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Congress Asks DOL to Act on Joint Employer

In an August 14, 2018 letter to Secretary of Labor Alexander Acosta, Congressmen Bradley Byrne (R-Ala.) and Henry Cuellar (D-Texas) requested that the Department of Labor (DOL) enter into a “rulemaking on joint employment under the Fair Labor Standards Act (FLSA) to clarify employer responsibilities under wage and hour law.” The National Labor Relations Board (NLRB) also issued its own Notice of Proposed Rulemaking on joint employer today, which IEC is currently reviewing and will submit comment. Byrne and Cuellar are sponsors of the Save Local Business Act (H.R. 3441), which would tighten the joint employer standards in both the National Labor Relations Act and the Fair Labor Standards Act. The bill passed the House last November but has since stalled in the Senate. IEC is supportive of DOL and NLRB entering into a rulemaking process on this issue, as well passage of H.R. 3441, to address the Obama-era policy.