Sec. 206. Labor contractors
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1938 Section 3(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(d) ), as amended by section 205(a)(1), is further amended by adding at the end the following: An employer shall also be responsible for the rights and protections of this Act with regard to an employee of a labor contractor, or any labor subcontractors under a labor contractor, in any case where such labor contractor or labor subcontractor is responsible for the rights and protections of this Act with respect to the employee. .
Section 2(2) of the National Labor Relations Act ( 29 U.S.C. 152(2) ), as amended by section 205(b), is further amended by adding at the end the following: An employer shall also be responsible for the rights and protections of this Act with regard to an employee of a labor contractor, or any labor subcontractors under a labor contractor, in any case where such labor contractor or labor subcontractor is responsible for the rights and protections of this Act with respect to the employee. .
Section 8(a) of the National Labor Relations Act ( 29 U.S.C. 158(a) ), as amended by section 102(b)(3)(B), is further amended by adding at the end the following: to reject contractors in whole or in part because the contractors have workforces represented by labor organizations, including— when the employer initially solicits bids for a contract for an as-yet-unchosen contractor to provide a good or service to the employer, by rejecting any contractor in whole or in part because the contractor's workforce is represented by a labor organization; or when an employer has an existing contract with a contractor and the contractor’s employees are considering to organize or have chosen to organize in accordance with the rights provided under section 7, by— ending the employer’s existing contract with the contractor; not renewing the employer’s existing contract with the contractor if the contract is set to expire; or threatening to end or not renew the employer’s existing contract with the contractor, in whole or in part because of the labor organization consideration or representation described in the matter preceding clause (i). . 1970 Section 3(5) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652(5) ), as amended by section 205(c)(1), is further amended by adding at the end the following:
An employer shall also be responsible for the rights and protections of this Act with regard to an employee of a labor contractor, or any labor subcontractors under a labor contractor, in any case where such labor contractor or labor subcontractor is responsible for the rights and protections of this Act with respect to the employee. . 1977 Section 4B of the Federal Mine Safety and Health Act of 1977, as amended by section 205(d), is further amended by adding at the end the following:
An employer shall also be responsible for the rights and protections of this Act with regard to a miner of a coal or other mine employed by a labor contractor, or any labor subcontractors under a labor contractor, in any case where such labor contractor or labor subcontractor is responsible for the rights and protections of this Act with respect to the miner. . Section 4(c) of the Migrant and Seasonal Agricultural Worker Protection Act, as amended by section 205(e)(1), is further amended by adding at the end the following:
A farm labor contractor, agricultural employer, or agricultural association shall also be responsible for the rights and protections of this Act with regard to a migrant agricultural worker or seasonal agricultural worker of a labor contractor, or any labor subcontractors under a labor contractor, in any case where such labor contractor or labor subcontractor is responsible for the rights and protections of this Act with respect to the migrant agricultural worker or seasonal agricultural worker. .
Section 3144b of title 40, United States Code, as amended by section 205(f)(1), is further amended by adding at the end the following: An employer who is a contractor subject to the requirements of this subchapter shall also be responsible for the rights and protections of this subchapter with regard to an employee of any labor subcontractor of the contractor, or any labor subcontractors under a labor subcontractor, in any case where— the employee is performing work under a contract to which this subchapter applies; and such labor subcontractor, or labor subcontractor of a labor subcontractor, is responsible for the rights and protections of this subchapter with respect to a laborer or mechanic. .
Section 6701a of title 41, United States Code, as amended by section 205(g), is further amended by adding at the end the following: An employer who is a contractor subject to the requirements of this chapter shall also be responsible for the rights and protections of this chapter with regard to an employee of any labor subcontractor of the contractor, or any labor subcontractors under a labor subcontractor, in any case where— the employee is performing work under a contract to which this chapter applies; and such labor subcontractor, or labor subcontractor of a labor subcontractor, is responsible for the rights and protections of this chapter with respect to a service employee. .
Section 6501b of title 41, United States Code, as amended by section 205(h), is further amended by adding at the end the following: An employer who is a contractor subject to the requirements of this chapter shall also be responsible for the rights and protections of this chapter with regard to an employee of any labor subcontractor of the contractor, or any labor subcontractors under a labor subcontractor, in any case where— the employee is employed in the manufacture or furnishing of materials, supplies, articles, or equipment under a contract to which this chapter applies; and such labor subcontractor, or labor subcontractor of a labor subcontractor, is responsible for the rights and protections of this chapter with respect to the employee. . 1993 Section 101(4) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ), as amended by section 205(i), is further amended by adding at the end the following:
An employer shall also be responsible for the rights and protections of this Act with regard to an employee of a labor contractor, or any labor subcontractors under a labor contractor, in any case where such labor contractor or labor subcontractor is responsible for the rights and protections of this Act with respect to the employee. . Section 3306(w) of the Internal Revenue Code of 1986, as amended by section 205(j), is amended by adding at the end the following new paragraph:
Paragraph
(10)of section 3(d) of such Act. . The amendment made by paragraph
(1)shall apply to services rendered on or after January 1, 2022.
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