H.R. 3441House115th Congress (2017-2019)Passed House

Save Local Business Act

Introduced July 27, 2017

AI-Generated Summary

Updated April 15, 2026 at 5:39 PM UTC

The Save Local Business Act changes how the law defines a "joint employer" under both the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA). It limits joint‑employer status to parties that have direct, substantial control over key employment decisions, rather than those with only limited or routine involvement. The change is intended to protect small and local businesses from being held jointly responsible for labor practices of larger parent or franchise companies.

Key Provisions

  • Amends the NLRA definition so a person is a joint employer only if they directly, actually, and immediately exercise significant control over essential terms of employment (e.g., hiring, firing, pay, benefits, supervision, scheduling, discipline).
  • Amends the FLSA to adopt the same joint‑employer criteria used in the NLRA, meaning a person is a joint employer for wage‑and‑hour purposes only if they meet the new NLRA standard.

Legislative Activity

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21 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

November 8, 2017

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HouseIntro Referral

Introduced in House

July 27, 2017

HouseIntro Referral

Referred to the House Committee on Education and the Workforce.

July 27, 2017

HouseCommittee

Hearings Held by the Subcommittee on Workforce Protections Prior to Referral.

September 13, 2017

HouseCommittee

Hearings Held by the Subcommittee on Health, Employment, Labor, and Pensions Prior to Referral.

September 13, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

October 4, 2017

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 17.

October 4, 2017

HouseCommittee

Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 115-379.

November 1, 2017

HouseCalendars

Placed on the Union Calendar, Calendar No. 278.

November 1, 2017

HouseFloor

Rules Committee Resolution H. Res. 607 Reported to House. Rule provides for consideration of H.R. 3043 and H.R. 3441. Measure will be considered read. The resolution provides for one hour of debate on H.R. 3043. The resolution makes in order only those further amendments printed in the report and one motion to recommit with or without instructions. Also, the resolution provides for one hour of debate on H.R. 3441 with one motion to recommit with or without instructions.

November 6, 2017 • 7:20 PM

HouseFloor

Rule H. Res. 607 passed House.

November 7, 2017 • 1:58 PM

HouseFloor

Considered under the provisions of rule H. Res. 607. (consideration: CR H8566-8581)

November 7, 2017 • 4:36 PM

HouseFloor

Rule provides for consideration of H.R. 3043 and H.R. 3441. Measure will be considered read. The resolution provides for one hour of debate on H.R. 3043. The resolution makes in order only those further amendments printed in the report and one motion to recommit with or without instructions. Also, the resolution provides for one hour of debate on H.R. 3441 with one motion to recommit with or without instructions.

November 7, 2017 • 4:36 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 3441.

November 7, 2017 • 4:37 PM

HouseFloor

The previous question was ordered pursuant to the rule.

November 7, 2017 • 5:45 PM

HouseFloor

Ms. Bonamici moved to recommit with instructions to the Committee on Education and the Workforce. (text: CR H8579)

November 7, 2017 • 5:45 PM

HouseFloor

DEBATE - 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.

November 7, 2017 • 5:46 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection.

November 7, 2017 • 5:50 PM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 186 - 235 (Roll no. 613).

November 7, 2017 • 6:15 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 242 - 181 (Roll no. 614).(text: CR H8566)

November 7, 2017 • 6:24 PM

HouseFloor

On passage Passed by recorded vote: 242 - 181 (Roll no. 614). (text: CR H8566)

November 7, 2017 • 6:24 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

November 7, 2017 • 6:24 PM

SenateIntro Referral

Received in the Senate.

November 8, 2017

Amendments

1 amendment

Offered to this bill

Floor Debate

23 members

What members said about H.R. 3441 on the floor

9 Republicans14 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · Nov 7, 2017

Mr. Speaker, I thank the gentleman from Alabama (Mr. Byrne) for yielding me the customary 30 minutes, and I yield myself such time as I may consume. (Mr. McGOVERN asked and was given permission to…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Nov 3, 2017

Mr. Speaker, I yield to the gentleman from California (Mr. McCarthy), the majority leader, for the purpose of inquiring about the schedule for the week to come. (Mr. McCARTHY asked and was given…

Bradley Byrne
Rep. Bradley ByrneR-AL-1 · Nov 7, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 607 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Nov 3, 2017

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, on Monday, the House will meet at noon for morning hour and 2 p.m. for legislative business. Votes will be postponed until 6:30. On…

Mark Takano
Rep. Mark TakanoD-CA-41 · Nov 7, 2017

Mr. Speaker, I thank the ranking member for yielding and for his continued leadership on behalf of America's workers. Mr. Speaker, more and more employees today are working for a company whose name…

Show 8 more
Rob Woodall
Rep. Rob WoodallR-GA-7 · Nov 30, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 635 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Adriano Espaillat
Rep. Adriano EspaillatD-NY-13 · Nov 7, 2017

Mr. Speaker, I rise in opposition to H.R. 3441, the so-called Save Local Business Act. This bill virtually eliminates joint employer liability under the National Labor Relations Act and under the…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Nov 7, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to H.R. 3441, the so-called Save Local Business Act. Mr. Speaker, in recent years, employers have…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-25 · Nov 30, 2017

Mr. Speaker, I thank my friend for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, the Home Ownership and Equity Protection Act was enacted in 1994…

Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Nov 7, 2017

Mr. Speaker, I thank Ranking Member Scott for yielding. Mr. Speaker, I rise in opposition to the so-called Save Local Business Act. This administration and this Congress have already weakened…

Marcia L. Fudge
Rep. Marcia L. FudgeD-OH-11 · Nov 7, 2017

Mr. Speaker, I thank Ranking Member Scott for yielding. Mr. Speaker, H.R. 3441, the Save Local Business Act, would fundamentally redefine the relationship between employers and employees. Mr.…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · Nov 7, 2017

Mr. Speaker, I rise in strong opposition to this bill, which would overturn the National Labor Relations Board's joint employer decision. It will make it harder for working people to hold employers…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Nov 7, 2017

Mr. Speaker, pursuant to House Resolution 607, I call up the bill (H.R. 3441) to clarify the treatment of two or more employers as joint employers under the National Labor Relations Act and the Fair…

Show 11 more
Keith Ellison
Rep. Keith EllisonD-MN-5 · Nov 7, 2017

Mr. Speaker, I urge Members to vote ``no'' on the Republican effort to roll back the joint-employer rule that the Obama administration promulgated. This joint-employer rule is an attack on workers,…

Andy Barr
Rep. Andy BarrR-KY-6 · Nov 30, 2017

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I rise today in favor of this rule that would allow the House of Representatives to debate legislation I introduced, H.R. 1699, the…

Marcy Kaptur
Rep. Marcy KapturD-OH-9 · Nov 7, 2017

Mr. Speaker, I rise in opposition to this bill, which basically says companies should be protected, not workers. Imagine, when a firm is jointly owned and operated by the Chinese or the Mexicans or…

Donald Norcross
Rep. Donald NorcrossD-NJ-1 · Nov 7, 2017

Mr. Speaker, I include in the Record two letters of opposition, one from the North America's Building Trades Unions, and one from the United Brotherhood of Carpenters and Joiners of America. North…

Keith J. Rothfus
Rep. Keith J. RothfusR-PA-12 · Nov 30, 2017

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, I rise today in support of H.R. 1699, the Preserving Access to Manufactured Housing Act, and I urge my colleagues to support the passage…

Bradley Byrne
Rep. Bradley ByrneR-AL-1 · Nov 7, 2017

Mr. Speaker, I thank the gentlewoman for her leadership on this issue and for her continued leadership of our committee. Mr. Speaker, today is a big day. Today is an opportunity for this House to…

Lucille Roybal-Allard
Rep. Lucille Roybal-AllardD-CA-40 · Nov 13, 2017

Mr. Speaker, on November 6th, 7th, 8th, and 9th, I was ill, so I was not present for the Roll Call votes held on those days. Had I been present, I would have voted: ``Aye'' on Roll Call 607, on the…

Dan Newhouse
Rep. Dan NewhouseR-WA-4 · Nov 7, 2017

Mr. Speaker, first, I want to thank my friend, the gentleman from Alabama, for letting me participate in this very important debate today. Mr. Speaker, I rise in support of the rule, but specifically…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Nov 30, 2017

Mr. Speaker, I thank the gentlewoman for her distinguished leadership and for yielding to me. Mr. Speaker, I want to focus in particular on where we are and where we have been. I think it is…

David P. Roe
Rep. David P. RoeR-TN-1 · Nov 7, 2017

Mr. Speaker, I rise today in support of H.R. 3441, the Save Local Business Act. Mr. Speaker, this debate boils down to whether we want local entrepreneurship and community engagement through the…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Nov 7, 2017

Mr. Speaker, I thank the chairwoman for yielding. Mr. Speaker, I rise today in support of H.R. 3441, the Save Local Business Act. For hardworking men and women in this country, one of the most…

Bill Text

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Received in SenateIssued November 8, 2017

II

115th CONGRESS

1st Session

H. R. 3441

IN THE SENATE OF THE UNITED STATES

November 8, 2017

Received

AN ACT

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

1.

Short title

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

2.

Clarification of joint employment

(a)

National Labor Relations Act

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)

A person may be considered a joint employer in relation to an employee only if such person directly, actually, and immediately, and not in a limited and routine manner, exercises significant control over essential terms and conditions of employment, such as hiring employees, discharging employees, determining individual employee rates of pay and benefits, day-to-day supervision of employees, assigning individual work schedules, positions, and tasks, or administering employee discipline.

.

(b)

Fair Labor Standards Act of 1938

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)

A person may be considered a joint employer in relation to an employee for purposes of this Act only if such person meets the criteria set forth in section 2(2)(B) of the National Labor Relations Act (29 U.S.C. 152(2)(B)).

.

Passed the House of Representatives November 7, 2017.

Karen L. Haas,

Clerk