Union Calendar No. 368
119th CONGRESS 1st Session |
[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.
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]
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,
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—
(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—
(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 | |||||
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[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 |