IN THE SENATE OF THE UNITED STATES
March 5, 2019
Mr. Brown (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.
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.
in paragraph (11)—
and for a majority of the individual's work time after
interest of the employer;
or responsibly to direct them,.