BGOV Bill Analysis: H.R. 4366, Joint Employer Definition

A business would be considered a “joint employer” only if it exercises significant control over the terms and conditions of employment of another company’s workers under H.R. 4366.

The measure would codify the definition of joint employment — where two or more businesses are responsible for an employees’ working conditions — under both the National Labor Relations Act, which governs the right of employee to unionize and collectively bargain, and the Fair Labor Standards Act, which sets federal worker protections like the minimum wage, overtime requirements, and child labor restrictions.

The new standard effectively would exclude businesses ...