Sec. 2. Definitions
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In this Act: The term affected employee means an employee who may reasonably be expected to experience a change in employment position or an employment loss as a consequence of the use of technology by the employer of the employee. The term change in employment position means a material change— in pay or benefits, working conditions, or schedule of an employee; or that results in an unreasonable commute for the employee. The term committee of employees means a committee of nonsupervisory, nonmanagerial employees of an employer.
The term employee means any individual who provides labor or services for remuneration by an employer, unless the employer demonstrates that all of the following conditions are satisfied: The individual is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. The individual performs work that is outside the usual course of the hiring entity’s business. The individual is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
The term employer means any business enterprise, including the nominal employer and any entity that is a parent of, or is integrated with, the business enterprise, that— is engaged in interstate commerce or in the production of goods or services for interstate commerce; and employs not less than 25 employees, including part-time employees. Two or more business enterprises shall each be considered an employer with respect to an employee, if each such business enterprise codetermines or shares control over the employee’s essential terms and conditions of employment.
In determining whether multiple business enterprises are employers of an employee— it shall be relevant to consider whether each enterprise has— direct control and indirect control over the terms and conditions of the employee; reserved authority to control such terms and conditions; and control over such terms and conditions exercised by a person in fact; and the existence of indirect control or reserved authority alone by a business enterprise may be sufficient to establish the employer relationship, given specific facts and circumstances.
For the purposes of this paragraph: The term integrated , when used with respect to a business enterprise, means a business enterprise whose relationship with another business enterprise includes— common ownership; common directors or officers; de facto exercise of control; unity of personnel policies emanating from a common source; or dependency of operations. The term parent means a business enterprise that participates directly or indirectly in making decisions that affect employees of another business enterprise.
The term employment loss means— an employment termination, other than a discharge for cause, voluntary departure, or retirement; or a reduction in hours of work of more than 50 percent during each month of any 6-month period. The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ).
The term registered apprenticeship means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). The term representative means an exclusive representative of employees within the meaning of section 9(a) or 8(f) of the National Labor Relations Act ( 29 U.S.C. 159(a) , 158(f)) or section 2 of the Railway Labor Act ( 45 U.S.C. 152 ). The term technology means a computerized process used to create value at a business enterprise, including automation, artificial intelligence, robotics, personal computing, information technology, and e-commerce.
The Secretary of Labor, in consultation with the Secretary of Commerce, shall promulgate regulations further defining the term technology for purposes of this Act.
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