This letter presents the comments of FMI – The Food Industry Association (FMI) on the Notice of Proposed Rulemaking (NPRM) published by the Wage and Hour Division (WHD or the Division) of the U.S. Department of Labor (DOL or the Department) proposing regulations and requesting comments on independent contractor status under the Fair Labor Standards Act (FLSA). This NPRM was published in the Federal Register on Friday, September 25, 2020, (85 Fed. Reg. 60600) and allowed a 30-day comment period expiring October 26, 2020. In sum, FMI supports this independent contractor status rulemaking, provides comments and input on several provisions, requests US DOL/WHD clarify certain aspects of the NPRM, and shares examples for the Division to consider for inclusion in the final rule.

Full Comments