Sec. 4. Employment relationships

485 words·~2 min read·/bill/118/hr/2700/ih/section-4

A 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, 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, none 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.