Congress of the United States Washington, DC 20515 March 24, 2016 The Honorable Hal Rogers The Honorable Nita Lowey Chairman Ranking Member Committee on Appropriations Committee on Appropriations Room H305, The Capitol 1016 Longworth HOB Washington, D.C. 20515 Washington, DC 20515 Dear Chairman Rogers and Ranking Member Lowey, As you prepare for consideration of the FY 2017 Labor, Health and Human Services, Education and Related Agencies Appropriations Bill, the undersigned Members of Congress strongly urge you to include and support critical language that would address changes to the “Joint Employer Standard” (joint employer) made by the National Labor Relations Board (NLRB) decision in Browning-Ferris Industries of California (BFI) in August of 2015. This policy rider is essential to providing certainty and clarity for hundreds of thousands of small businesses in our districts as it relates to their workforce and their business to business contractual agreements. For more than three decades, the joint employer standard has been one of the comerstones of labor law, protecting businesses from undue liability involving employees over which they do not have aetual or direct control. Unfortunately, through its Browning-Ferris Industries decision, the NLRB has completely re-written the joint employer standard by including “indirect” and “potential” control into its decision, In doing so, the NLRB has ignored years of legal precedence and has created an environment of uncertainty that will put pressure on primary companies to assert more authority over small businesses to limit new potential liabilities under federal labor law. Small businesses are now fearful of undue liability involving the actions and activities of employees of subcontractors, suppliers and vendors, over which they do not have actual or direct control. ‘The undersigned Members of Congress have heard from businesses and employers in their community, both large and small —all of whom have relayed their fear and uncertainty surrounding the impacts of the BFI decision. As our economy slowly rebounds from the recession, Congress and the federal government should be promoting policies that foster and incentivize job growth, free enterprise, and a stable regulatory environment, Regrettably, the NLRB’s decision in BFI has done the opposite, creating unnecessary anxiety and trepidation within the employer community. On behalf of the thousands of small businesses in our respective districts, we urge you to support the joint employer rider in the FY 2017 Labor, Health and Human Services, Education and Related Agencies Appropriations Bill. It will place a one year hold on the NLRB’s new joint employer definition, allowing Congress the time necessary to analyze and comprehend the impact of such a major change in labor law. Sincerely, Roliey bi een Collin C. Peterson Member of Congress Member of Congress Ce: Chairman Tom Cole Ranking Member DeLauroBILL HUIZENGA Member of Congress D: ;ENISHEK Member of Congress ‘Member of Congress an TIPTON 3 Xe Te Member of Congress Member of Congress KEVIN CRAMER HENSARLING Member of Congress Mbhiber of Congress stat CTHABOT MATT ION Member of Congress Member of Congress ELS Bushy’ Cae bev GT’ Thompaer GLENN 'GT' THOMPSON EARL L. 'BUDDY' CARTER: Member of Congress Member of Congress BRAD ASHFORD WILL HURD Member of Congress ‘Member of Congressahi VICKY HARIZLER Y/BUCSHON, M.D. Member of Congress Membes\gf Congress PAUL A. ISARS . YLER Member of Congress fember bf Congres GLENN GROTHMAN ‘Member of Congress Member 8 Congress fember of Congress ho CUELLAR: é }CE WESTERMAN ‘Member of Congress Member of Congress aA) ¢ S Quine Bln Ui ‘ vulA BRUCE POLIQUI DIANE BLACK Member of Congress Member of Congress LOUIE GOHMERT Member of CongressSomrhuder> SAM JOHNSON Member of Congress SHIMKUS Manber of Congress b8¢ delle BOB GOODLATTE Member of Congress a ‘CHARLES BOUSTANYR., M.D. I IN Member of Congress RANDY HUJAGREN Member of Congress Member of Corferess Lak MCSALLY Le Member of Congress RENE! Ss Member of Congress a STIVERS Member of Congress Dol bral DAVE BRAT ‘Member of Congress DAVID Rp a Member of Cgggress JIM SENSENBRENNER Member of CongressAl Member of Congress GARRET GRAVES Member of Congress fare FRENCH HILL Member of Congress. ‘AUSTIN SCOTT Member of Congress RALPH ABRAHAM, M.D. ‘Member of Congress RICH NUGI Member of Congress BILL FLORES Member of Congress Member of Congress DOUG TAMBOR Member of Congress DENNIS A. ROSS: Member of Congress OBERT J. Member of Congress ‘AINE ‘Member of CongressRYAMA. COSTELLO Dud P Re DAVID P ROE Member of Congress ‘6 Member of Congress R Meobnan JOHN MOOLENAAR Member of Congress a BARLETTA Member of Congress of Congress SUSAN BROOKS Member of Congress HA BLACKBURN ‘Member of Congress STEVE KING ‘ : Member of Congress