Week ending November 10, 2017
H.R.3441 – Save Local Business Act
H.R. 3441 amends the National Labor Relations Act and Fair Labor Standards Act to allow two or more employers to be considered joint employers only if each shares and exercises actual, direct, and immediate control over essential terms and conditions of employment.
‘If enacted, the bill would effectively negate a 2015 ruling by the National Labor Relations Board in which the board concluded a joint employer relationship could be established when an employer exercises control over employment matters indirectly or has reserved such control by contract.’ – cbo
Opposition holds H.R. 3441 would exempt these unscrupulous contractors from liability by enabling them to exert even more control over the workers’ terms and conditions while facing no liability for wage theft or overtime claims under the FLSA.
(Full text of H.R. 3441 congress.gov)
Sponsor: Rep. Byrne, Bradley [R-AL-1] (Introduced 07/27/2017)
Status: Passed House /
VOTES and FLOOR ACTION
On Passage: On passage Passed by recorded vote: 242 – 181 (Roll no. 614)
Motion to recommit: On motion to recommit with instructions Failed by the Yeas and Nays: 186 – 235 (Roll no. 613)
Text of the motion:
The House proceeded with 10 minutes of debate on the Bonamici motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to section 2, Clarification of Joint Employment, to change the applicability when a franchisee takes an action at the direction of a franchisor, and such action by the franchisee violates this Act, in which case the franchisor shall be considered a joint employer for purposes of such violation.
COST AND IMPACT
Cost to the taxpayers: Data not available
Pay-as-you-go requirements: Data not available
Regulatory and Other Impact: Implementing the bill would not affect the operations of federal and state agencies because the NLRA excludes federal governmental entities as well as states and political subdivisions of states from the definition of employer under the act
Dynamic Scoring: Data not available
Tax Complexity: Not applicable to this bill.
Earmark Certification: Data not available
Duplication of programs: Data not available
Direct Rule-Making: Data not available
Advisory Committee Statement: Data not available
Budget Authority: Data not available
Constitutional Authority: Assumed.
“H.R. 3441 enables unscrupulous employers to avoid their legal responsibilities under the NLRA and FLSA, while denying employees recourse for violations of law and inflicting collateral damage to adversely impacted businesses. We urge the full House of Representatives to reject this legislation.
“ The following organizations have opposed H.R. 3441: AFL CIO; Center for American Progress; Economic Policy Institute; Farmworker Justice, International Brotherhood of Teamsters; International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW); National Employment Law Project; North America’s Building Trades Unions (NABTU); Service Employees International Union (SEIU); Signatory Wall and Ceiling Contractors Alliance; United Brotherhood of Carpenters and Joiners of America; United Farm Workers of America (UFW); United Food and Commercial Workers International Union (UFCW); and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW).
Robert C. “Bobby” Scott,
Susan A. Davis.
Raul M. Grijalva.
Marcia L. Fudge.
Gregorio Kilili Camacho Sablan.
Frederica S. Wilson.
Alma S. Adams.
Lisa Blunt Rochester.
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