Federal Spotlight: CDW Issues Joint Employer Standard Comments

July 11, 2019

The Coalition for a Democratic Workplace (CDW), along with 44 other employer entities including ABI, recently submitted comments to the Department of Labor (DOL) for Notice of Proposed Rulemaking (NPRM) regarding Joint Employer status under the Fair Labor Standards Act. The CDW, of which ABI is a member, is a collection of nearly 500 organizations representing the interests of million of employers across the country. In the comments, the CDW supported the DOL’s proposal regarding the four factor test to determine if there is a joint employer relationship. The DOL also clarifies that employer entities will only be joint employers if they actually exercise control over an employee’s terms and conditions of employment, as opposed to the Obama administration’s joint employer standard that allowed for unexercised or even potential control to trigger joint employer status. The comment period is now closed, and the DOL is expected to release its final rule in the next several months. ABI helped pass legislation related to this subject earlier this year. You can learn more about the joint employer standard.