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S. 664 (116th): Protecting Workers’ Freedom to Organize Act

The text of the bill below is as of Mar 5, 2019 (Introduced). The bill was not enacted into law.



1st Session

S. 664


March 5, 2019

(for himself, Mr. Booker, Mrs. Gillibrand, Ms. Smith, Mrs. Murray, Mr. Merkley, Ms. Baldwin, Mr. Sanders, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions


To amend the National Labor Relations Act to clarify the requirements for meeting the definition of the term employee, and for other purposes.


Short title

This Act may be cited as the Protecting Workers’ Freedom to Organize Act.


Definitions under the National Labor Relations Act

Section 2 of the National Labor Relations Act (29 U.S.C. 152) is amended—


in paragraph (3), by adding at the end the following:

An individual performing any service shall be considered an employee (except as provided in the previous sentence) and not an independent contractor for purposes of this Act, unless—


the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact;


the service is performed outside the usual course of the business of the employer; and


the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed.

; and


in paragraph (11)—


by inserting and for a majority of the individual's work time after interest of the employer;


by striking assign,; and


by striking or responsibly to direct them,.