CSLB Supports Congressional Request for Rulemaking to Address Joint Employer Uncertainty

WASHINGTON, Aug. 15—The Coalition to Save Local Businesses (CSLB), which represents a diverse group of locally owned, independent small businesses, associations and organizations, today applauded Rep. Bradley Byrne (R-Ala.) and Henry Cuellar (D-Texas) for urging the Department of Labor to clarify employer responsibilities under federal law to bring much-needed relief to small businesses.

In a letter sent to the Labor Secretary Alexander Acosta, Reps. Byrne and Cuellar called upon the Department to develop rulemaking to clarify the current standard for determining joint employment status under the Fair Labor Standards Act (FLSA):

“We join these local employers and their employees in our states in calling upon their government to clarify these rules so that small businesses’ know the rules of the game.  You previously withdrew the Wage and Hour Administrator’s overly broad administrative interpretation on joint employment in June 2017. Now we urge you to proceed toward rulemaking on joint employment under the FLSA to clarify employer responsibilities under wage and hour law…”

Since the National Labor Relations Board’s 2015 decision to expand the joint employer standard, small businesses have faced an uncertain future, exposed to unlimited and unpredictable joint employment liability.

“CSLB members, and the small businesses they represent, appreciate the support of Rep. Bradley Byrne, Rep. Henry Cuellar, and Members of Congress, in recognizing the importance of providing clear, long-term rules for our nation’s employers on joint employer,” said CSLB Executive Director Michael Layman. “Our members will continue advocating for solutions to this misguided policy and pursuing passage of the Save Local Business Act in Congress, which we believe is the most effective way to address joint employer uncertainty in both the National Labor Relations Act (NLRA) and the FLSA.”

To view the letter in its entirety, click here.