H.R. 4366

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4366 Reported in House (RH)]

<DOC>

Union Calendar No. 368
119th CONGRESS
1st Session
H. R. 4366

[Report No. 119-422]

To clarify the treatment of 2 or more employers as joint employers 
under the National Labor Relations Act and the Fair Labor Standards Act 
of 1938.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

July 14, 2025

Mr. Comer introduced the following bill; which was referred to the 
Committee on Education and Workforce

December 30, 2025

Additional sponsors: Mr. Hern of Oklahoma and Mr. Onder

December 30, 2025

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed 
in italic]
[For text of introduced bill, see copy of bill as introduced on July 
14, 2025]

_______________________________________________________________________

A BILL

To clarify the treatment of 2 or more employers as joint employers 
under the National Labor Relations Act and the Fair Labor Standards Act 
of 1938.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Save Local Business Act''.

SEC. 2. CLARIFICATION OF JOINT EMPLOYMENT.

(a) National Labor Relations Act Amendments.--Section 2(2) of the 
National Labor Relations Act (29 U.S.C. 152(2)) is amended--
(1) by striking ``The term `employer''' and inserting ``(A) 
The term `employer'''; and
(2) by adding at the end the following:
``(B) An employer may be considered a joint employer of the 
employees of another employer only if each employer directly, actually, 
and immediately, 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.''.
(b) Fair Labor Standards Act of 1938 Amendments.--Section 3(d) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) is amended--
(1) by striking ```Employer' includes'' and inserting ``(1) 
`Employer' includes''; and
(2) by adding at the end the following:
``(2) 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.''.
Union Calendar No. 368

119th CONGRESS

1st Session

H. R. 4366

[Report No. 119-422]

_______________________________________________________________________

A BILL

To clarify the treatment of 2 or more employers as joint employers 
under the National Labor Relations Act and the Fair Labor Standards Act 
of 1938.

_______________________________________________________________________

December 30, 2025

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed