Sec. 202. Employment relationships
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/bill/117/s/3889/is/section-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3(e)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e)(1) ) is amended by inserting before the period the following: , as determined under the usual common law rules . Section 3(g) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(g) ) is amended by inserting an employee after permit . Section 2(2) of the National Labor Relations Act ( 29 U.S.C. 152(2) ) is amended— by striking The term and inserting employer
(A)The term ; and employer by adding at the end the following: An employer may be considered a joint employer of the employees of another employer only if each employer directly, actually, and immediately, and not in a limited and routine manner, exercises significant control over the essential terms and conditions of employment of the employees of the other employer, such as hiring such employees, discharging such employees, determining the rate of pay and benefits of such employees, supervising such employees on a day-to-day basis, assigning such employees a work schedule, position, or task, or disciplining such employees. . Section 3(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(d) ) is amended— by striking and inserting Employer includes
(1); and Employer includes by adding at the end the following: An employer may be considered a joint employer of the employees of another employer for purposes of this Act only if each employer meets the criteria set forth in section 2(2)(B) of the National Labor Relations Act ( 29 U.S.C. 152(2)(B) ) except that, for purposes of determining joint-employer status under this Act, the terms employee and employer referenced in such section shall have the meanings given such terms in this section. . Notwithstanding any other provision of law, the fact that an individual accessing work through a digital marketplace company receives retirement or fringe benefits from such digital marketplace company shall not establish, or support the establishment of, an employee and employer relationship between the individual accessing work through a digital marketplace company and the digital marketplace company, respectively, under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), the National Labor Relations Act ( 29 U.S.C. 151 et seq. ), or any other Federal law. In this subsection: The term digital marketplace company means a business entity affecting commerce that— maintains an online-enabled application or platform to facilitate the exchange of goods or services by users of the online-enabled application or platform; or licenses access to an online-enabled application or platform to facilitate the exchange of goods or services; and does not require a licensee using the online-enabled application or platform to generate business to accept any specific job request as a condition of maintaining access to the entity's online-enabled application or platform. The term individual accessing work through a digital marketplace company means an individual who— is provided with the option to accept or reject job requests through an online-enabled application or platform maintained by a digital marketplace company; and provides services to digital platform consumers upon connection through a digital network maintained by the digital marketplace company in exchange for compensation or payment of a fee. Notwithstanding any other provision of law, under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), the National Labor Relations Act ( 29 U.S.C. 151 et seq. ), or any other Federal law, neither of the following may be construed, alone or in combination with any other factor, as establishing an employer and employee relationship between a franchisor (or any employee of the franchisor) and a franchisee (or any employee of the franchisee): The franchisor (or any employee of the franchisor) provides the franchisee (or any employee of the franchisee) with, or requires such franchisee (or any employee of the franchisee) to use, a handbook, or other training, on sexual harassment, human trafficking, workplace violence, discrimination, or opportunities for apprenticeships or scholarships. The franchisor (or any employee of the franchisor) requires the franchisee (or any employee of the franchisee) to adopt a policy on sexual harassment, human trafficking, workplace violence, discrimination, opportunities for apprenticeships or scholarships, child care, or paid leave, including a requirement for such franchisee (or any employee of the franchisee) to report to the franchisor (or any employee of the franchisor) any violations or suspected violations of such policy. The purposes of this subsection are— to preserve the balance of rights between employers, employees, and labor organizations; and to alleviate pressure on employers to hire individuals who seek or gain employment in order to disrupt the workplace of the employer or otherwise inflict economic harm designed to put the employer out of business. Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ), as amended by section 103(c)(2), is further amended by adding at the end the following: Nothing in subsection
(a)shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or membership in a labor organization. .
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