By amending the definitions outlined in both the NLRA and the FLSA, HB2826 could significantly change how businesses engage with workers, especially in industries heavily reliant on subcontracting. Supporters of the bill argue that it would help prevent companies from being held liable for labor violations by contractors who employ individuals under them, thus encouraging business expansion and reducing unnecessary litigation. This change could be especially beneficial for small businesses looking to collaborate without the fear of increased liability for workforce management.
Summary
House Bill 2826, known as the 'Save Local Business Act', seeks to clarify the treatment of two or more employers as joint employers under the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA). The bill aims to provide a specific definition of what constitutes joint employment, requiring that an employer can be considered a joint employer only if they directly and immediately oversee essential employment terms and conditions such as hiring, firing, wages, and discipline of employees from another employer. This shift is intended to provide more certainty and stability for businesses regarding their employment status with client or subcontractor companies.
Contention
However, the bill is contentious, facing criticism from labor advocates who argue that it undermines worker protections. Critics believe that the stricter criteria for determining joint employer status could lead to businesses evading responsibility for poor working conditions and wage violations perpetrated by subcontractors. Opponents highlight that weakening the joint employment standard may provide larger corporations with a loophole to exploit workers, as it would limit avenues for employees to seek recourse under labor laws. The ongoing debate reflects a broader ideological divide regarding labor rights and employer responsibilities in the American workforce.
Commission to Study and Develop Reparation Proposals for African Americans Act This bill establishes the Commission to Study and Develop Reparation Proposals for African Americans. The commission must (1) compile documentary evidence of slavery in the United States; (2) study the role of the federal and state governments in supporting the institution of slavery; (3) analyze discriminatory laws and policies against freed African slaves and their descendants; and (4) recommend ways the United States may recognize and remedy the effects of slavery and discrimination on African Americans, including through a formal apology and compensation (i.e., reparations). The commission consists of individuals from civil society and reparations organizations and individuals appointed by the President and congressional leadership; Members of Congress and governmental employees may not serve on the commission. The commission may hold hearings, subpoena witnesses and records, and contract with other entities to conduct its work. The commission must submit its final report within 18 months of its first meeting.