FMI – The Food Industry Association appreciates the opportunity to write regarding the Standard for Determining Joint-Employer Status notice of proposed rulemaking (NPRM) (Docket: NLRB-2022-0001) and to express concerns about a new joint employment standard. The comments below discuss how the expansion of the essential terms and conditions regarding health and safety and hours of work and scheduling, as well as the uncertain nature of case-by-case adjudication, have the potential to upend the business-to-business operational relationships that have been at the core of the food industry for decades. Additionally, FMI is a member of the Coalition for a Democratic Workplace (CDW) and signed the comment letter filed by the coalition. The CDW letter details legal arguments as to why a new standard is not merited and is arbitrary and capricious under the law.

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