H.R. 4366: Save Local Business Act
Sponsor
James Comer
Republican · KY-1
Bill Progress
Latest Action · Jan 13, 2026
Passed the House, received in Senate
Why it matters
This matters now because fights over who counts as a worker’s real boss have major consequences for franchising, contracting, union organizing, and wage-and-hour lawsuits.
The Save Local Business Act would change federal labor law so that two businesses are treated as joint employers only in a narrow set of cases. Under the bill, a company would have to directly, actually, and immediately exercise significant control over core job matters like hiring, firing, pay, benefits, daily supervision, scheduling, assignments, or discipline. That is a stricter test than broader standards that can consider indirect control or reserved authority.
The practical effect is to make it harder to treat a parent company, brand owner, franchisor, contractor, or lead firm as legally responsible for workers hired by another business. For example, if a national chain sets brand rules but does not directly control day-to-day employment decisions, it would have a stronger argument that it is not the workers’ joint employer. That could reduce exposure to labor disputes, union bargaining obligations, and wage claims.
Supporters frame the bill as a certainty measure for local franchise owners and small businesses that rely on subcontracting or shared business models. They argue unclear or shifting joint-employer rules can scare larger firms away from partnering with smaller operators, and can saddle local businesses with legal confusion. Business groups have long pushed for a more predictable standard.
For workers and labor advocates, the tradeoff is clear: a narrower standard can limit who they can sue, bargain with, or hold responsible when wages are unpaid or workplace rights are violated. In industries where a larger company strongly shapes operations without formally hiring workers, the bill could leave legal responsibility focused on the smaller direct employer. The bill does not create new funding or programs; it mainly rewrites the legal test used under two major labor laws.
What does H.R. 4366 do?
Sets a stricter joint-employer test
Two companies count as joint employers only if each one directly, actually, and immediately exercises significant control over key job decisions.
Lists the job decisions that matter
The bill says the important areas include hiring, firing, pay, benefits, daily supervision, scheduling, task assignments, and discipline.
Changes labor law under the NLRA
It amends the National Labor Relations Act so the narrower standard applies in union-related and collective bargaining disputes.
Changes wage-and-hour law under the FLSA
It also amends the Fair Labor Standards Act so the same basic joint-employer standard applies in minimum wage and overtime cases.
Limits indirect or hands-off liability
By requiring direct and immediate control, the bill makes it harder to treat a company as an employer based only on influence, contract terms, or general business standards.
Who benefits from H.R. 4366?
Franchise owners
Local franchise operators could face less uncertainty about whether a national brand will be pulled into workplace disputes involving their employees.
Franchisors and national brands
Large brand companies would have a stronger defense against being treated as employers of workers they do not directly manage.
Small businesses using contractors
Businesses that rely on staffing, subcontracting, or vendor relationships may see lower legal risk from being tied to another company’s employment decisions.
Employer groups and trade associations
They benefit from a clearer, narrower federal rule that is more predictable across labor and wage cases.
Who is affected by H.R. 4366?
Workers in franchise and contract-heavy industries
They may have fewer ways to hold larger companies responsible when a smaller direct employer violates labor or wage laws.
Labor unions
Unions could face a harder path when trying to require a larger company to bargain as a joint employer.
Plaintiffs in wage-and-hour lawsuits
Workers bringing claims for unpaid wages or overtime may find it tougher to include deep-pocketed companies unless there is direct, immediate control.
Staffing agencies and subcontractors
These firms may carry more of the legal responsibility themselves because partner companies would be less likely to qualify as joint employers.
H.R. 4366 Common Questions
Can a franchisor be a joint employer if it only sets brand standards?
Usually no. Under the Save Local Business Act (SEC. 2), joint-employer status requires direct, actual, and immediate significant control over key job terms, not just general brand rules or indirect influence.
What are the essential terms and conditions of employment under the Save Local Business Act?
Under the Save Local Business Act (SEC. 2), they include hiring, firing, pay, benefits, day-to-day supervision, scheduling, task or position assignments, and discipline.
Does H.R. 4366 require direct and immediate control to prove joint employment?
Yes. According to H.R. 4366 SEC. 2, each employer must directly, actually, and immediately exercise significant control over essential job terms to be treated as a joint employer.
Can a company be a joint employer if it has only indirect control over workers?
No. Under the Save Local Business Act (SEC. 2), joint-employer status is limited to employers that directly, actually, and immediately exercise significant control over essential employment terms.
Does the Save Local Business Act apply to overtime and minimum wage cases?
Yes. Under the Save Local Business Act (SEC. 2(b)), the FLSA joint-employer test would use the same direct, actual, and immediate control standard used in the NLRA amendment.
Does H.R. 4366 change union bargaining and labor dispute rules?
Yes. According to H.R. 4366 SEC. 2(a), it amends the National Labor Relations Act so the narrower joint-employer standard applies in NLRA cases, including bargaining and labor disputes.
Which employment decisions count for joint-employer status under H.R. 4366?
According to H.R. 4366 SEC. 2, the listed decisions are hiring, discharging, setting pay and benefits, day-to-day supervision, assigning schedules, positions or tasks, and disciplining employees.
Can a parent company be liable as a joint employer for another company's workers under the Save Local Business Act?
Only if it directly, actually, and immediately exercises significant control over essential job terms. That is the rule under the Save Local Business Act (SEC. 2).
Is day-to-day supervision enough to make a business a joint employer under H.R. 4366?
Day-to-day supervision is one listed essential term, but H.R. 4366 SEC. 2 says joint-employer status exists only if each employer directly, actually, and immediately exercises significant control.
Does the FLSA use NLRA standards for joint-employer status in the Save Local Business Act?
Yes. Under the Save Local Business Act (SEC. 2(b)), FLSA joint-employer status is tied to the NLRA test in Section 2(2)(B), using FLSA meanings for 'employee' and 'employer.'
Based on H.R. 4366 bill text
HR4366 Legislative Journey
House: Passed
Jan 13, 2026
Rule H. Res. 988 passed House.
House: Committee Action
Jan 12, 2026
Rules Committee Resolution H. Res. 988 Reported to House. Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
House: Committee Action
Dec 30, 2025
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-422.
House: Vote: 20-16
Jul 23, 2025
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 20 - 16.
House: Committee Action
Jul 14, 2025
Referred to the House Committee on Education and Workforce.
About the Sponsor
James Comer
Republican, Kentucky's 1st congressional district · 10 years in Congress
Committees: Oversight and Government Reform, Education and Workforce
View full profile →
Cosponsors (2)
All 2 cosponsors are Republicans. Cosponsors represent 2 states: Missouri, Oklahoma.
Committee Sponsors
Education and Workforce Committee
1 of 36 committee members cosponsored
20 Republicans across this committee haven't cosponsored yet. Mobilize their constituents
H.R. 4366 Quick Facts
- Committee
- Education and Workforce
- Chamber
- House
- Policy
- Labor and Employment
- Introduced
- Jul 14, 2025
Passed the House, received in Senate
Jan 13, 2026
Official Sources
Official bill tracker with full text, cosponsors, actions, and committee referral status for the Save Local Business Act. Introduced July 14, 2025 by Rep. James Comer (R-KY).
Full committee report from the Education and Workforce Committee, filed December 30, 2025. Documents the 20-16 markup vote, legislative history dating to 2014, and both majority and minority views on narrowing the joint-employer standard.
The committee's dedicated page for joint employer legislation including the Save Local Business Act, with bill text, fact sheet, op-eds, and hearing materials.
July 23, 2025 press release announcing the committee passed HR 4366 alongside three other bills. Chairman Walberg described the legislation as 'protecting workers and small businesses from bureaucratic overreach.'
Congressional Research Service analysis of the joint-employer standard and how the Save Local Business Act would override the Browning-Ferris framework by requiring direct, actual, and immediate control.
The NLRB's 2023 joint-employer rule that HR 4366 seeks to override legislatively. The rule was vacated by a federal court in March 2024, but the bill would codify a narrower standard in statute to prevent future regulatory shifts.
Department of Labor's main FLSA page. HR 4366 amends Section 3(d) of the FLSA (29 U.S.C. 203(d)) to apply the same narrow joint-employer test used in the NLRA amendment to minimum wage and overtime cases.
The current statutory text of Section 2 of the National Labor Relations Act, which defines 'employer' — the exact provision HR 4366 would amend by adding the new joint-employer subsection.
Who is lobbying on H.R. 4366?
28 organizations lobbying on this bill
ENBRIDGE (U.S.) INC | 15 |
THE DONOHOE COMPANIES, INC. | 6 |
CITY OF HILLSBORO | 3 |
GREATER NEW YORK HOSPITAL ASSOCIATION | 2 |
NFIB (NATIONAL FEDERATION OF INDEPENDENT BUSINESS) | 2 |
AMERICANS FOR THE ARTS | 1 |
DAIRY FARMERS OF AMERICA INC | 1 |
NATIONAL GRID | 1 |
BERING STRAITS NATIVE CORPORATION | 1 |
SIFF & ASSOCIATES, PLLC (OBO THE MECHANICAL CONTRACTORS ASSOCIATION OF AMERICA) | 1 |
Showing 1-10 of 28 organizations
H.R. 4366 Bill Text
“To clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.”
Source: U.S. Government Publishing Office
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