Sec. 101. Definitions
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Section 2(2) of the National Labor Relations Act ( 29 U.S.C. 152(2) ) is amended by adding at the end the following: Two or more persons shall be employers with respect to an employee if each such person codetermines or shares control over the employee’s essential terms and conditions of employment. In determining whether such control exists, the Board or a court of competent jurisdiction shall consider as relevant direct control and indirect control over such terms and conditions, reserved authority to control such terms and conditions, and control over such terms and conditions exercised by a person in fact: .
Provided, That nothing herein precludes a finding that indirect or reserved control standing alone can be sufficient given specific facts and circumstances. Section 2(3) of the National Labor Relations Act ( 29 U.S.C. 152(3) ) is amended by adding at the end the following: An individual performing any service shall be considered an employee (except as provided in the previous sentence) and not an independent contractor, unless— the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact; the service is performed outside the usual course of the business of the employer; and the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed. .
Section 2(11) of the National Labor Relations Act ( 29 U.S.C. 152(11) ) is amended— by inserting and for a majority of the individual’s worktime after interest of the employer ; by striking assign, ; and by striking or responsibly to direct them, .
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U.S. Code