreement with, take adverse action in relation to, or otherwise discriminate against, a licensee for pursuing indemnification under this subsection. A licensor who violates subparagraph

(A)shall be subject to a civil penalty of $100,000. . 1977 Section 4B of the Federal Mine Safety and Health Act of 1977, as amended by section 204(a)(4), is further amended by adding at the end the following: An entity licensing its brand, name, or other likeness to an operator of a coal or other mine, or other entity responsible for the rights and protections of this Act with regard to the miners employed by such operator, for consideration shall also be responsible for the rights and protections of this Act with regard to the miners employed by such operator. . Section 118 of the Federal Mine Safety and Health Act of 1977, as amended by section 203(d)(2), is further amended by adding at the end the following: An operator or other entity that is found to be in violation of this Act shall have the right to indemnification as described in paragraph

(2)from an entity licensing its brand, name, or other likeness to the operator or other entity, in any case where the violation was— at the behest of the licensor; at the direction of the licensor; pursuant to any policies, agreements, or contractual obligations emanating from the licensor; or due to other direct or indirect control or pressure from the licensor. Indemnification under paragraph (1)— may be sought by a licensee in any court of competent jurisdiction; and shall include a full recovery from the licensor of all compensatory and punitive damages, civil monetary penalties, attorney’s fees, or other amounts required to be paid by the licensee as a result of the violation of this Act. A licensor shall not require or otherwise request a licensee to waive the licensee's right to indemnification under this subsection. If a licensor violates subparagraph (A)— any indemnification waiver shall be null and void; and the licensor shall be subject to a civil penalty of $100,000. A licensor shall not end the license agreement with, take adverse action in relation to, or otherwise discriminate against, a licensee for pursuing indemnification under this subsection. A licensor who violates subparagraph

(A)shall be subject to a civil penalty of $100,000. . Section 5(c) of the Migrant and Seasonal Agricultural Worker Protection Act, as amended by section 204(a)(5), is further amended by adding at the end the following: An entity licensing its brand, name, or other likeness to a farm labor contractor, agricultural employer, or agricultural association, or other entity responsible for the rights and protections of this Act with regard to the migrant agricultural workers or seasonal agricultural workers of the farm labor contractor, agricultural employer, or agricultural association, for consideration shall also be responsible for the rights and protections of this Act with regard to such migrant agricultural workers and seasonal agricultural workers. . Section 505 of the Migrant and Seasonal Agricultural Worker Protection Act, as amended by section 203(e)(2), is further amended by adding at the end the following: A farm labor contractor, agricultural employer, agricultural association, or other entity that is found to be in violation of this Act shall have the right to indemnification as described in paragraph

(2)from an entity licensing its brand, name, or other likeness to the farm labor contractor, agricultural employer, agricultural association, or other entity, in any case where the violation was— at the behest of the licensor; at the direction of the licensor; pursuant to any policies, agreements, or contractual obligations emanating from the licensor; or due to other direct or indirect control or pressure from the licensor. Indemnification under paragraph (1)— may be sought by a licensee in any court of competent jurisdiction; and shall include a full recovery from the licensor of all compensatory and punitive damages, civil monetary penalties, attorney’s fees, or other amounts required to be paid by the licensee as a result of the violation of this Act. A licensor shall not require or otherwise request a licensee to waive the licensee's right to indemnification under this subsection. If a licensor violates subparagraph (A)— any indemnification waiver shall be null and void; and the licensor shall be subject to a civil penalty of $100,000. A licensor shall not end the license agreement with, take adverse action in relation to, or otherwise discriminate against, a licensee for pursuing indemnification under this subsection. A licensor who violates subparagraph

(A)shall be subject to a civil penalty of $100,000. . Section 3144b of title 40, United States Code, as amended by section 204(a)(6), is further amended by adding at the end the following: An entity licensing its brand, name, or other likeness to a contractor or subcontractor, or other entity responsible for the rights and protections of this subchapter with regard to the laborers or mechanics of such contractor or subcontractor, for consideration shall also be responsible for the rights and protections of this subchapter with regard to such laborers or mechanics. . Section 3144c of title 40, United States Code, as amended by section 203(f)(2), is further amended by adding at the end the following: A contractor, subcontractor, or other entity that is found to be in violation of this subchapter shall have the right to indemnification as described in paragraph

(2)from an entity licensing its brand, name, or other likeness to the employer or other entity, in any case where the violation was— at the behest of the licensor; at the direction of the licensor; pursuant to any policies, agreements, or contractual obligations emanating from the licensor; or due to other direct or indirect control or pressure from the licensor. Indemnification under paragraph (1)— may be sought by a licensee in any court of competent jurisdiction; and shall include a full recovery from the licensor of all compensatory and punitive damages, civil monetary penalties, attorney’s fees, or other amounts required to be paid by the licensee as a result of the violation of this subchapter. A licensor shall not require or otherwise request a licensee to waive the licensee's right to indemnification under this subsection. If a licensor violates subparagraph (A)— any indemnification waiver shall be null and void; and the licensor shall be subject to a civil penalty of $100,000. A licensor shall not end the license agreement with, take adverse action in relation to, or otherwise discriminate against, a licensee for pursuing indemnification under this subsection. A licensor who violates subparagraph

(A)shall be subject to a civil penalty of $100,000. . Section 6701a of title 41, United States Code, as amended by section 204(a)(7), is further amended by adding at the end the following: An entity licensing its brand, name, or other likeness to a contractor, or other entity responsible for the rights and protections of this chapter with regard to the service employees of such contractor, for consideration shall also be responsible for the rights and protections of this chapter with regard to such service employees. . Section 6707 of title 41, United States Code, as amended by section 203(g)(2), is further amended by adding at the end the following: A contractor, subcontractor, or other entity that is found to be in violation of this chapter shall have the right to indemnification as described in paragraph

(2)from an entity licensing its brand, name, or other likeness to the employer or other entity, in any case where the violation was— at the behest of the licensor; at the direction of the licensor; pursuant to any policies, agreements, or contractual obligations emanating from the licensor; or due to other direct or indirect control or pressure from the licensor. Indemnification under paragraph (1)— may be sought by a licensee in any court of competent jurisdiction; and shall include a full recovery from the licensor of all compensatory and punitive damages, civil monetary penalties, attorney’s fees, or other amounts required to be paid by the licensee as a result of the violation of this chapter. A licensor shall not require or otherwise request a licensee to waive the licensee's right to indemnification under this subsection. If a licensor violates subparagraph (A)— any indemnification waiver shall be null and void; and the licensor shall be subject to a civil penalty of $100,000. A licensor shall not end the license agreement with, take adverse action in relation to, or otherwise discriminate against, a licensee for pursuing indemnification under this subsection. A licensor who violates subparagraph

(A)shall be subject to a civil penalty of $100,000. . Section 6501b of title 41, United States Code, as amended by section 204(a)(8), is further amended by adding at the end the following: An entity licensing its brand, name, or other likeness to a contractor, or other entity responsible for the rights and protections of this chapter with regard to individuals employed in the manufacture or furnishing of materials, supplies, articles, or equipment under a contract to which this chapter applies by such contractor, for consideration shall also be responsible for the rights and protections of this chapter with regard to such individuals. . Section 6506b of title 41, United States Code, as amended by section 203(h)(2), is further amended by adding at the end the following: A contractor, subcontractor, or other entity that is found to be in violation of this chapter shall have the right to indemnification as described in paragraph

(2)from an entity licensing its brand, name, or other likeness to the employer or other entity, in any case where the violation was— at the behest of the licensor; at the direction of the licensor; pursuant to any policies, agreements, or contractual obligations emanating from the licensor; or due to other direct or indirect control or pressure from the licensor. Indemnification under paragraph (1)— may be sought by a licensee in any court of competent jurisdiction; and shall include a full recovery from the licensor of all compensatory and punitive damages, civil monetary penalties, attorney’s fees, or other amounts required to be paid by the licensee as a result of the violation of this chapter. A licensor shall not require or otherwise request a licensee to waive the licensee's right to indemnification under this subsection. If a licensor violates subparagraph (A)— any indemnification waiver shall be null and void; and the licensor shall be subject to a civil penalty of $100,000. A licensor shall not end the license agreement with, take adverse action in relation to, or otherwise discriminate against, a licensee for pursuing indemnification under this subsection. A licensor who violates subparagraph

(A)shall be subject to a civil penalty of $100,000. . 1993 Section 101(4) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ), as amended by section 204(a)(9), is further amended by adding at the end the following: An entity licensing its brand, name, or other likeness to an employer for consideration shall also be responsible for the rights and protections of this Act with regard to the employees of such employer. . Section 107 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2617 ), as amended by section 203(i)(2), by inserting after subsection

(g)the following: An employer or other entity that is found to be in violation of this Act shall have the right to indemnification as described in paragraph

(2)from an entity licensing its brand, name, or other likeness to the employer or other entity, in any case where the violation was— at the behest of the licensor; at the direction of the licensor; pursuant to any policies, agreements, or contractual obligations emanating from the licensor; or due to other direct or indirect control or pressure from the licensor. Indemnification under paragraph (1)— may be sought by a licensee in any court of competent jurisdiction; and shall include a full recovery from the licensor of all compensatory and punitive damages, civil monetary penalties, attorney’s fees, or other amounts required to be paid by the licensee as a result of the violation of this Act. A licensor shall not require or otherwise request a licensee to waive the licensee's right to indemnification under this subsection. If a licensor violates subparagraph (A)— any indemnification waiver shall be null and void; and the licensor shall be subject to a civil penalty of $100,000. A licensor shall not end the license agreement with, take adverse action in relation to, or otherwise discriminate against, a licensee for pursuing indemnification under this subsection. A licensor who violates subparagraph

(A)shall be subject to a civil penalty of $100,000. . Section 3306(w) of the Internal Revenue Code of 1986, as amended by section 204(a)(10), is amended by adding at the end the following new paragraphs: Paragraph

(9)of section 3(d) of such Act. Subsection

(j)of section 16 of such Act. . The amendment made by paragraph

(1)shall apply to services rendered on or after January 1, 2022.

Sec. 205. Licensors