II 115th CONGRESS 1st Session S. 2069 IN THE SENATE OF THE UNITED STATES November 2, 2017 Mr. Brown (for himself, Mrs. Gillibrand , Mr. Durbin , Mr. Franken , Mr. Merkley , Mrs. Murray , Mr. Sanders , Ms. Baldwin , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the National Labor Relations Act to clarify the requirements for meeting the definition of the term employee , and for other purposes.

1. Short title This Act may be cited as the Protecting Workers’ Freedom to Organize Act . 2. Definitions under the National Labor Relations Act Section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ) is amended— (1) 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, unless— (A) 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; (B) the service is performed outside the usual course of the business of the employer; and (C) 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 (2) in paragraph (11)— (A) by inserting and for a majority of the individual's work time after interest of the employer ; (B) by striking assign, after discharge, ; and (C) by striking or responsibly to direct them, after or discipline other employees, .